Chapter Jus 12

Jus 12.04   Intergovernmental cooperation.

Jus 12.01 Jus 12.01 Description of the program.

Jus 12.01(1) (1) Authority and purpose. This chapter is promulgated pursuant to s. 950.06 (5), Stats., for the purpose of administering the victim and witness assistance program.

Jus 12.01(2) (2) Applicability. This chapter applies to all county crime victim and witness assistance programs under ss. 950.055 and 950.06, Stats.

Jus 12.01(3) (3) Administration.

Jus 12.01(3)(a) (a) Chapter 950, Stats., and this chapter shall be administered by a director appointed by the attorney general.

Jus 12.01(3)(b) (b) The office of crime victim services in the department shall review and approve plans submitted by counties, provide reimbursement to counties in accordance with this chapter, and provide technical assistance to counties.

Jus 12.01(3)(c) (c) The county board or its designee in each county shall administer the program plan submitted under s. Jus 12.02.

Jus 12.01 Note Note: Correspondence required by this chapter shall be addressed to Wisconsin Department of Justice, Office of Crime Victim Services, 17 West Main Street, Post Office Box 7951, Madison, WI 53707-7951.

Jus 12.01(4) (4) Definitions. In this chapter:

Jus 12.01(4)(a) (a) “Child” has the meaning specified in s. 950.02 (1), Stats.

Jus 12.01(4)(b) (b) “Crime” has the meaning specified in s. 950.02 (1m), Stats.

Jus 12.01(4)(c) (c) “Department” has the meaning specified in s. 950.02 (2), Stats.

Jus 12.01(4)(d) (d) “Family member” has the meaning specified in s. 950.02 (3), Stats.

Jus 12.01(4)(e) (e) “Program” means a specified set of systematically delivered victim and witness services established by resolution of a county board and approved by the department.

Jus 12.01(4)(f) (f) “Victim” has the meaning specified in s. 950.02 (4), Stats.

Jus 12.01(4)(g) (g) “Witness” has the meaning specified in s. 950.02 (5), Stats.

Jus 12.01 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; correction in (3) (c) under 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Jus 12.02 Jus 12.02 Program plan.

Jus 12.02(1) (1) Submission, review and approval.

Jus 12.02(1)(a) (a) If a county intends to claim reimbursement for the costs of providing services under this chapter, the county shall submit a program plan to the department for its approval prior to the beginning of the program. Two or more counties may submit a joint plan.

Jus 12.02(1)(b) (b) The department may require the submission of an updated plan in whole or in part.

Jus 12.02(1)(c) (c) Programs shall operate according to the approved program plan unless a plan revision is approved by the department under sub. (3).

Jus 12.02(2) (2) Contents.

Jus 12.02(2)(a) (a) The program plan shall contain the following sections:

Jus 12.02(2)(a)1. 1. Summary;

Jus 12.02(2)(a)2. 2. Levels of services to victims and witnesses that the county intends to provide;

Jus 12.02(2)(a)3. 3. Related personnel and agencies;

Jus 12.02(2)(a)4. 4. Proposed staffing for the program;

Jus 12.02(2)(a)5. 5. Proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services;

Jus 12.02(2)(a)6. 6. The county’s budget for implementing the program;

Jus 12.02(2)(a)7. 7. Civil rights assurance;

Jus 12.02(2)(a)8. 8. Copy of the county board resolution authorizing the program and plan submission; and

Jus 12.02(2)(a)9. 9. Other information required by the department.

Jus 12.02(3) (3) Revisions.

Jus 12.02(3)(a) (a) A county may request approval from the department for program plan revisions. All such requests shall be made in writing to the program coordinator in the department’s office of crime victim services. If prior approval is not obtained, the department may reduce reimbursement to the county by the amount of unauthorized expenditures.

Jus 12.02(3)(b) (b) Requests for approval of program plan revisions may be submitted at any time. The department may approve or deny a request upon review of availability of funds and compatibility of the requested revision with applicable law and this chapter.

Jus 12.02(4) (4) Agreement. Upon department approval of a county’s program plan, an agreement shall be established between the county and the department.

Jus 12.02(5) (5) Levels of services. No plan may be approved unless it provides all of the following services, except that the department may waive any of these requirements for cause:

Jus 12.02 Note Note: The department shall determine “cause” based upon grounds submitted by the county.

Jus 12.02(5)(a) (a) Notification.

Jus 12.02(5)(a)1. 1. Programs shall provide notification services to all victims and witnesses who desire them. Notification services shall include case status, notification of subpoena cancellation, any known significant developments in the case, and final disposition.

Jus 12.02(5)(a)2. 2. Programs may develop an alert system whereby witnesses are permitted to remain at work, their places of residence, or other designated places, until their appearances in court are required.

Jus 12.02(5)(a)3. 3. Routine subpoena preparation and service otherwise normally done in the absence of a victim and witness assistance program is not a notification service for purposes of this chapter.

Jus 12.02(5)(b) (b) Victim compensation referral.

Jus 12.02(5)(b)1. 1. Programs shall notify potentially eligible victims of violent crimes of the existence of the crime victim compensation program under ch. 949, Stats. Notification shall include an explanation of available benefits and application procedures.

Jus 12.02(5)(b)2. 2. Programs may assist potentially eligible crime victim compensation recipients in the completion and submission of their application forms.

Jus 12.02(5)(b)3. 3. Programs may advise crime victims of the merits of their crime victim compensation applications and assist them in gathering necessary information to perfect their claims.

