165.85(3)(j)
(j) Adopt rules under
ch. 227 for its internal management, control and administration.
165.85(3m)
(3m) Duties relating to support enforcement. The board shall do all of the following:
165.85(3m)(a)
(a) As provided in a memorandum of understanding entered into with the department of children and families under
s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
165.85(3m)(b)1.1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. Except as provided in
subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of children and families as provided in a memorandum of understanding entered into with the department of children and families under
s. 49.857.
165.85(3m)(b)2.
2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid.
165.85(4)(a)(a) The following law enforcement and tribal law enforcement officers are not required to meet any requirement of
pars. (b) 1. and
(c) as a condition of tenure or continued employment. The failure of any such law enforcement or tribal law enforcement officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Those law enforcement and tribal law enforcement officers may voluntarily participate in this program.
165.85(4)(a)1.
1. Law enforcement and tribal law enforcement officers serving under permanent appointment prior to January 1, 1974.
165.85(4)(a)2.
2. Law enforcement and tribal law enforcement officers who are elected by popular vote.
165.85(4)(an)
(an) Except as provided in
pars. (ap) and
(ar), jail officers are required to meet the requirements of
pars. (b) 2.,
(bn) 2. and
(c) as a condition of tenure or continued employment regardless of the date of their appointment.
165.85(4)(ap)
(ap) Jail officers serving under permanent appointment prior to July 2, 1983, are not required to meet any requirement of
pars. (b) and
(c) as a condition of tenure or continued employment as either a jail officer or a juvenile detention officer. The failure of any such officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Any such officer may voluntarily participate in programs to fulfill those requirements.
165.85(4)(ar)1.1. A jail officer permanently appointed after July 1, 1983, and prior to July 1, 1988, including an officer who after July 1, 1983, and prior to July 1, 1988, completed a program of at least 80 hours of training that met the requirements of s.
165.85 (4) (b) 2., 1985 stats., shall meet the requirements under
par. (b) 2. by June 30, 1993.
165.85(4)(ar)2.
2. A jail officer who has completed at least 80 hours of preparatory training which met the requirements of s.
165.85 (4) (b) 2., 1985 stats., may meet the requirements of
subd. 1. by completing a program of training approved by the board. The program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled or alcohol or drug abusers.
165.85(4)(at)
(at) Any person certified as a jail officer on July 1, 1994, is certified as a juvenile detention officer and remains certified as a juvenile detention officer subject to annual recertification requirements under
par. (bn) 3. and the board's decertification authority under
sub. (3) (cm).
165.85(4)(b)1.1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under
ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.
165.85(4)(b)1d.
1d. Any training program developed under
subd. 1. shall include all of the following:
165.85(4)(b)1d.a.
a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.
165.85(4)(b)1d.b.
b. Training on emergency detention standards and procedures under
s. 51.15, emergency protective placement standards and procedures under
s. 55.135, and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.
165.85(4)(b)1d.c.
c. At least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.
165.85(4)(b)2.
2. No person may be appointed as a jail officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of jail officer training approved by the board and has been certified by the board as being qualified to be a jail officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. Jail officer training programs including municipal, county and state programs meeting standards of the board shall be acceptable as meeting these training requirements.
165.85(4)(b)3.
3. No person may be appointed as a juvenile detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of juvenile detention officer training approved by the board and has been certified by the board as being qualified to be a juvenile detention officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled, or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. Juvenile detention officer training programs including municipal, county, and state programs meeting standards of the board shall be acceptable as meeting these training requirements.
165.85(4)(bn)1.1. No person other than an officer elected by popular vote may continue as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless that person completes annual recertification training. Any officer elected by popular vote who is also a certified officer must complete annual recertification training to maintain certification. Any officer who is subject to this subdivision shall complete at least 24 hours each fiscal year beginning in the fiscal year following the fiscal year in which he or she complies with
par. (b) 1.
165.85(4)(bn)1m.
1m. Each officer who is subject to
subd. 1. shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under
par. (cm) 2. b. Hours of training completed under this subdivision shall count toward the hours of training required under
subd. 1.
165.85(4)(bn)2.
2. No person may continue as a jail officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:
165.85(4)(bn)3.
3. No person may continue as a juvenile detention officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:
165.85(4)(c)
(c) In addition to the requirements of
pars. (b) and
(bn), the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or juvenile detention officers as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail or juvenile detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements.
165.85(4)(cm)2.
