165.85(4)(b)1.1. The board shall establish a preparatory program of jail officer training, which shall include not less than 160 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting jail administration, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. The board may provide that any part of the training program under this subdivision and the training program under
par. (c) 1. are identical and count toward either training requirement under this paragraph or
par. (c). Notwithstanding
s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under
ch. 227.
165.85(4)(b)2.
2. Except as provided in
subd. 7., no person may be employed as a jail officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under
subd. 1. and has been certified by the board as being qualified to be a jail officer.
165.85(4)(b)3.
3. A recruit may exercise jail officer powers only during an original period of temporary or probationary employment that, except as provided in
subd. 5. or as otherwise authorized by law, may not exceed 12 months from the recruit's first date of employment.
165.85(4)(b)4.
4. A person may be certified by the board under
subd. 2. only if the person has successfully completed the preparatory program established under
subd. 1. within the person's original period of temporary or probationary employment established in
subd. 3.
165.85(4)(b)4g.
4g. Preservice students taking part in the preparatory program of jail officer training established by the board under
subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student's fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identity of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation.
165.85(4)(b)4r.
4r. No person who has been convicted of any federal felony or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under
subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime.
165.85(4)(b)5.
5. Upon a showing of good cause by a recruit or a recruit's employer, the board may extend the recruit's original period of temporary or probationary employment for a period of time it deems appropriate.
165.85(4)(b)6.
6. No person may continue as a certified jail officer, unless that person maintains employment with a jail and completes annual recertification training. The officer shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a jail officer by the board.
165.85(4)(b)7.
7. Subdivision 2. does not apply to a jail officer serving under permanent appointment prior to July 2, 1983. 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)(c)1.1. The board shall establish a preparatory program of juvenile detention officer training, which shall include not less than 160 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting juvenile detention administration, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. The board may provide that any part of the training program under this subdivision and the training program under
par. (b) 1. are identical and count toward either training requirement under this paragraph or
par. (b). Notwithstanding
s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under
ch. 227.
165.85(4)(c)2.
2. No person may be employed as a juvenile detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the program established under
subd. 1. and has been certified by the board as being qualified to be a juvenile detention officer.
165.85(4)(c)3.
3. A recruit may exercise juvenile detention officer powers only during an original period of temporary or probationary employment that, except as provided in
subd. 5. or as otherwise authorized by law, may not exceed 12 months from the recruit's first date of employment.
165.85(4)(c)4.
4. A person may be certified by the board under
subd. 2. only if the person has successfully completed the preparatory program established under
subd. 1. within the person's original period of temporary or probationary employment established in
subd. 3.
165.85(4)(c)4g.
4g. Preservice students taking part in the preparatory program of juvenile detention officer training established by the board under
subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student's fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identity of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation.
165.85(4)(c)4r.
4r. No person who has been convicted of any federal felony or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under
subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime.
165.85(4)(c)5.
5. Upon a showing of good cause by a recruit or a recruit's employer, the board may extend the recruit's original period of temporary or probationary employment for a period of time it deems appropriate.
165.85(4)(c)6.
6. No person may continue as a certified juvenile detention officer, except on a temporary or probationary basis, unless that person maintains employment with a juvenile detention facility and completes annual recertification training. The officer shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a juvenile detention officer by the board.
165.85(4)(c)7.
7. Any person employed and 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
subd. 6. and the board's decertification authority under
sub. (3) (cm).
165.85(4)(d)
(d)
Police pursuit. The board shall promulgate rules that do all of the following:
165.85(4)(d)1.
1. 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 subdivision not later than June 30 of each odd-numbered year thereafter. The rules promulgated under this subdivision 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 subdivision.
165.85(4)(d)2.
2. Establish the preparatory program and biennial recertification training curricula required under
par. (a) relating to police pursuit standards, guidelines, and driving techniques.
165.85(4)(e)
(e)
Firearms. The board shall establish criteria for firearm training. Notwithstanding
s. 227.10 (1), the criteria need not be promulgated as rules under
ch. 227 and shall do all of the following:
165.85(4)(e)1.
1. Establish model standards that could be used by any law enforcement agency to show handgun proficiency.
165.85(4)(e)2.
2. Establish the preparatory program and annual recertification training curricula required under
par. (a) relating to an officer's ability to operate and fire a handgun.
165.85(4)(f)
(f)
Local or agency standards. Nothing in this subsection shall preclude any law enforcement or tribal law enforcement agency or sheriff from setting recruit training, employment, and recertification training standards that are higher than the minimum standards set by the board.
165.85(5)
(5) Schools and programs; training reimbursements. 165.85(5)(a)(a) All training programs and training schools for law enforcement, tribal law enforcement, jail, and juvenile detention officers and law enforcement instructors must be authorized and approved by the board as meeting standards established by the board. The board may authorize and approve a training program or training school only if it is operated by an agency of the state or of a political subdivision of the state. The authority granted in this paragraph does not authorize the board to select a site for a state police, jail, or juvenile detention officer academy or to expend funds thereon.
165.85(5)(b)
(b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by recruits 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 board approved tuition, living, and travel expenses. Reimbursement of approved expenses for completion of annual recertification training under
sub. (4) 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) Officer training reimbursement. 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;
2013 a. 173,
214;
2015 a. 55;
2015 a. 195 s.
83.
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. 59.29 (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) (d).
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.
165.90(2)(f)
(f) The method by which county and tribal input into program planning and implementation shall be assured.
165.90(2)(g)
(g) The program's policies regarding deputization, training and insurance of law enforcement officers.
165.90(2)(h)
(h) The record-keeping procedures and types of data to be collected by the program.
165.90(2)(i)
(i) Any other information required by the department or deemed relevant by the county and tribe submitting the plan.
165.90(3)
(3) Upon request, the department shall provide technical assistance to a county and tribe in formulating a joint program plan.
165.90(3m)
(3m) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department shall consider the following factors:
165.90(3m)(a)
(a) The population of the reservation area to be served by the program.
165.90(3m)(b)
(b) The complexity of the law enforcement problems that the program proposes to address.
165.90(3m)(c)
(c) The range of services that the program proposes to provide.
165.90(4)
(4) If the department approves a plan, the department shall certify the program as eligible to receive aid under
s. 20.455 (2) (kt). Prior to January 15 of the year for which funding is sought, the department shall distribute from the appropriations under
s. 20.455 (2) (kt) to each eligible program the amount necessary to implement the plan. The department shall distribute the aid to the county, the tribe, or both, as specified in the joint program plan. Distribution of aid is subject to the following limitations:
165.90(4)(b)
(b) A program shall, prior to the receipt of funds under
s. 20.455 (2) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.
165.90(5)
(5) Annually, on or before January 15, the department shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section to each of the following:
165.90(5)(a)
(a) The chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
165.91
165.91
Grants to tribes for law enforcement programs. 165.91(1)(1) In this section, “tribe" means a federally recognized American Indian tribe or band in this state.
