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)(em)1.1. When a law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility recruits for new officers, the interviewing agency shall require each candidate that it interviews for a law enforcement, tribal law enforcement, jail, or juvenile detention position, who is or has been employed by another law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency to execute a written waiver that explicitly authorizes each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or other government agency to disclose the candidate's employment files to the interviewing agency, and releases the interviewing agency and each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employs or has employed the candidate from any liability related to the use and disclosure of the candidate's employment files.
165.85(4)(em)2.
2. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may disclose a candidate's employment files by either providing copies to the interviewing agency or allowing the interviewing agency to review the files at the offices of the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate.
165.85(4)(em)3.
3. A candidate who refuses to execute the waiver may not be considered for employment by the interviewing agency or considered for certification by the board.
165.85(4)(em)4.
4. The interviewing agency shall, at least 30 days prior to making its hiring decision, submit the waiver to each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that has employed the candidate. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that receives a waiver shall make the requested employment files available to the interviewing agency not more than 21 days after receiving the waiver.
165.85(4)(em)5.
5. The interviewing agency may also conduct an official oral interview of individuals from the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate.
165.85(4)(em)6.
6. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not required to provide the candidate's employment files if the agency or facility is prohibited from providing the employment files pursuant to a binding nondisclosure agreement to which the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is a party if the agreement was executed before November 7, 2021.
165.85(4)(em)7.
7. No law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may enter into a nondisclosure agreement preventing an interviewing law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility from viewing employment files after November 7, 2021.
165.85(4)(em)8.
8. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not liable for complying with the provisions of this paragraph or participating in an official oral interview with an investigator from the interviewing agency regarding the candidate.
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;
2021 a. 82;
2021 a. 240 ss.
16,
29,
30.
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
By its plain terms, sub. (4) (a) 3. does not limit the length of a probationary employment period established by a municipal contract for new law enforcement officers. The provision refers to the period during which the recruit may exercise law enforcement powers without completing the preparatory training program and becoming certified by the Law Enforcement Standards Board. It does not place any explicit limitation upon the length of a probationary period that a municipality may require pursuant to a contract with the officer or the officer's bargaining representative. State ex rel. Massman v. City of Prescott,
2020 WI App 3,
390 Wis. 2d 378,
938 N.W.2d 602,
18-1621.
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.
165.87
165.87
Body cameras and law enforcement. 165.87(1)(1)
If a law enforcement agency uses a body camera on a law enforcement officer, the law enforcement agency shall do all of the following:
165.87(1)(a)
(a) Administer a written policy regarding all of the following:
165.87(1)(a)1.
1. The use, maintenance, and storage of body cameras and data recorded by the body cameras.
165.87(1)(a)2.
2. Any limitations the law enforcement agency imposes on which law enforcement officers may wear a body camera.
165.87(1)(a)3.
3. Any limitations the law enforcement agency imposes on situations, persons, or encounters that may be recorded by a body camera.
165.87(1)(b)
(b) Train all law enforcement officers wearing a body camera on the policy under par.
(a) and on the requirements under sub.
(2).
165.87(1)(c)
(c) Train all employees that use, maintain, store, or release data from a body camera on the policy under par.
(a) and on the requirements under subs.
(2) and
(3).
165.87(1)(d)
(d) Periodically review practices regarding the body cameras and data from body cameras to ensure compliance with the policy under par.
(a) and the requirements under subs.
(2) and
(3).
165.87(1)(e)
(e) If the law enforcement agency maintains an Internet site or has an Internet site maintained on its behalf, make the policy under par.
(a) available to the public on the Internet site.
165.87(2)(a)(a) Except as provided in pars.
(b),
(c), and
(d), all data from a body camera used on a law enforcement officer shall be retained for a minimum of 120 days after the date of recording.
165.87(2)(b)
(b) Data from a body camera used on a law enforcement officer that record any of the following shall be retained until final disposition of any investigation, case, or complaint to which the data pertain, except as provided in pars.
(c) and
(d):
165.87(2)(b)1.
1. An encounter that resulted in the death of any individual or actual or alleged physical injury to an individual.
165.87(2)(b)4.
4. An encounter that included the use of force by a law enforcement officer, unless the only use of force was the use of a firearm to dispatch an injured wild animal.
165.87(2)(c)
(c) Retention beyond the period determined under par.
(a) or
(b) may be directed by a law enforcement officer or law enforcement agency, a board of police and fire commissioners, a prosecutor, a defendant, or a court that determines that the data have evidentiary value in a prosecution. A person making a preservation directive under this paragraph shall submit the directive to the law enforcement agency having custody of the record within 120 days after the date of recording.
165.87(2)(d)
(d) Data from a body camera used on a law enforcement officer that are used in a criminal, civil, or administrative proceeding may not be destroyed except upon final disposition, including appeals, a determination from the court or hearing examiner that the data are no longer needed, or an order from the court or hearing examiner.
165.87(2)(e)
(e) Notwithstanding pars.
(a) to
(d), data from a body camera used on a law enforcement officer may not be destroyed during the period specified in s.
19.35 (5).
165.87(3)(a)2.
2. “Record subject” means an individual recorded by a body camera used on a law enforcement officer to whom all of the following apply:
165.87(3)(a)2.a.
a. The individual is depicted in the recording, or the individual's voice is audible in the recording.
165.87(3)(a)2.b.
b. The individual's identity is known to the law enforcement agency.
165.87(3)(a)2.c.
c. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer's presence in the location that was recorded.
165.87(3)(a)2.d.
d. The individual is not a law enforcement officer who was acting in an official capacity, unless a crime or other violation of law has been committed or is alleged to have been committed against the law enforcement officer while the law enforcement officer was present at the location that was recorded.
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.