2. The board shall promulgate rules that do all of the following:
165.85(4)(cm)2.a.
a. Establish model standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit, to establish police pursuit driving techniques employed by that agency and to inform its officers of its written guidelines provided under
s. 346.03 (6). The board shall review and, if considered appropriate by the board, revise the model standards established under this
subd. 2. a. not later than June 30 of each even-numbered year thereafter. The rules promulgated under this
subd. 2. a. are advisory only, are not required to be included as a law enforcement training standard under this subsection and are inadmissible as evidence, except to show compliance with this
subd. 2. a.
165.85(4)(cm)2.b.
b. Establish the preparatory program and annual recertification training curricula required under
pars. (b) 1. and
(bn) 1m., respectively, relating to police pursuit standards, guidelines and driving techniques.
165.85(4)(d)
(d) Except as provided under
sub. (3m) (a), the board shall issue a certificate evidencing satisfaction of the requirements of
pars. (b),
(bn) and
(c) to any applicant who presents such evidence, as is required by its rules, of satisfactory completion of requirements equivalent in content and quality to those fixed by the board under the board's authority as set out in
pars. (b),
(bn) and
(c).
165.85(4)(dm)
(dm) The board may provide, by rule, that parts of the jail officer preparatory training and the juvenile detention officer preparatory training are identical and count toward either training requirement.
165.85(4)(e)
(e) This section does not preclude any law enforcement or tribal law enforcement agency or sheriff from setting recruit training and employment standards which are higher than the minimum standards set by the board.
165.85(4)(f)
(f) Except as provided under
sub. (3m) (a), and in addition to certification procedures under
pars. (a) to
(d), the board may certify any person as being a tribal law enforcement officer on the basis of the person's completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under
sub. (3) (c) prior to certification as a tribal law enforcement officer.
165.85(4m)
(4m) Training for constables. The board shall establish a separate training program for those constables who are not required to complete training under
sub. (4). Except as provided in
s. 60.22 (4), a constable may voluntarily participate in the program under this subsection. Expenses incurred for this program are subject to reimbursement under
sub. (5).
165.85(5)(a)(a) The board may authorize and approve law enforcement, jail or juvenile detention officer training programs conducted by an agency of a political subdivision or an agency of the state when their programs meet the standards required by the board. No authority granted in this paragraph extends to the board selecting a site for a state police, jail or juvenile detention officer academy and expending funds thereon without further legislation.
165.85(5)(b)
(b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and juvenile detention officer preparatory training shall be for approved tuition, living, and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or juvenile detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under
sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.
165.85(5)(c)
(c) The board may provide grants as a reimbursement for actual expenses incurred by state agencies or political subdivisions for providing training programs to officers from other jurisdictions within the state.
165.85(5)(d)
(d) Any state agency which receives reimbursement for salary and fringe benefit costs under this subsection shall treat the reimbursement as revenue and deposit any such reimbursement in the appropriate program revenue account or segregated fund. If there is no such appropriate account or fund, the reimbursement shall be deposited as general purpose revenue — earned.
165.85(5x)
(5x) Notwithstanding
sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of
1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriation under
s. 20.455 (2) (am), subject to the limitations under
s. 20.455 (2) (am).
165.85(6)
(6) Finances. The board may accept for any of its purposes and functions under this section any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution or person, and may receive and utilize the same. Any arrangements pursuant to this subsection shall be detailed in any report of the board submitted under
s. 15.07 (6), which shall include the identity of the donor, the nature of the transaction, and the conditions, if any.
165.85 History
History: 1973 c. 90,
333;
1975 c. 94 s.
91 (11);
1977 c. 29,
418;
1979 c. 111;
1981 c. 20;
1983 a. 27;
1985 a. 29,
260;
1987 a. 237,
366,
394;
1989 a. 31,
291;
1991 a. 39;
1993 a. 16,
167,
213,
399,
407,
460,
482,
491;
1995 a. 201,
225,
349;
1997 a. 27,
88,
191;
1999 a. 9;
2001 a. 16,
109;
2005 a. 60,
264,
344,
414;
2007 a. 20,
27,
97,
130;
2009 a. 28,
180;
2011 a. 29.
165.85 Note
NOTE: 1993 Wis. Act 407, which creates subs. (2) (e) and (4) (f) and amends subs. (1), (3) and (4), contains extensive explanatory notes.
165.85 Cross-reference
Cross-reference: See also ch.
LES 1, Wis. adm. code.
