State Codes and Statutes
Statutes > Wisconsin > 16 > 16.96416.964
16.964 Office of justice assistance.16.964(1g)
(1g) In this section, "office" means the office of justice assistance.16.964(1m)
(1m) The office shall:16.964(1m)(a)
(a) Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974, P.L. 93-415.16.964(1m)(b)
(b) Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.16.964(1m)(c)
(c) Recommend appropriate legislation in the criminal and juvenile justice field to the governor and the legislature.16.964(1m)(d)
(d) Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.16.964(1m)(e)
(e) Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.16.964(1m)(f)
(f) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.16.964(1m)(g)
(g) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.16.964(1m)(h)
(h) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par. (g), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.16.964(1m)(i)
(i) Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.16.964(1m)(k)
(k) From the appropriation under s. 20.505 (6) (p), provide an annual grant of $150,000 to the Wisconsin CASA Association for the support, assistance, and development of court-appointed special advocate programs under s. 48.07 (5).16.964(2)
(2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in sub. (1m) (g) on the basis of the forms or instructions or both to be supplied by the office under sub. (1m) (g).16.964(3)
(3) The governor shall appoint an executive director under s. 15.105 (19) outside of the classified service.16.964(5)
(5)16.964(5)(a)
(a) The office shall provide grants from the appropriation under s. 20.505 (6) (c) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection 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.16.964(5)(b)
(b) A city applying to the office for a grant under this subsection shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection may be used for salary and fringe benefits only. Except as provided in par. (c), 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.16.964(5)(c)
(c) During the first 6 months of the first year of a grant, a city may, with the approval of the office, 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 office 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 office with all of the following:16.964(5)(c)1.
1. The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.16.964(5)(c)2.
2. The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.16.964(5)(c)3.
3. Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay.16.964(5)(d)
(d) The office shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under this subsection. The office may not award an annual grant in excess of $150,000 to any city. The office shall review any application and plan submitted under par. (b) to determine if that application and plan meet the requirements of this subsection. The grant that a city receives under this subsection may not supplant existing local resources.16.964(5)(e)
(e) A city may receive a grant for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant, the city shall provide matching funds of at least 25% of the amount of the grant.16.964(5)(f)
(f) The office may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph shall be determined and allocations made as provided in this subsection.16.964(8)
(8)16.964(8)(a)
(a) From the appropriations under s. 20.505 (6) (d) and (kj), the office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.16.964(8)(b)
(b) From the appropriation under s. 20.505 (6) (km), the office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.16.964(8)(c)
(c) From the appropriations under s. 20.505 (6) (d) and (kj), the office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.16.964(11)
(11) From the appropriation under s. 20.505 (6) (gj), the office shall provide grants to nonprofit organizations that provide services to victims of sexual assault. The office shall develop criteria and procedures for use in selecting grantees and administering the grant program. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.16.964(12)
(12)16.964(12)(a)
(a) In this subsection, "violent offender" means a person to whom one of the following applies:16.964(12)(a)1.
1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.16.964(12)(a)2.
2. The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.16.964(12)(b)
(b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b), (j), and (ku). The office shall collaborate with the departments of corrections and health services in establishing this grant program.16.964(12)(c)
(c) A county shall be eligible for a grant under par. (b) if all of the following apply:16.964(12)(c)1.
1. The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.16.964(12)(c)2.
2. The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.16.964(12)(c)3.
3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.16.964(12)(c)4.
4. Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.16.964(12)(c)5.
5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.16.964(12)(c)6.
6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.16.964(12)(c)7.
7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.16.964(12)(c)8.
8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health services.16.964(12)(c)9.
9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.16.964(12)(c)10.
10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse treatment providers.16.964(12)(c)11.
11. The county complies with other eligibility requirements established by the office to promote the objectives listed in subds. 1. and 2.16.964(12)(d)
(d) In implementing a program that meets the requirements of par. (c), a county department may contract with or award grants to a religious organization under s. 59.54 (27).16.964(12)(e)
(e)16.964(12)(e)1.
1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections, children and families, and health services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.16.964(12)(e)2.
2. A county that receives a grant under this subsection shall comply with state audits and shall submit an annual report to the office and to the oversight committee created under subd. 1. regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in par. (c) 2. and 6.16.964(12)(em)
(em) In a program funded by a grant under this subsection, if urine collection for the purposes of a drug test results in the exposure of a program participant's genitals, pubic area, buttock, or anus, all of the following must apply:16.964(12)(em)1.
