165.87(3)(b)
(b) Data from a body camera used on a law enforcement officer are subject to the right of inspection and copying under s.
19.35 (1), except as provided in par.
(c).
165.87(3)(c)1.1. It shall be the public policy of this state to maintain the privacy of a record subject who is a victim of a sensitive or violent crime or who is a minor and that access to data from a body camera used on a law enforcement officer that record such a record subject shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject's face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision regarding the privacy of a record subject who is a victim of a sensitive or violent crime does not apply if the record subject, or his or her next of kin if the record subject is deceased, does not object to granting access to the data. The presumption under this subdivision regarding the privacy of a record subject who is a minor does not apply if the parent or legal guardian of the record subject does not object to granting access to the data.
165.87(3)(c)2.
2. It shall be the public policy of this state to maintain the privacy of a record subject who is in a location where the record subject has a reasonable expectation of privacy and that access to data from a body camera used on a law enforcement officer that record a record subject in such a location shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject's face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision does not apply if the record subject does not object to granting access to the data.
165.87(3)(c)3.
3. If a requester believes that an authority has improperly made a decision to redact or deny access to data under subd.
1. or
2., the requester may pursue the remedies under s.
19.37 (1).
165.87(3)(d)
(d) For purposes of requests under s.
19.35 (1) for access to data from a body camera used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s.
19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data.
165.87 History
History: 2019 a. 108; s. 35.17 correction in (1) (e), (2) (b) 4.
165.88
165.88
Grants for school safety. 165.88(2)(a)
(a) From the appropriation under s.
20.455 (2) (f), the department of justice shall award grants for expenditures related to improving school safety. The department shall accept applications for a grant under this subsection from school boards, operators of independent charter schools, governing bodies of private schools, and tribal schools.
165.88(2)(b)
(b) The department of justice, in consultation with the department of public instruction, shall develop a plan for use in awarding grants under this subsection. The department of justice shall include in the plan a description of what types of expenditures are eligible to be funded by grant proceeds. Eligible expenditures shall include expenditures to comply with the model practices created in s.
165.28 (1); expenditures for training under s.
165.28 (3); expenditures for safety-related upgrades to school buildings, equipment, and facilities; and expenditures necessary to comply with s.
118.07 (4) (cf). Notwithstanding s.
227.10 (1), the plan need not be promulgated as rules under ch.
227.
165.88(3)
(3) Application requirements. An application submitted for a grant under sub.
(2) shall include all of the following:
165.88(3)(b)
(b) Blueprints of each school building and facility or, if blueprints were already submitted, a certification that the blueprints submitted are current.
165.88(3)(c)
(c) A proposed plan of expenditure of the grant moneys.
165.88(4)
(4) Report. The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under sub.
(2) and the expenditures made with the grant moneys.
165.88 History
History: 2017 a. 143.
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.
165.91(2)(a)(a) From the appropriation under s.
20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par.
(b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.
165.91(2)(b)
(b) The department shall develop criteria and procedures for use in administering this subsection. The department may not consider the grant under s.
165.91 (4), 2011 stats., when determining grant awards under this subsection. Notwithstanding s.
227.10 (1), the criteria and procedures need not be promulgated as rules under ch.
227.
165.91 History
History: 2005 a. 25 ss.
87t to
87v,
2088m; Stats. 2005 s. 165.91;
2007 a. 20;
2013 a. 20,
173.
165.92
165.92
Tribal law enforcement officers; powers and duties. 165.92(1)(a)
(a) “Reservation lands" means all lands within the exterior boundaries of an Indian reservation in this state.
165.92(1)(b)
(b) “Tribal law enforcement officer" means a person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe's laws or ordinances and who is authorized by the tribe to make arrests of Indian persons for violations of the tribe's laws or ordinances.
165.92(1)(c)
(c) “Tribe" means a federally recognized Indian tribe or band in this state.
165.92(1)(d)
(d) “Trust lands" means any lands in this state held in trust by the United States government for the benefit of a tribe or a member of a tribe.
165.92(2)(a)
(a) A tribal law enforcement officer who meets the requirements of s.
165.85 (4) (a) 1.,
2., and
7. shall have the same powers to enforce the laws of the state and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under ss.
59.27 and
59.28 and under the common law, and shall perform the duties accepted under s.
165.85 (3) (c).
165.92(2)(b)
(b) Except as provided in par.
(c) and s.
175.40, the powers and duties described under par.
(a) may be exercised or performed by a tribal law enforcement officer only on the reservation of the tribe or on trust lands held for the tribe or for a member of the tribe that employs the officer.
165.92(2)(c)
(c) Any tribal law enforcement officer making an arrest under the authority of this subsection may transport the arrested person to the jail or other detention facility of the county in which the arrest took place or to another jail or detention facility agreed upon by the tribe and the county in which the arrest took place.
165.92(3)
(3) Liability. Except as provided in s.
175.40 (6m) (c) 1. and unless otherwise provided in a joint program plan under s.
165.90 (2) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts and omissions of the officer while acting within the scope of his or her employment, and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub.
(2).
165.92(3m)
(3m) Requirements. No tribal law enforcement officer may exercise or perform the powers or duties described under sub.
(2) (a) unless all of the following apply:
165.92(3m)(a)1.
1. The governing body of the tribe that employs the officer adopts and has in effect a resolution that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under sub.
(3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe's liability under sub.
(3).
165.92(3m)(a)2.
2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following:
165.92(3m)(a)2.b.
b. Has a limit of coverage not less than $2,000,000 for any occurrence.
165.92(3m)(a)2.c.
c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
165.92(3m)(b)
(b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under par.
(a) 1. or proof of insurance under par.
(a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.
165.92(4)
(4) Deputization by sheriff. Nothing in this section limits the authority of a county sheriff to depute a tribal law enforcement officer under s.
59.26 (5), including the authority to grant law enforcement and arrest powers outside the territory described in sub.
(2) (b). Deputization of a tribal law enforcement officer by a sheriff shall not limit the powers and duties granted to the officer by sub.
(2).
165.92 Note
NOTE: 1993 Wis. Act 407, which creates this section, contains extensive explanatory notes.
165.93
165.93
Sexual assault victim services; grants.