165.65(2)(a)(a) Except as provided under
sub. (3), no person may receive household pharmaceutical items pursuant to a drug disposal program unless the department of justice grants written authorization for that program under
par. (b) or the program is authorized under federal law.
165.65(2)(b)
(b) The department of justice may, without a hearing, grant written authorization to a person to operate a drug disposal program if all of the following conditions are satisfied:
165.65(2)(b)1.
1. The person adopts written policies and procedures that comply with
sub. (5). The department of justice shall review and either approve or disapprove in writing those policies and procedures. The department of justice shall approve the policies and procedures if the department of justice determines that the policies and procedures do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. If the department of justice disapproves the policies and procedures, the department of justice shall state the reasons for that disapproval in writing to the person. At any time, the person may resubmit revised policies and procedures to the department of justice for its review and approval under this subdivision.
165.65(2)(b)2.
2. If the drug disposal program will receive household pharmaceutical items in any manner other than the transfer of a household pharmaceutical item in person to the program by a person that lawfully possesses the household pharmaceutical item, the person demonstrates to the satisfaction of the department of justice that those transfers will comply with any federal or state law applicable to the transportation and delivery of household pharmaceutical items.
165.65(2)(c)
(c) A person may not revise policies and procedures approved by the department of justice under
par. (b) 1. unless the department of justice approves the revisions under
par. (b) 1.
165.65(2)(d)
(d) Any determination or action by the department of justice under
par. (b) or
(c) is not subject to judicial review.
165.65(3)
(3) Authorization by a political subdivision to operate a drug disposal program. A political subdivision may operate or the governing body of a political subdivision may grant written authorization for a person to operate a drug disposal program only if all of the following apply:
165.65(3)(a)
(a) The political subdivision or the authorized person operates the drug disposal program only within the boundaries of the political subdivision, except as provided under
sub. (4).
165.65(3)(c)
(c) The drug disposal program receives household pharmaceutical items only by means of delivery in person by a person that lawfully possesses the household pharmaceutical item, unless the drug disposal program is authorized under federal law to receive household pharmaceutical items by other means.
165.65(4)
(4) Multijurisdictional drug disposal program. A drug disposal program may operate within more than one political subdivision if the department of justice authorizes that program under
sub. (2), all political subdivisions within which the drug disposal program operates authorize that program under
sub. (3), or the program is authorized under federal law.
165.65(5)
(5) Operation of a drug disposal program. 165.65(5)(a)(a) A person that operates a drug disposal program, except a drug disposal program that is authorized under federal law, shall establish and promptly update as appropriate written policies and procedures that do all of the following:
165.65(5)(a)1.
1. Describe in detail the manner in which the program operates, including an identification of the kinds of household pharmaceutical items that may be received under the program, whether the program may receive controlled substances and controlled substance analogs, whether household pharmaceutical items will be transferred by mail under the program, and the locations at which household pharmaceutical items may be transferred in person under the program.
165.65(5)(a)2.
2. List the name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program.
165.65(5)(a)3.
3. Ensure compliance with
chs. 450 and
961; with any applicable provision under
chs. 287,
289, and
291 and
s. 299.51 relating to medical waste, solid waste, or hazardous waste; and with any other applicable federal or state law.
165.65(5)(b)1.1. The policies and procedures for a drug disposal program authorized under
sub. (2) and any changes to those policies and procedures are subject to review and approval under
sub. (2) (b) 1.
165.65(5)(b)2.
2. Legal counsel for the political subdivision, or, at the discretion of the political subdivision, the department of justice if the political subdivision's legal counsel is not an employee of the political subdivision, shall review and either approve or disapprove the policies and procedures for a drug disposal program implemented or authorized under
sub. (3) and any changes to those policies and procedures. Legal counsel, or the department of justice if appropriate, shall approve the policies and procedures or changes if it determines that the policies and procedures or changes do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. Any approval under this subdivision shall be in writing. The political subdivision shall provide a copy of the approval and a copy of the policies and procedures or changes to the policies and procedures to the department of justice.