Jus 12.02(5)(c) (c) Social services referrals.

Jus 12.02(5)(c)1. 1. Programs shall provide information about and make appropriate referrals to agencies which provide support and other services.

Jus 12.02(5)(c)2. 2. Programs shall keep a listing of referral services, including eligibility requirements, services offered, hours of operation, location, telephone number, fee, and contact person, if known.

Jus 12.02(5)(c)3. 3. Programs shall refer witnesses of homicide and the family members of victims of homicide directly to appropriate available community service agencies in order to meet immediate and long term needs.

Jus 12.02(5)(c)4. 4. Programs may follow up referrals to service agencies in order to assure that the needs of victims, witnesses, and the families of homicide victims are met.

Jus 12.02(5)(d) (d) Witness fee assistance.

Jus 12.02(5)(d)1. 1. Programs shall notify witnesses in a criminal justice proceeding of the existence of witness fees and the procedure to be followed in order to apply for and receive any witness fees to which they are entitled.

Jus 12.02(5)(d)2. 2. Programs may assist witnesses in applying for payment of witness fees.

Jus 12.02(5)(e) (e) Public information.

Jus 12.02(5)(e)1. 1. Programs shall furnish to the general public and agencies that have contact with crime victims and witnesses information describing the victim and witness assistance services offered by the program and how to avail themselves of those services.

Jus 12.02(5)(e)2. 2. Programs may develop and make available informational brochures describing the rights of victims and witnesses, services provided through the program, and how to avail themselves of those services.

Jus 12.02(5)(e)3. 3. Programs may hold educational sessions with criminal justice and other related agencies in their jurisdictions in order to enhance understanding and cooperation among agencies, inform agencies of the rights and needs of victims and witnesses, and describe the services provided through the program.

Jus 12.02(5)(e)4. 4. Programs may initiate community public relations activities.

Jus 12.02(5)(f) (f) Escort.

Jus 12.02(5)(f)1. 1. Programs shall provide information to victims and witnesses who request it on personal support services available to them while they are in court.

Jus 12.02(5)(f)2. 2. Programs may arrange accompaniment for witnesses throughout their court appearances.

Jus 12.02(5)(g) (g) Transportation.

Jus 12.02(5)(g)1. 1. Programs shall inform victims and witnesses who request it of transportation services available related to participation in the investigation or prosecution of the crime and how to avail themselves of those services.

Jus 12.02(5)(g)2. 2. Transportation services shall include the provision of information regarding the location of the courthouse and available parking facilities.

Jus 12.02(5)(g)3. 3. Programs may provide transportation directly, when deemed necessary by program staff for the participation of victims and witnesses in criminal justice proceedings.

Jus 12.02(5)(h) (h) Victim impact statements and restitution.

Jus 12.02(5)(h)1. 1. Programs shall inform victims of felonies of their right to provide the court with information pertaining to the economic, physical, and psychological effects of the crime upon them.

Jus 12.02(5)(h)2. 2. Programs may assist victims of felonies in developing victim impact statements to be provided to the court at the time of sentencing.

Jus 12.02(5)(h)3. 3. Programs may assist in the early gathering of restitution information for the purpose of providing the court and the district attorney with information pertaining to the economic effect of the crime upon the victim of a felony. The determination, verification, and collection of restitution are not victim services for purposes of this chapter.

Jus 12.02(5)(i) (i) Employer intercession.

Jus 12.02(5)(i)1. 1. Programs shall notify employers of the victims and witnesses of crime of their employees’ involvement in the case whenever a victim or witness requests such notification and program staff determine it is feasible.

Jus 12.02(5)(i)2. 2. Programs may intercede with a victim’s or witness’s employer at the employee’s request when the occurrence of the crime or the court appearance might cause the employee to lose time from work which may jeopardize the employee’s wage or employment.

Jus 12.02(5)(j) (j) Property return.

Jus 12.02(5)(j)1. 1. Programs shall inform victims of their right to have personal property held as evidence returned within a reasonable amount of time.

Jus 12.02(5)(j)2. 2. Programs shall refer victims to criminal justice authorities responsible for the return of property held as evidence and assist victims in securing the release of the property.

Jus 12.02(5)(j)3. 3. Programs may contact criminal justice authorities responsible for the return of property in order to obtain the early release of victims’ property.

Jus 12.02(5)(j)4. 4. Programs may participate in the administration of a system that facilitates the early release of victims’ property.

Jus 12.02(5)(k) (k) Protection services.

Jus 12.02(5)(k)1. 1. Programs shall inform victims and witnesses of protection available, the level of protection available, and whom to contact if they are threatened or harassed.

Jus 12.02(5)(k)2. 2. When informed of threats or harassment, programs shall alert the appropriate law enforcement agencies and prosecutor.

Jus 12.02(5)(k)3. 3. Programs may arrange with law enforcement agencies to investigate allegations of intimidation or threats against victims and witnesses of crime.

Jus 12.02(5)(L) (L) Waiting facilities and reception.

Jus 12.02(5)(L)1. 1. Programs shall provide safe, comfortable, and convenient facilities for victims and witnesses to wait upon their arrival to appear in court.

Jus 12.02(5)(L)2. 2. Programs shall provide for witness reception. Witness reception shall include information on waiting facilities, restrooms, food service, and other similar needs.

Jus 12.02(5)(L)3. 3. Programs may provide a separate waiting room for victims and witnesses while awaiting court appearances.