165.95(5m)(e)
(e) 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.
165.95(5p)(a)(a) The department of justice shall, annually, analyze the data submitted under
sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall make the report available to the public.
165.95(5p)(b)
(b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under
sub. (5) (bg) and the annual reports it produces under
par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
165.95(6)
(6) Two or more counties may jointly apply for and receive a grant under this section. 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
sub. (5) (a) shall consist of representatives from each county.
165.95(7)
(7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county under this section, the department of justice 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.
165.95(7m)
(7m) Beginning in fiscal year 2012-13, the department of justice shall, every 5 years, make grants under this section available to any county on a competitive basis. A county may apply for a grant under this subsection regardless of whether the county has received a grant previously under this section.
165.95(8)
(8) The department of justice shall assist a county receiving a grant under this section in obtaining funding from other sources for its program.
165.95(9)
(9) The department of justice shall inform any county that is applying for a grant under this section whether the county meets the requirements established under
sub. (3), regardless of whether the county receives a grant.
165.95(10)
(10) The department of justice shall evaluate every 2 years, the grant program established under this section.
165.95 History
History: 2013 a. 20 ss.
177,
1944;
2013 a. 197; Stats. 2013 s. 165.95;
2015 a. 388.
165.955
165.955
Drug court; grant program. 165.955(1)
(1) In this section, “drug court" means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.
165.955(2)
(2) From the appropriation under
s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.
165.955 History
History: 2013 a. 20.
165.957
165.957
Frequent testing for use of alcohol or a controlled substance; pilot program. 165.957(1)(b)
(b) “Testing" means a procedure for determining the presence and level of alcohol or a controlled substance in an individual's blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring.
165.957(2)
(2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it.
165.957(3)
(3) The department of justice may, by rule, establish the following:
165.957(3)(a)
(a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in
sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under
s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under
s. 343.301 (1g) (a) 2. b.
165.957(3)(b)
(b) A standard for setting fees that counties may collect under
sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in
sub. (5) (a).
165.957(3)(c)
(c) A timeline and procedure for counties to submit to the department of justice the information required under
sub. (6).
165.957(4)
(4) Each frequent sobriety testing program shall meet all of the following criteria:
165.957(4)(a)
(a) The program limits participation to persons whose number of convictions under
ss. 940.09 (1) and
940.25, plus the total number of suspensions, revocations, and other convictions counted under
s. 343.307 (1) equals 2 or more, and to whom one of the following applies:
165.957(4)(a)1.
1. The person is ordered by a judge or by the department of corrections as a condition of bond, release under
s. 969.01 (1), probation or deferred prosecution, release to parole, or release to extended supervision, to totally abstain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of bond, release under
s. 969.01 (1), probation, release to parole, or release to extended supervision.
165.957(4)(a)2.
2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under
s. 969.01 (1), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to
s. 969.01 (1), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under
s. 343.301 (1g) (a) 2. b. and who is subject to an order under
s. 343.301 (1g) (am) 2.
165.957(4)(b)1.1. Except as provided in
subd. 2. or
2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.
165.957(4)(b)2.
2. If the standard for frequent testing described in
subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under
sub. (3) (a). This subdivision does not apply to any person who meets the criteria under
s. 343.301 (1g) (a) 2. b. and who is subject to an order under
s. 343.301 (1g) (am) 2.
165.957(4)(c)
(c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her bond, release under
s. 969.01 (1), probation or deferred prosecution, or of his or her release to parole or extended supervision.
165.957(4)(d)
(d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant's ability to pay. Each county may establish fees that are consistent with any standard established under
sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in
sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program.
165.957(5)(a)(a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under
sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under
sub. (7).
165.957(5)(b)
(b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under
s. 20.455 (2) (gu).
165.957(6)
(6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under
sub. (2) shall, annually, provide the following information to the department of justice:
165.957(6)(d)
(d) Other information requested by the department of justice.
165.957(7)(a)(a) Not later than June 30, 2016, the department of justice shall provide to the legislature under
s. 13.172 (2) a list of counties it designated under
sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report.
165.957(7)(b)
(b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to
sub. (6) and shall submit a report to the legislature under
s. 13.172 (2). The report shall include all of the following information relating to the prior year's frequent sobriety testing programs:
165.957(7)(b)1.
1. A list of counties designated under
sub. (2) that established a frequent sobriety testing program.
165.957(7)(b)2.
2. The number of participants in each county's frequent sobriety testing program.
165.957(7)(b)3.
3. A description of each county's frequent sobriety testing program.
165.957(7)(b)4.
4. The recidivism rates for participants in each county's frequent sobriety testing program.
165.957(7)(c)
(c) By January 15, 2021, the department of justice shall submit a final report to the legislature under
s. 13.172 (2) that includes all of the information required under
par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified.
165.957(8)
(8) The department of justice may use the emergency rules procedure under
s. 227.24 to promulgate rules specified in
sub. (3). Notwithstanding
s. 227.24 (1) (a) and
(3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section.
