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),
(j), and
(ku). The office shall collaborate with the departments of corrections and health 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 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 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, children and families, and health 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, children and families, and health 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)(em)
(em) In a program funded by a grant under this subsection, if urine collection for the purposes of a drug test results in the exposure of a program participant's genitals, pubic area, buttock, or anus, all of the following must apply:
16.964(12)(em)1.
1. The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant.
16.964(12)(em)2.
2. During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection.
16.964(12)(em)3.
3. The urine collection is not reproduced through a visual or sound recording.
16.964(12)(em)4.
4. The program participant's genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.
16.964(12)(em)5.
5. All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing.
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 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(14)
(14) Beginning in fiscal year 2008-09, from the appropriation under
s. 20.505 (6) (f), the office shall in each fiscal year provide $20,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:
16.964(14)(d)
(d) Kenosha Child Advocacy Center in Kenosha County.
16.964(14)(e)
(e) Fox Valley Child Advocacy Center in Winnebago County.
16.964(14)(h)
(h) Child Advocacy Center of Northeastern Wisconsin in Marathon County.
16.964(14)(i)
(i) Chippewa County Child Advocacy Center in Chippewa County.
16.964(14)(n)
(n) Marshfield Child Advocacy Center in Wood County.
16.964(15)(a)(a) The office shall provide staff support for the interoperability council under
s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.
16.964(15)(b)
(b) The office may charge a public safety agency, as defined in
s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under
par. (a).
16.964(16)(a)(a) The office shall analyze the information submitted to it by law enforcement agencies under
s. 349.027 (2) to determine whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
16.964(16)(b)
(b) The office shall promulgate rules relating to all of the following:
16.964(16)(b)1.
1. The types of information that law enforcement agencies must collect relating to traffic stops and the circumstances under which this information must be collected.
16.964(16)(b)2.
2. The process and format that law enforcement agencies must use to submit to the office the collected information specified in
subd. 1.
16.964(16)(b)3.
3. The types of analyses that the office will perform in fulfilling the requirement under
par. (a).
16.964(16)(b)4.
4. Requirements for making reports to the legislature under
s. 13.172 (2), to the governor, and to the director of state courts.
16.964 Cross-reference
Cross-reference: See also ch.
OJA 1, Wis. adm. code.
16.964(17)
(17) American Indian tribal community reintegration program. The office shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The office shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.
16.964(18)(a)2.
2. "Law enforcement investigation information" means information that is collected by the office under
sub. (1m) consisting of arrest reports, incident reports, and other information relating to persons suspected of committing crimes that was created by a law enforcement agency and provided to the office by that agency for the purpose of sharing with other law enforcement agencies and prosecutors.
16.964(18)(b)
(b) For purposes of requests for access to records under
s. 19.35 (1), if the office has custody of a record containing law enforcement investigation information, the office and any other law enforcement agency with which the office shares the information contained in the record are not the legal custodians of the record as it relates to that information. For such purposes, the legal custodian of the record is the law enforcement agency that provides the law enforcement investigation information to the office. If the office or any other law enforcement agency receives a request under
s. 19.35 (1) for access to information in such a record, the office or the other law enforcement agency shall deny any portion of the request that relates to law enforcement investigation information.
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;
2007 a. 20 ss.
123 to
125g,
3126 to
3128,
9121 (6) (a);
2007 a. 79,
96;
2009 a. 28,
259.
16.9645
16.9645
Interoperability council. 16.9645(1)(c)
(c) "Interoperability" means the ability of public safety agencies to communicate with each other and with agencies and entities identified under
sub. (2) (a) by means of radio or associated communications systems, including the exchange of voice, data, or video communications on demand and in real time, as needed and authorized.
16.9645(2)
(2) The council shall do all of the following:
16.9645(2)(a)
(a) Identify types of agencies and entities, including public works and transportation agencies, hospitals, and volunteer emergency services agencies to be included, in addition to public safety agencies, in a statewide public safety interoperable communication system.
16.9645(2)(b)
(b) Recommend short-term and long-term goals to achieve a statewide public safety interoperable communication system.
16.9645(2)(c)
(c) Recommend and periodically review a strategy and timeline for achieving the goals under
par. (b), including objectives for local units of government.
16.9645(2)(d)
(d) Assist the office of justice assistance in identifying and obtaining funding to implement a statewide public safety interoperable communication system.
16.9645(2)(e)
(e) Advise the office of justice assistance on allocating funds, including those available for homeland security, for the purpose of achieving the goals under
par. (b).
16.9645(2)(f)
(f) Make recommendations to the office of justice assistance on all of the following:
16.9645(2)(f)1.
1. Technical and operational standards for public safety interoperable communication systems.
16.9645(2)(f)2.
2. Guidelines and procedures for using public safety interoperable communication systems.
16.9645(2)(f)3.
3. Minimum standards for public safety interoperable communication systems, facilities, and equipment used by dispatch centers.
16.9645(2)(f)4.
4. Certification criteria for persons who operate public safety interoperable communication systems for dispatch centers.
16.9645 History
History: 2007 a. 79;
2009 a. 180.
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.
