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.
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.
16.965(4)(b)9.
9. Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.
16.965(4)(b)10.
10. Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
16.965(4)(b)11.
11. Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.
16.965(4)(b)12.
12. Balancing individual property rights with community interests and goals.
16.965(4)(b)13.
13. Planning and development of land uses that create or preserve varied and unique urban and rural communities.
16.965(4)(b)14.
14. Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.
16.965(4)(c)
(c) Planning efforts that identify smart growth areas.
16.965(4)(d)
(d) Planning efforts, including subsequent updates and amendments, that include development of implementing ordinances, including ordinances pertaining to zoning, subdivisions and land division.
16.965(4)(e)
(e) Planning efforts for which completion is contemplated within 30 months of the date on which a grant would be awarded.
16.965(4)(f)
(f) Planning efforts that provide opportunities for public participation throughout the planning process.