165.65(5)(c)
(c) The operation of a drug disposal program, including a drug disposal program that is authorized under federal law, shall immediately cease if a law enforcement officer, as defined in
s. 165.85 (2) (c), a federal law enforcement officer, as defined in
s. 175.40 (7) (a) 1., the department of justice, or another federal or state agency notifies a designated contact person for the program that the program is in violation of any federal or state law enforceable by the officer, department of justice, or other agency. That notification is not subject to judicial review. The program may resume operation only upon the program's receipt of written notice from the officer, department of justice, or other agency that the program is no longer in violation of the federal or state law.
165.65(5)(d)
(d) Each person that operates a drug disposal program in this state shall, within 30 days after the drug disposal program begins operation, notify and provide all of the following information to the department of natural resources:
165.65(5)(d)1.
1. The location and hours of operation of the drug disposal program.
165.65(5)(d)2.
2. The name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program.
165.65(5)(d)3.
3. A description of the household pharmaceutical items the drug disposal program may receive.
165.65(6)
(6) Transfer and receipt of household pharmaceutical items. 165.65(6)(a)(a) Notwithstanding
ss. 450.03 (1) and
450.11 (7) (g) and
(h) and
(9) (b), a person that lawfully possesses a household pharmaceutical item may transfer, and it is not a crime for such a person to transfer, the household pharmaceutical item to a drug disposal program if the program is authorized under
sub. (2) or
(3) or is authorized under federal law.
165.65(6)(b)
(b) Notwithstanding
s. 450.11 (7) (g) and
(h) and
(9) (b), a person may receive, and it is not a crime for a person to possess, a household pharmaceutical item pursuant to a drug disposal program if the receipt or possession is within the scope of the program and the program is authorized under
sub. (2) or
(3) or is authorized under federal law or, if the receipt or possession is not within the scope of the program, the receipt or possession is inadvertent and the program promptly notifies an appropriate law enforcement officer of the receipt or possession and complies with any instructions the law enforcement officer provides.
165.65 History
History: 2013 a. 198.
165.70
165.70
Investigation of statewide crime. 165.70(1)
(1) The department of justice shall do all of the following:
165.70(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.70(1)(b)
(b) Except as provided in
sub. (1m), enforce
chs. 945 and
961 and
ss. 940.20 (3),
940.201,
941.25 to
941.27,
943.01 (2) (c),
943.011,
943.27,
943.28,
943.30,
944.30 (1m),
944.31,
944.32,
944.33,
944.34,
946.65,
947.02 (3) and
(4),
948.075, and
948.08.
165.70(1)(e)
(e) Investigate violations of
ch. 563 that are statewide in nature, importance or influence.
165.70(2)
(2) The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in
sub. (1) who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area.
165.70(3)
(3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling other than what is described in
s. 945.03 (2m) or
945.04 (2m), prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in
sub. (1).
165.70(4)
(4) District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.
165.72
165.72
Controlled substances hotline and rewards for controlled substances tips. 165.72(2)
(2) Hotline. The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for all of the following:
165.72(2)(a)
(a) For persons to anonymously provide tips regarding suspected controlled substances violations.
165.72(2)(b)
(b) For pharmacists to report suspected controlled substances violations.
165.72(3)
(3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under
s. 20.455 (2) (m) for information under
sub. (2) (a) leading to the arrest and conviction of a person for a violation of
ch. 961.
165.72(4)
(4) Payment limitations. A reward under
sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, juvenile detention officer, pharmacist, or department employee.
165.72(5)
(5) Department authority. If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under
ch. 227. The offer of a reward under
sub. (3) does not create any liability on the department or the state.
165.72(6)
(6) Records. The department may withhold any record under this section from inspection or copying under
s. 19.35.
165.72(7)
(7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under
sub. (2).
165.75
165.75
Crime laboratories. 165.75(1)(a)
(a) "Department" means the department of justice.
165.75(1)(b)
(b) "Employee" means any person in the service of the laboratories. "Employee" does not include any division administrator.
165.75(1)(c)
(c) "Laboratories" means the crime laboratories.
165.75(2)
(2) The personnel of the laboratories shall consist of such employees as are authorized under
s. 20.922.
