16.96(2)(d)
(d) Except as authorized in
pars. (dm) and
(e), the population determinations shall be based upon the last previous federal decennial or special census or other official statewide census and shall take into consideration growth rates of municipalities.
16.96(2)(dm)
(dm) The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on August 10 if the final certified results of such censuses are received by the department before July 1 in the year in which the determination is made. The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on October 10 if the final certified results of such censuses are received by the department before October 1 in the year in which the determination is made. If a municipality or county notifies the department in writing by October 1 of its intention to contract for a special census with the U.S. bureau of the census in support of a challenge to the August 10 population determination, and if the final certified results of such a special census are received by the department before July 15 in the following year, the department shall adjust the preceding October 10 population estimate to reflect the results of the special census. If a municipality or county notifies the department of its intention to contract for a special census but the results are not received by July 15 in the following year, the department may use the best information from the most recent federal census. The department shall report the adjusted population determination to the department of revenue before August 1 of the year subsequent to the challenge. The department shall prorate census results for census dates occurring after the reference date of any population determination back to the reference date of the estimate for all municipalities and counties under
par. (a). Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08. If a municipality contracts with the U.S. bureau of the census for a special census, the municipality shall assure that the results of such special census are certified to the department not later than 30 days after the release of the census results by the U.S. bureau of the census.
16.96(2)(e)
(e) Before August 1 of the year following the year in which a federal decennial census is taken, the department shall adjust the October 10 population determinations of the decennial census year to correspond to the final federal decennial census results as reported to an agency of the state by the U.S. bureau of the census under
13 USC 141 (c). The department may use preliminary results from the decennial census for any municipality or a county for which the final results are not available before August 1 of the year following the decennial census year. The department shall prorate each population determination adjustment from the decennial census date back to the reference date of the estimate for all municipalities and counties under
par. (a) in the decennial census year. The department shall report the adjusted population determination to the department of revenue before August 1 of the year following the federal decennial census year. Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08.
16.96(2)(f)
(f) Persons who are members in the Wisconsin Veterans Home at King shall be considered residents of the town of Farmington and of Waupaca County, persons who are members in the Wisconsin Veterans Home at Chippewa Falls shall be considered residents of the city of Chippewa Falls and of Chippewa County, and persons who are members in the Wisconsin Veterans Home at Union Grove shall be considered residents of the town of Dover and of Racine County for purposes of the state revenue sharing distribution under
subch. I of ch. 79.
16.96(3)(a)(a) Establish a demographic services center for the purpose of developing and administering systems needed to carry out the functions of the department under
subs. (1) and
(2), maintaining a current repository of appropriate published and computer retrievable federal census information and cooperating with state agencies and regional planning agencies so that the department's population estimates, projections and published reports are useful for planning and other purposes for which they are required. The center shall coordinate population information development and use. The center shall provide assistance to and encourage and coordinate efforts by state and local agencies, regional planning agencies and private businesses and associations to inform the public regarding the federal census process and the importance of obtaining a complete, accurate federal decennial census. The department may enter into agreements with state and local agencies or regional planning agencies for their assistance in the preparation of population estimates, projections and forecasts.
16.96(3)(b)
(b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under
s. 13.92 (1) (a) 6. and provide copies thereof to the elections board.
16.96(3)(c)
(c) Serve as the state's liaison to the U.S. bureau of the census to facilitate accurate federal decennial census counts in this state.
16.96 Cross-reference
Cross Reference: See also s.
Adm 3.01, Wis. adm. code.
16.964
16.964
Office of justice assistance. 16.964(1)
(1) The office of justice assistance shall:
16.964(1)(a)
(a) Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974,
P.L. 93-415.
16.964(1)(b)
(b) Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with
s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.
16.964(1)(c)
(c) Recommend appropriate legislation in the criminal and juvenile justice field to the governor and the legislature.
16.964(1)(d)
(d) Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.
16.964(1)(e)
(e) Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.
16.964(1)(f)
(f) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.
16.964(1)(g)
(g) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.
16.964(1)(h)
(h) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under
par. (g), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.
16.964(1)(i)
(i) Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.
16.964(2)
(2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in
sub. (1) (g) on the basis of the forms or instructions or both to be supplied by the office under
sub. (1) (g).
16.964(3)
(3) The governor shall appoint an executive director under
s. 15.105 (19) outside of the classified service.
16.964(5)(a)(a) The office shall provide grants from the appropriation under
s. 20.505 (6) (c) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.
16.964(5)(b)
(b) A city applying to the office for a grant under this subsection shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection may be used for salary and fringe benefits only. Except as provided in
par. (c), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.
16.964(5)(c)
(c) During the first 6 months of the first year of a grant, a city may, with the approval of the office, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office with all of the following:
16.964(5)(c)1.
1. The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.
16.964(5)(c)2.
2. The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.
16.964(5)(c)3.
3. Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay.
16.964(5)(d)
(d) The office shall develop criteria which, notwithstanding
s. 227.10 (1), need not be promulgated as rules under
ch. 227, for use in determining the amount to grant to cities under this subsection. The office may not award an annual grant in excess of $150,000 to any city. The office shall review any application and plan submitted under
par. (b) to determine if that application and plan meet the requirements of this subsection. The grant that a city receives under this subsection may not supplant existing local resources.
16.964(5)(e)
(e) A city may receive a grant for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant, the city shall provide matching funds of at least 25% of the amount of the grant.
16.964(5)(f)
(f) The office may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph shall be determined and allocations made as provided in this subsection.