165.85 Annotation
A rule adopted under this section properly barred a nonpardoned felon from holding a police job. Law Enforcement Standards Board v. Lyndon Station,
101 Wis. 2d 472,
305 N.W.2d 89 (1981).
165.85 Annotation
Sub. (4) (b) governs the terms of employment of a probationary sheriff's deputy so that the discipline procedures under s. 59.21 (8) (b) (now s. 59.28 (8) (b)) do not apply and an applicable collective bargaining agreement controls. Hussey v. Outagamie County,
201 Wis. 2d 14,
548 N.W.2d 848 (Ct. App. 1996),
95-2948.
165.85 Annotation
A police officer promoted to sergeant, subject to a one-year period of probation, could not be demoted without a just cause hearing under s. 62.13 (5) (em). An original appointment is on a probationary basis under sub. (4) (b). Once that period has passed, no promotion can be taken away without a hearing under s. 62.13 (5) (em). Antisdel v. City of Oak Creek Police and Fire Commission,
2000 WI 35,
234 Wis. 2d 154,
609 N.W.2d 464,
97-3818.
165.85 Annotation
Sub. (4) (b) 2. does not preclude temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations, or scheduling conflicts.
78 Atty. Gen. 146.
165.85 Annotation
Chief of police was entitled to hearing meeting due process requirements prior to discharge from office. Jessen v. Village of Lyndon Station,
519 F. Supp. 1183 (1981).
165.85 Annotation
A probationary police officer had no protected property interest in his job. Ratliff v. City of Milwaukee,
608 F. Supp. 1109 (1985).
165.86
165.86
Law enforcement training. The department shall:
165.86(1)(a)(a) Supply the staffing needs of the law enforcement standards board.
165.86(1)(b)
(b) Identify state agencies and political subdivisions that employ law enforcement officers in the state, notify the appropriate officials of the standards of employment and preparatory and recertification training established by the board, and develop appropriate procedures whereby acceptable evidence of compliance with the board's employment and preparatory and recertification training standards may be submitted.
165.86(1)(c)
(c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under
s. 165.85 (4) (cm) 2. a.
165.86(2)(a)(a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and juvenile detention officers in this state.
165.86(2)(b)
(b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in
sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention of persons under
s. 51.15 and emergency protective placement under
s. 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention and emergency protective placement by cooperating with county departments of community programs in the development of these courses under
s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.
165.89
165.89
Grants to certain counties for law enforcement programs. 165.89(1)(1) From the appropriation under
s. 20.455 (2) (kq), the department shall provide grants to counties to fund county law enforcement services. The department may make a grant to a county under this section only if all of the following apply:
165.89(1)(a)
(a) The county borders one or more federally recognized Indian reservations.
165.89(1)(b)
(b) The county has not established a cooperative county-tribal law enforcement program under
s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.
165.89(1)(c)
(c) The county demonstrates a need for the law enforcement services to be funded with the grant.
165.89(1)(d)
(d) The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.
165.89(2)
(2) The department shall review an application and plan submitted under
sub. (1) (d) to determine if the application and plan meet the requirements of
sub. (1) (a) to
(c) and the criteria established under
sub. (3). The department may not award an annual grant in excess of $50,000 to any county under this section.
165.89(3)
(3) The department shall develop criteria and procedures for use in administering this section. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
165.89(4)
(4) Notwithstanding
subs. (1) and
(2) and any criteria and procedures developed under
sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under
s. 20.455 (2) (kq) to fund law enforcement services.
165.89 History
History: 2005 a. 25 ss.
88b,
2086s; Stats. 2005 s. 165.89.
165.90
165.90
County-tribal law enforcement programs. 165.90(1)(1) Any county that has one or more federally recognized Indian reservations within or partially within its boundaries may enter into an agreement in accordance with
s. 59.54 (12) with an Indian tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under
sub. (4) (b) together with the plan.
165.90(2)
(2) The joint program plan shall identify all of the following:
165.90(2)(a)
(a) A description of the proposed cooperative county-tribal law enforcement program for which funding is sought, including information on the population and geographic area or areas to be served by the program.
165.90(2)(b)
(b) The program's need for funding under this section and the amount of funding requested.
165.90(2)(c)
(c) The governmental unit that shall receive and administer aid and the method by which aid shall be disbursed. The joint program plan shall specify that either the tribe or the county shall receive and administer the full amount of the aid or that the tribe and the county each shall receive and administer specified portions of the aid.
165.90(2)(d)
(d) The types of law enforcement services to be performed on the reservation and the persons who shall perform those services.
165.90(2)(e)
(e) The person who shall exercise daily supervision and control over law enforcement officers participating in the program.
