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 or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.
165.95(8)
(8) The department of justice shall assist a county or tribe 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 or tribe that is applying for a grant under this section whether the county or tribe meets the requirements established under sub.
(3), regardless of whether the county or tribe 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;
2017 a. 59,
351;
2019 a. 9; s. 35.17 correction in (5) (a).
165.95 Annotation
This section does not create a fundamental liberty interest. It is a funding statute and, as such, does not need to provide expulsion procedures to survive a procedural due process challenge. State v. Keister,
2019 WI 26,
385 Wis. 2d 739,
924 N.W.2d 203,
17-1618.
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. 165.967(1)(1)
From the appropriation under s.
20.455 (5) (es), the department of justice shall in each fiscal year provide $250,000 to the Wisconsin Court Appointed Special Advocate Association.
165.967 Note
NOTE: Sub. (1) is shown as renumbered from s. 165.967 and amended by
2017 Wis. Act 255. Prior to the enactment of
2017 Act 255,
2015 Wis. Act 55, sections
3513gb and
9426 (1q), as affected by
2017 Wis. Act 59, sections
2265p and
9428 (1r) (b), provided for the repeal of s. 165.967 effective July 1, 2019.
2017 Wis. Act 255 renumbered s. 165.967 to s. 165.967 (1) and amended it, created s. 165.967 (2), and repealed the delayed effective date for the repeal of s. 165.967, but Act 255 did not repeal
2015 Wis. Act 55, section
3513gb, the repeal of s. 165.967. Corrective legislation is pending.
165.967(2)
(2) Annually, the Wisconsin Court Appointed Special Advocate Association shall submit to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s.
13.172 (3) a report describing the use of the funds received under sub.
(1).
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.
165.984
165.984
Law enforcement drug trafficking response grants. 165.984(1)(b)
(b) “Wisconsin law enforcement agency" means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority, and includes a task force administered by the department of justice that exists to respond to drug crimes.
165.984(2)
(2) The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under s.
20.455 (2) (cm) to Wisconsin law enforcement agencies and tribal law enforcement agencies to fund law enforcement response to drug trafficking. Notwithstanding s.
227.10 (1), the department need not promulgate the required policies and procedures as rules under ch.
227.
165.984(3)
(3) A Wisconsin law enforcement agency or tribal law enforcement agency may apply to the department of justice for a grant under this section and shall include a proposed plan of expenditure of the grant money. The proposed plan of expenditure shall specify a new program or purpose for which the funds will be used. If the proposed plan of expenditure will result in the agency incurring an ongoing expense that will continue after all grant funds have been spent, the plan shall include a description of how that expense will be met when there are no remaining grant funds.
165.984(4)
(4) The department of justice shall review each application and plan and may provide grants to an eligible Wisconsin law enforcement agency or tribal law enforcement agency of not more than $50,000 per application and plan and not more than $100,000 per agency. A grant may be provided only to fund a new program or purpose within the agency and may not be provided to supplement an existing program.
