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.
165.76(1)(ar)
(ar) Is or was in prison on or after January 1, 2000, for a felony committed in this state.
165.76(1)(as)
(as) Is or was found guilty of any misdemeanor on or after April 1, 2015.
165.76(1)(av)
(av) Is or was found guilty on or after January 1, 2000, of any of the following:
165.76(1)(d)
(d) Has been found to be a sexually violent person under
ch. 980 on or after June 2, 1994.
165.76(1)(e)
(e) Is or was released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state under
s. 304.13 (1m),
304.135, or
304.16 on or after July 9, 1996, for a violation of the law of the other state that the department of corrections determines, under
s. 304.137 (1), is comparable to a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.085.
165.76(1)(f)
(f) Is or was released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state under
s. 304.13 (1m),
304.135, or
304.16 for a violation of the law of the other state that the department of corrections determines, under
s. 304.137 (2), would constitute a felony if committed by an adult in this state.
165.76 Note
NOTE: Par. (g) is shown as affected by
2013 Wis. Acts 20 and
166 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
165.76(1)(gm)
(gm) Is arrested for a violent crime, as defined in
s. 165.84 (7) (ab), or is taken into custody for a juvenile offense that would be a violent crime, as defined in
s. 165.84 (7) (ab), if committed by an adult in this state.
165.76(1)(h)
(h) Is notified by the department of justice, the department of corrections, a district attorney, or a county sheriff under
sub. (1m) that the person is required to provide a biological specimen.
165.76(1m)
(1m) If a person is required to provide a biological specimen under
sub. (1) (a) to
(gm) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under
s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or
s. 51.20 (13) (cr),
165.84 (7),
938.21 (1m),
938.30 (2m),
938.34 (15),
970.02 (8),
971.17 (1m) (a),
973.047, or
980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.
165.76(2r)
(2r) Failure by a person who is required to provide a biological specimen under
sub. (1) to provide the biological specimen in accordance with the rules promulgated under
sub. (4) does not relieve the person of the obligation to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
