Chapter Jus 12

Chapter Jus 12

CRIME VICTIM AND WITNESS ASSISTANCE PROGRAM

Jus 12.01   Description of the program.

Jus 12.02   Program plan.

Jus 12.03   Financial requirements.

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.