165.957(9)
(9) This section does not apply after June 30, 2021.
165.957 History
History: 2015 a. 55,
389.
165.96
165.96
Child advocacy grants. Beginning in fiscal year 2011-2012, from the appropriation under
s. 20.455 (5) (ke), the department of justice shall in each fiscal year provide $17,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:
165.96(2)
(2) Child Protection Center in Milwaukee County.
165.96(4)
(4) Kenosha Child Advocacy Center in Kenosha County.
165.96(5)
(5) Fox Valley Child Advocacy Center in Winnebago County.
165.96(6)
(6) Stepping Stones in La Crosse County.
165.96(7)
(7) CARE Center in Waukesha County.
165.96(8)
(8) Child Advocacy Center of Northeastern Wisconsin in Marathon County.
165.96(9)
(9) Chippewa County Child Advocacy Center in Chippewa County.
165.96(10)
(10) A child advocacy center in Brown County.
165.96(11)
(11) A child advocacy center in Racine County.
165.96(12)
(12) A child advocacy center in Walworth County.
165.96(14)
(14) Marshfield Child Advocacy Center in Wood County.
165.96 History
History: 2013 a. 20 s.
179; Stats. 2013 s. 165.96.
165.967
165.967
Court appointed special advocates; grants. From the appropriation under
s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $80,000 to the Wisconsin Court Appointed Special Advocate Association.
Effective date note
NOTE: This section is repealed eff. 7-1-17 by
2015 Wis. Act 55.
165.967 History
History: 2015 a. 55.
165.982
165.982
Weed and seed project grants. 165.982(1)
(1) The department of justice may award grants from the appropriation under
s. 20.455 (2) (dg) to any eligible city whose plan for the expenditure of funds is approved. The grant shall be used to carry out a comprehensive, multi-agency “weed and seed" project to restore safety and vitality to a targeted neighborhood that suffers from high levels of violent and drug-related crime. The grant moneys that a city receives under this section may not supplant existing local resources. A plan submitted for approval shall specify a strategy to achieve the goals of the grant and must include a concerted law enforcement effort to curb drug trafficking and related crime, a decentralized law enforcement and crime prevention effort in a targeted neighborhood, and a coordinated, community-based effort to strengthen the neighborhood's social base and revitalize the neighborhood. The department of justice, with the concurrence of the department of health services, shall develop criteria which, notwithstanding
s. 227.10 (1), need not be promulgated as rules under
ch. 227, for use in awarding grants under this section. The department of justice and department of health services shall jointly review any proposed plan and approve those plans that meet the criteria.
165.982(2)
(2) To be eligible for the grant, a plan shall include all of the following:
165.982(2)(a)
(a) Oversight of the project by the mayor's office or by a steering committee appointed by the mayor.
165.982(2)(b)
(b) Written support by the chief of police and the superintendent of the school district.
165.982(2)(c)
(c) A law enforcement coordinating committee and a neighborhood revitalization coordinating committee to plan and implement project activities.
165.982(3)
(3) The proposed site for the use of a grant shall be an identifiable neighborhood with high violent crime and drug arrest rates. The neighborhood shall have experience in neighborhood planning and organizing or, in lieu thereof, evidence shall be provided that such planning and organizing efforts would be supported by, and would be effective in, the neighborhood.
165.982(4)
(4) Grant recipients shall provide a 25 percent match in funds or in-kind services. Grants shall be awarded for 3-year periods.
165.982(5)
(5) The department of justice and the department of health services shall provide training and technical assistance to grant recipients. Both departments shall work with the steering committees and coordinating committees of the projects and participate in planning and implementing project initiatives as appropriate.
165.982(6)
(6) A city shall submit a proposed plan for a grant under this section so that the plan is received by the department of justice on or before July 15, 1994.
165.983
165.983
Law enforcement technology grants. The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under
s. 20.455 (2) (dg) to law enforcement agencies in cities with high levels of violent and drug-related crime to acquire law enforcement technology. Notwithstanding
s. 227.10 (1), the department need not promulgate the required policies and procedures as rules under
ch. 227. A law enforcement agency receiving a grant under this section shall provide matching funds equal to 50 percent of the grant awarded. The grant shall be used to acquire technology that is innovative to the applicant law enforcement agency and consistent with the technology, resources and operational procedures of the applicant law enforcement agency. A grant may not be used for the expansion or replacement of existing equipment or facilities. A law enforcement agency may apply to the department for a grant under this section and shall include a proposed plan of expenditure of the grant moneys. The department shall review each application and plan and may provide a grant to an eligible law enforcement agency.
165.983 History
History: 1993 a. 193.
165.986
165.986
Beat patrol officers; grant program. 165.986(1)
(1) The department of justice shall provide grants from the appropriation under
s. 20.455 (2) (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this section in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.
165.986(2)
(2) A city applying to the department of justice for a grant under this section shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this section may be used for salary and fringe benefits only. Except as provided in
sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.
165.986(3)
(3) During the first 6 months of the first year of a grant, a city may, with the approval of the department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the department with all of the following:
