Chapter Jus 12

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.

Jus 12.02(5)(m) (m) Child victims and witnesses.

Jus 12.02(5)(m)1. 1. Programs may provide information and referrals specially suited to children’s needs, taking into consideration each child’s level of development, language skills, ability to understand, and the sensitivity of the crime.

Jus 12.02(5)(m)2. 2. Programs may provide explanations in language understood by the child of all legal proceedings in which the child is involved.

Jus 12.02(5)(m)3. 3. Programs may provide advice to the court concerning the child’s ability to understand the legal proceedings and the questions being asked. The advice may include the following:

Jus 12.02(5)(m)3.a. a. Assistance in determinations concerning the taking of videotaped depositions;

Jus 12.02(5)(m)3.b. b. Appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in legal proceedings; and

Jus 12.02(5)(m)3.c. c. Assessment of the adverse impact a delay or continuance may have on the well being of a child victim or witness.

Jus 12.02(5)(m)4. 4. Programs may provide advice to the court concerning the child’s ability to cooperate with the prosecution and potential effects of the proceedings on the child.

Jus 12.02(5)(n) (n) Notification of application for pardon or parole. Programs shall assist victims in enforcing their rights under s. 950.04 (1v) (f), Stats., pertaining to the provision of written statements concerning pardon and parole applications of convicted offenders. Arrangements for notification shall be in accordance with the provisions of ss. 304.06 (1) and 304.09, Stats.

Jus 12.02(6) (6) Related personnel and agencies. The plan shall include a list of all the people and organizations, public and private, who are responsible for services related to victims and witnesses.

Jus 12.02(7) (7) Staffing. The plan shall indicate personnel proposed to carry out the functions of the program, including paid and volunteer staff, and an organization chart which shows how the victim and witness staff fits into the agency within which it is located in the county.

Jus 12.02(8) (8) Education, training and experience. The plan shall contain position descriptions which include the education, training, and experience required of staff providing services through the program.

Jus 12.02(9) (9) Civil rights assurance. The plan shall contain an addendum which assures that the county or any of its subcontractors for purposes of providing victim and witness services will not discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation, or national origin.

Jus 12.02(10) (10) Use of volunteers. Counties may use volunteers and existing public resources for the provision of these services.

Jus 12.02(11) (11) Provision of service. Programs shall provide as many services as possible in person or over the telephone.

Jus 12.02(12) (12) Budget submission. In plan submissions, plan revisions, and reimbursement claims, a budget shall be submitted by the county to the department in sufficient detail to show the basis for the computation of the cost, justification, and explanation of budget items. The budget shall cover the entire victim and witness program.

Jus 12.02(13) (13) Budget categories. The proposed budget shall include the following categories:

Jus 12.02(13)(a) (a) Personal services - salaries

Jus 12.02(13)(b) (b) Personal services - benefits

Jus 12.02(13)(c) (c) Operating expenses

Jus 12.02(13)(d) (d) Permanent, non-expendable property

Jus 12.02(13)(e) (e) Contractual services

Jus 12.02(13)(f) (f) Other.

Jus 12.02(14) (14) Budget revisions. Proposed revisions to the plan budget shall be treated as a plan revision under sub. (3).

Jus 12.02(15) (15) Allowable costs.

Jus 12.02(15)(a) (a) In this subsection, “allowable costs” means:

Jus 12.02(15)(a)1. 1. Salaries and benefits consistent with county classification and compensation plans;

Jus 12.02(15)(a)2. 2. Overtime and night differentials within the county’s established policies;

Jus 12.02(15)(a)3. 3. Travel expenses of program personnel that are reasonable, actual, and necessary to perform program functions;

Jus 12.02(15)(a)4. 4. Actual, necessary, and out-of-pocket costs for space rental added as a necessity to accommodate the program;

Jus 12.02(15)(a)5. 5. Staff development, including registration fees, travel to and from training and conferences, meals, lodging, membership dues, subscriptions, and library materials. Staff development shall relate directly to the provision of services or protection of the rights enumerated in ch. 950, Stats., and is subject to the approval and requirements of the department;

Jus 12.02(15)(a)6. 6. Public information, including the printing of brochures and similar projects;

Jus 12.02(15)(a)7. 7. Telephone costs, including reasonable and necessary monthly charges for local and long distance calls and installation for new programs’ start-up;

Jus 12.02(15)(a)8. 8. Maintenance, repair, and replacement of equipment, including maintenance contracts and replacement or repair of existing equipment previously approved by the department;

Jus 12.02(15)(a)9. 9. Office supplies subject to the approval of the department;

Jus 12.02(15)(a)10. 10. Equipment or non-expendable personal property having a useful life of more than one year and acquisition cost of more than $500 including taxes and installation costs; unless otherwise authorized by the department, equipment purchases are allowable only for new programs’ start-up;

Jus 12.02(15)(a)11. 11. Contractual services, including professional services not readily available within a county’s program and clearly consistent with program objectives. The services shall be subject to the approval of the department.

Jus 12.02(15)(b) (b) The department shall review the program plan and approve allowable costs. Only direct costs incurred for the delivery of services defined in ss. 950.055 and 950.06, Stats., and this chapter are allowable for reimbursement purposes. Costs incurred for government functions that would otherwise be performed with or without a victim and witness assistance program are not allowable for reimbursement purposes.

Jus 12.02(16) (16) Annual report.

Jus 12.02(16)(a) (a) Each county with an approved plan on file with the department shall submit to the department at least annually a report on the implementation of its plan.

Jus 12.02(16)(b) (b) The department shall prescribe the content and format of the annual report.

Jus 12.02 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; corrections in (5) (n) and (15) (b) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.

Jus 12.03 Jus 12.03 Financial requirements.

Jus 12.03(1) (1) Reimbursement rate. A county with a plan approved by the department is eligible to receive reimbursement for not more than 90% of the county’s cost as approved by the department. If the reimbursement requests exceed the appropriations, the department may reduce the reimbursement to each county in an equal percentage.

Jus 12.03(2) (2) Reimbursement frequency. The department shall reimburse counties on a semiannual basis for the purposes of this chapter.

Jus 12.03(3) (3) Reimbursement claim submission. The county shall submit the completed claim form to the department within a reasonable period of time after January 1st and July 1st of each year.

Jus 12.03(4) (4) Reimbursement claim review. The department shall review reimbursement claims for compliance with this chapter and the approved county plan.

Jus 12.03(5) (5) Termination of reimbursement. The department may terminate or suspend reimbursement if it finds a substantial failure by a county to comply with the approved plan and laws and regulations affecting the program.

Jus 12.03(6) (6) Accounting practices. Counties shall maintain an accounting system which discloses the amount and disposition of all reimbursed funds. Generally accepted accounting practices shall be followed.

Jus 12.03(7) (7) Expenditure of funds. County records shall show expenditure of funds by source. All ledger account entries shall be supported by secondary or intermediate records and the original source documentation.

Jus 12.03(8) (8) Time and effort records. Counties shall keep time and effort records for each county employee providing direct services and support services under this chapter. Time and effort records include hours worked and brief description of work done.

Jus 12.03(9) (9) Accessibility of records. All record books, documents, and records related to the program shall be accessible to the department for inspection and audit upon reasonable notice.

Jus 12.03(10) (10) Retention of records. All records shall be retained for at least 3 years. Records for property shall be kept for 3 years after the property’s final disposition.

Jus 12.03(11) (11) Audit.

Jus 12.03(11)(a) (a) A county shall include the victim and witness assistance program in its annual audit.

Jus 12.03(11)(b) (b) If an audit shows discrepancies, adjustments may be made in future reimbursement payments. A copy of all audit discrepancies shall be forwarded to the department as soon as possible.

Jus 12.03 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Jus 12.04 Jus 12.04 Intergovernmental cooperation.

Jus 12.04(1) (1) Purpose. The county board, district attorney, law enforcement agencies, clerks of courts, correctional agencies, and social service agencies shall cooperate with each other and assist in carrying out the purposes of this chapter to ensure that victims and witnesses of crimes receive the rights and services to which they are entitled.

Jus 12.04(2) (2) Availability of reports and files. The district attorney, law enforcement agencies, correctional agencies, state agencies, and the courts shall make available to the person or agency responsible for administering the program all reports and files, except reports and files which are required by statute to be kept confidential, if the reports or files are required by the person or agency to carry out program responsibilities under s. 950.07, Stats.

Jus 12.04 History History: Cr. Register, February, 1992, No. 434, eff. 3-1-92.