16.964(10)(b)
(b) From the appropriation under
s. 20.505 (6) (kc), the office shall provide grants to law enforcement agencies for the purchase, installation, or maintenance of digital recording equipment for making audio or audio and visual recordings of custodial interrogations or for training personnel to use such equipment. Grants awarded under this subsection may be used to reimburse law enforcement agencies for expenses incurred or payments made on or after July 7, 2005. Grants awarded under this subsection may be used to support recording of custodial interrogations of either juveniles or adults and of interrogations related to either misdemeanor or felony offenses. The office may award more than one grant under this subsection to a law enforcement agency. The office shall develop criteria and procedures to administer this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(10)(c)
(c) A law enforcement agency shall include the following information in an application for a grant under this subsection:
16.964(10)(c)2.
2. Procedures to be followed when recording equipment fails to operate correctly, including procedures for reporting failures, using alternative recording equipment, and repairing or replacing the equipment.
16.964(10)(c)3.
3. Procedures for storing recordings of custodial interrogations, including storage format, storage location, and indexing of recordings for retrieval.
16.964(10)(c)4.
4. Measures to prevent or detect tampering with recordings of custodial interrogations.
16.964(11)
(11) From the appropriation under
s. 20.505 (6) (gj), the office shall provide grants to nonprofit organizations that provide services to victims of sexual assault. The office shall develop criteria and procedures for use in selecting grantees and administering the grant program. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(12)(a)(a) In this subsection, "violent offender" means a person to whom one of the following applies:
16.964(12)(a)1.
1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.
16.964(12)(a)2.
2. The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.
16.964(12)(b)
(b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under
s. 20.505 (6) (b) and
(ku). The office shall collaborate with the departments of corrections and health and family services in establishing this grant program.
16.964(12)(c)
(c) A county shall be eligible for a grant under
par. (b) if all of the following apply:
16.964(12)(c)1.
1. The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.
16.964(12)(c)2.
2. The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.
16.964(12)(c)3.
3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.
16.964(12)(c)4.
4. Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health and family services, and the program provides intensive case management.
16.964(12)(c)5.
5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.
16.964(12)(c)6.
6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.
16.964(12)(c)7.
7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.
16.964(12)(c)8.
8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health and family services.
16.964(12)(c)9.
9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.
16.964(12)(c)10.
10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections and health and family services, private social services agencies, and substance abuse treatment providers.
16.964(12)(c)11.
11. The county complies with other eligibility requirements established by the office to promote the objectives listed in
subds. 1. and
2.
16.964(12)(d)
(d) In implementing a program that meets the requirements of
par. (c), a county department may contract with or award grants to a religious organization under
s. 59.54 (27).
16.964(12)(e)1.1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.
16.964(12)(e)2.
2. A county that receives a grant under this subsection shall comply with state audits and shall submit an annual report to the office and to the oversight committee created under
subd. 1. regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in
par. (c) 2. and
6.
16.964(12)(f)
(f) Two or more counties may jointly apply for and receive a grant under this subsection. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under
par. (e) 1. shall consist of representatives from each county.
16.964(12)(g)
(g) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2007. If the office decides to make a grant to a county under this subsection, the office shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.
16.964(12)(h)
(h) The office shall assist a county receiving a grant under this subsection in obtaining funding from other sources for its program.
16.964(12)(i)
(i) The office shall inform any county that is applying for a grant under this subsection whether the county meets the requirements established under
par. (c), regardless of whether the county receives a grant.
16.964(12)(j)
(j) The office shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under
s. 20.505 (6) (b) and
(ku) with 1 percent of the amount awarded as grants under
par. (b).
16.964(12)(k)
(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.
16.964 History
History: 1987 a. 27;
1989 a. 31,
122;
1991 a. 39;
1993 a. 193;
1997 a. 252;
1999 a. 9 ss.
110,
110j,
2294m;
2001 a. 16 ss.
3349d,
3350,
3351d;
2003 a. 33 ss.
230,
1159,
1161,
1163,
1165;
2005 a. 25,
60,
433.
16.965
16.965
Planning grants to local governmental units. 16.965(1)(a)
(a) "Local governmental unit" means a county, city, village, town or regional planning commission.
16.965(1)(b)
(b) "Smart growth area" means an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, or that will encourage efficient development patterns that are both contiguous to existing development and at densities that have relatively low municipal, state governmental and utility costs.
16.965(2)
(2) From the appropriations under
s. 20.505 (1) (cm) and
(if), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in
s. 66.1001 (2).
16.965(4)
(4) In determining whether to approve a proposed grant, preference shall be accorded to applications of local governmental units that contain all of the following elements:
16.965(4)(a)
(a) Planning efforts that address the interests of overlapping or neighboring jurisdictions.
16.965(4)(b)
(b) Planning efforts that contain a specific description of the means by which all of the following local, comprehensive planning goals will be achieved:
16.965(4)(b)1.
1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
16.965(4)(b)2.
2. Encouragement of neighborhood designs that support a range of transportation choices.
16.965(4)(b)3.
3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
16.965(4)(b)4.
4. Protection of economically productive areas, including farmland and forests.
16.965(4)(b)5.
5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
16.965(4)(b)6.
6. Preservation of cultural, historic and archaeological sites.
16.965(4)(b)7.
7. Encouragement of coordination and cooperation among nearby units of government.
16.965(4)(b)8.
8. Building of community identity by revitalizing main streets and enforcing design standards.