1. The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant.16.964(12)(em)2.
2. During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection.16.964(12)(em)3.
3. The urine collection is not reproduced through a visual or sound recording.16.964(12)(em)4.
4. The program participant's genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.16.964(12)(em)5.
5. 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.16.964(12)(f)
(f) Two or more counties may jointly apply for and receive a grant under this subsection. 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 par. (e) 1. shall consist of representatives from each county.16.964(12)(g)
(g) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2007. If the office decides to make a grant to a county under this subsection, the office 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.16.964(12)(h)
(h) The office shall assist a county receiving a grant under this subsection in obtaining funding from other sources for its program.16.964(12)(i)
(i) The office shall inform any county that is applying for a grant under this subsection whether the county meets the requirements established under par. (c), regardless of whether the county receives a grant.16.964(12)(j)
(j) The office shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent of the amount awarded as grants under par. (b).16.964(12)(k)
(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.16.964(14)
(14) Beginning in fiscal year 2008-09, from the appropriation under s. 20.505 (6) (f), the office shall in each fiscal year provide $20,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:16.964(14)(a)
(a) Care House in Rock County.16.964(14)(b)
(b) Child Protection Center in Milwaukee County.16.964(14)(c)
(c) Safe Harbor in Dane County.16.964(14)(d)
(d) Kenosha Child Advocacy Center in Kenosha County.16.964(14)(e)
(e) Fox Valley Child Advocacy Center in Winnebago County.16.964(14)(f)
(f) Stepping Stones in La Crosse County.16.964(14)(g)
(g) CARE Center in Waukesha County.16.964(14)(h)
(h) Child Advocacy Center of Northeastern Wisconsin in Marathon County.16.964(14)(i)
(i) Chippewa County Child Advocacy Center in Chippewa County.16.964(14)(j)
(j) A child advocacy center in Brown County.16.964(14)(k)
(k) A child advocacy center in Racine County.16.964(14)(L)
(L) A child advocacy center in Walworth County.16.964(14)(m)
(m) CHAT Room in Green County.16.964(14)(n)
(n) Marshfield Child Advocacy Center in Wood County.16.964(15)
(15)16.964(15)(a)
(a) The office shall provide staff support for the interoperability council under s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.16.964(15)(b)
(b) The office may charge a public safety agency, as defined in s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).16.964(16)
(16)16.964(16)(a)
(a) The office shall analyze the information submitted to it by law enforcement agencies under s. 349.027 (2) to determine whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.16.964(16)(b)
(b) The office shall promulgate rules relating to all of the following:16.964(16)(b)1.
1. The types of information that law enforcement agencies must collect relating to traffic stops and the circumstances under which this information must be collected.16.964(16)(b)2.
2. The process and format that law enforcement agencies must use to submit to the office the collected information specified in subd. 1.16.964(16)(b)3.
3. The types of analyses that the office will perform in fulfilling the requirement under par. (a).16.964(16)(b)4.
4. Requirements for making reports to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.16.964(17)
(17) American Indian tribal community reintegration program. The office shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The office shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.16.964(18)
(18)16.964(18)(a)
(a) In this subsection:16.964(18)(a)1.
1. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b) or (e).16.964(18)(a)2.
2. "Law enforcement investigation information" means information that is collected by the office under sub. (1m) consisting of arrest reports, incident reports, and other information relating to persons suspected of committing crimes that was created by a law enforcement agency and provided to the office by that agency for the purpose of sharing with other law enforcement agencies and prosecutors.16.964(18)(b)
(b) For purposes of requests for access to records under s. 19.35 (1), if the office has custody of a record containing law enforcement investigation information, the office and any other law enforcement agency with which the office shares the information contained in the record are not the legal custodians of the record as it relates to that information. For such purposes, the legal custodian of the record is the law enforcement agency that provides the law enforcement investigation information to the office. If the office or any other law enforcement agency receives a request under s. 19.35 (1) for access to information in such a record, the office or the other law enforcement agency shall deny any portion of the request that relates to law enforcement investigation information.16.964 - ANNOT.
History: 1987 a. 27; 1989 a. 31, 122; 1991 a. 39; 1993 a. 193; 1997 a. 252; 1999 a. 9 ss. 110, 110j, 2294m; 2001 a. 16 ss. 3349d, 3350, 3351d; 2003 a. 33 ss. 230, 1159, 1161, 1163, 1165; 2005 a. 25, 60, 433; 2007 a. 20 ss. 123 to 125g, 3126 to 3128, 9121 (6) (a); 2007 a. 79, 96; 2009 a. 28, 259.