165.75(3)(a)(a) The purpose of the laboratories is to establish, maintain and operate crime laboratories to provide technical assistance to local law enforcement officers in the various fields of scientific investigation in the aid of law enforcement. Without limitation because of enumeration the laboratories shall maintain services and employ the necessary specialists, technical and scientific employees for the recognition and proper preservation, marking and scientific analysis of evidence material in the investigation and prosecution of crimes in such fields as firearms identification, the comparison and identification of toolmarks, chemistry, identification of questioned documents, metallurgy, comparative microscopy, instrumental detection of deception, the identification of fingerprints, toxicology, serology and forensic photography.
165.75(3)(b)
(b) The employees are not peace officers and have no power of arrest or to serve or execute criminal process. They shall not be appointed as deputy sheriffs and shall not be given police powers by appointment or election to any office. Employees shall not undertake investigation of criminal conduct except upon the request of a sheriff, coroner, medical examiner, district attorney, chief of police, warden or superintendent of any state prison, attorney general or governor. The head of any state agency may request investigations but in those cases the services shall be limited to the field of health, welfare and law enforcement responsibility which has by statute been vested in the particular state agency.
165.75(3)(c)
(c) Upon request under
par. (b), the laboratories shall collaborate fully in the complete investigation of criminal conduct within their competence in the forensic sciences including field investigation at the scene of the crime and for this purpose may equip a mobile unit or units.
165.75(3)(d)
(d) The services of the laboratories available to such officer shall include appearances in court as expert witnesses.
165.75(3)(e)
(e) The department may decline to provide laboratory service in any case not involving a potential charge of felony.
165.75(3)(f)
(f) The services of the laboratories may be provided in civil cases in which the state or any department, bureau, agency or officer of the state is a party in an official capacity, when requested to do so by the attorney general.
165.75(3)(g)
(g) Deoxyribonucleic acid testing ordered under
s. 974.07 shall have priority, consistent with the right of a defendant or the state to a speedy trial and consistent with the right of a victim to the prompt disposition of a case.
165.75(4)
(4) The operation of the laboratories shall conform to the rules and policies established by the attorney general.
165.75(5)
(5) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department for moneys expended by the laboratories shall be deposited as general purpose revenue — earned.
165.75 Annotation
An evaluation of drug testing procedures. Stein, Laessig, Indriksons, 1973 WLR 727.
165.755
165.755
Crime laboratories and drug law enforcement surcharge. 165.755(1)(a)(a) Except as provided in
par. (b), a court shall impose under
ch. 814 a crime laboratories and drug law enforcement surcharge of $13 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.
165.755(1)(b)
(b) A court may not impose the crime laboratories and drug law enforcement surcharge under
par. (a) for a violation of
s. 101.123 (2) or
(2m), for a financial responsibility violation under
s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under
s. 343.51 (1m) (b), or a safety belt use violation under
s. 347.48 (2m).
165.755(2)
(2) If the court under
sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement surcharge shall be imposed under
ch. 814 for each separate offense.
165.755(3)
(3) Except as provided in
sub. (4), after the court determines the amount due under
sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under
s. 59.25 (3) (f) 2.
165.755(4)
(4) If a municipal court imposes a forfeiture, after determining the amount due under
sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in
s. 66.0114 (1) (bm).
165.755(5)
(5) If any deposit of bail is made for a noncriminal offense to which
sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under
sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the surcharge under
sub. (1) (a) shall be transmitted monthly to the secretary of administration under this section. If bail is returned, the surcharge shall also be returned.
165.755(6)
(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement surcharge under
sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
165.755(7)
(7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in
s. 20.455 (2) (kd) and
(Lm).
165.755 History
History: 1997 a. 27;
1999 a. 9,
72;
1999 a. 150 s.
672;
2001 a. 16;
2003 a. 30,
33,
139,
268,
326,
327;
2005 a. 25,
455;
2009 a. 12,
28,
100,
276;
2011 a. 260.
165.76
165.76
Submission of human biological specimen. 165.76(1)(1) A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria:
165.76(1)(a)
(a) Is or was in a juvenile correctional facility, as defined in
s. 938.02 (10p), or a secured residential care center for children and youth, as defined in
s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.085.
