Amendment SSA1-AB68

AB68-SSA1,2369 Section 2369 . 165.85 (2) (c) of the statutes is amended to read:

AB68-SSA1,1097,14 165.85 (2) (c) “Law enforcement officer" means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).

AB68-SSA1,2370 Section 2370 . 165.85 (2) (fm) of the statutes is created to read:

AB68-SSA1,1097,17 165.85 (2) (fm) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).

AB68-SSA1,2371 Section 2371 . 165.85 (3) (a) of the statutes is amended to read:

AB68-SSA1,1098,2 165.85 (3) (a) Promulgate rules for the administration of this section including the authority to require the submission of reports and information pertaining to the administration of this section by law enforcement and agencies, tribal law enforcement agencies, jails, juvenile detention facilities, and schools approved by the board and operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in this state.

AB68-SSA1,2372 Section 2372 . 165.85 (3) (am) of the statutes is created to read:

AB68-SSA1,1098,10 165.85 (3) (am) Establish minimum qualification standards for admission to preparatory law enforcement, jail, or juvenile detention officer training for preservice students and recruits, but not for department of corrections correctional officers. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68-SSA1,2373 Section 2373 . 165.85 (3) (b) of the statutes is amended to read:

AB68-SSA1,1098,21 165.85 (3) (b) Establish minimum educational and, training, and recruitment standards for admission to employment as a law enforcement or, tribal law enforcement, jail, or juvenile detention officer in permanent positions and in temporary, probationary or part-time status. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68-SSA1,2374 Section 2374 . 165.85 (3) (cm) of the statutes is renumbered 165.85 (3) (cm) (intro.) and amended to read:

AB68-SSA1,1098,25 165.85 (3) (cm) (intro.) Decertify law enforcement, tribal law enforcement, jail, or juvenile detention officers who terminate do one of the following:

AB68-SSA1,1099,1 1. Terminate employment or are terminated , who violate.

AB68-SSA1,1099,3 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum or, training, who falsify, or recruitment.

AB68-SSA1,1099,4 3. Falsify information to obtain or maintain certified status, who are.

AB68-SSA1,1099,5 4. Are certified as the result of an administrative error, who are.

AB68-SSA1,1099,7 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony, who are.

AB68-SSA1,1099,12 6. Are convicted of a misdemeanor crime of domestic violence, or who fail as defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court under s. 973.055 (4).

AB68-SSA1,1099,17 8. Fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB68-SSA1,1099,25 (cp) The board shall establish procedures for decertification under par. (cm) in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings an action described under par. (cm) 8. shall be done as provided under sub. (3m) (a).

AB68-SSA1,2375 Section 2375. 165.85 (3) (cm) 7. of the statutes is created to read:

AB68-SSA1,1100,4 165.85 (3) (cm) 7. For any crime listed in subd. 5. or 6., enter into any of the following if the board determines that certification is not in the best interest of the public:

AB68-SSA1,1100,6 a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed.

AB68-SSA1,1100,8 b. A deferred prosecution agreement, whether pending or successfully completed.

AB68-SSA1,1100,9 c. A pretrial diversion agreement, whether pending or successfully completed.

AB68-SSA1,2376 Section 2376 . 165.85 (4) (a) 1m. of the statutes is created to read:

AB68-SSA1,1100,14 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.

AB68-SSA1,2377 Section 2377 . 165.85 (4) (a) 7. d. of the statutes is created to read:

AB68-SSA1,1100,23 165.85 (4) (a) 7. d. Each officer who is subject to this subdivision shall annually complete at least 8 hours of scenario-based training on use-of-force options, focusing on skills and tactics that minimize the likelihood of using force, including de-escalation tactics. In this subd. 7. d., “de-escalation tactics” are actions and techniques used by law enforcement officers to slow down or stabilize a potentially unstable situation to allow for more time, options, and resources for resolution or prevention of an incident. Hours of training completed under this subd. 7. d. shall count toward the hours of training required under subd. 7. a.

AB68-SSA1,2378 Section 2378 . 165.85 (4) (em) of the statutes is created to read:

AB68-SSA1,1101,13 165.85 (4) (em) Officer recruitment. 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.

AB68-SSA1,1101,19 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.

AB68-SSA1,1101,21 3. A candidate who refuses to execute the waiver shall not be considered for employment by the interviewing agency or considered for certification by the board.

AB68-SSA1,1102,3 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.

AB68-SSA1,1102,6 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.

AB68-SSA1,1102,13 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 records if the agency or facility is prohibited from providing the employment records 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 the effective date of this subdivision .... [LRB inserts date].

AB68-SSA1,1102,18 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 the effective date of this subdivision .... [LRB inserts date].

AB68-SSA1,1102,22 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.

AB68-SSA1,2379 Section 2379 . 165.85 (4m) of the statutes is created to read:

AB68-SSA1,1103,3 165.85 (4m) Best practices. The board shall develop, and review at least once every 2 years, a model use of force policy for law enforcement agencies that does all of the following:

AB68-SSA1,1103,4 (a) Incorporates the principles under s. 66.0511 (2).

AB68-SSA1,1103,6 (b) Addresses interactions with individuals with mental disorders, alcohol or drug problems, dementia disorders, and developmental disabilities.

AB68-SSA1,1103,9 (c) Limits the use of force against vulnerable populations, including children, elderly individuals, individuals who are pregnant, individuals with physical or mental disabilities, and individuals with limited English proficiency.

AB68-SSA1,1103,10 (d) Includes other best practices that the board identifies.

AB68-SSA1,2380 Section 2380. 165.895 of the statutes is created to read:

AB68-SSA1,1103,13 165.895 Alternative emergency response and 911 diversion grants. (1) In this section:

AB68-SSA1,1103,14 (a) “Local health department” has the meaning given in s. 250.01 (4).

AB68-SSA1,1103,15 (b) “Public safety answering point” has the meaning given in s. 256.35 (1) (gm).

AB68-SSA1,1103,18 (2) From the appropriation under s. 20.455 (2) (dm), the department shall provide grants to counties having a population of 750,000 or more to be used for any of the following purposes:

AB68-SSA1,1103,21 (a) For contracts between local health departments and nonprofit organizations to increase the capacity of behavioral crisis support services for nonemergency behavioral health issues.

AB68-SSA1,1103,23 (b) For research, design, and personnel costs associated with creating programs to divert behavioral health services from public safety answering points.

AB68-SSA1,1104,5 (3) To be eligible for a grant under this section, a county must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under sub. (4). The department shall review the use of grant money provided under this section to ensure that the money is used according to the approved plan.

AB68-SSA1,1104,8 (4) The department shall develop criteria and procedures for use in administering this section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

AB68-SSA1,2381 Section 2381. 165.93 (2) (title) of the statutes is amended to read:

AB68-SSA1,1104,10 165.93 (2) (title) Grants by application.

AB68-SSA1,2382 Section 2382. 165.93 (2m) of the statutes is created to read:

AB68-SSA1,1104,17 165.93 (2m) Grants to the Wisconsin Coalition Against Sexual Assault. In addition to the grants under sub. (2), from the appropriation under s. 20.455 (5) (e), the department shall provide a grant of $100,000 annually to the Wisconsin Coalition Against Sexual Assault to provide services for sexual assault victims and to provide training and technical assistance to sexual assault programs across the state. The Wisconsin Coalition Against Sexual Assault may also apply for grants under sub. (2).

AB68-SSA1,2383 Section 2383 . 165.932 of the statutes is created to read:

AB68-SSA1,1104,19 165.932 Victim services; grants. (1) Definitions. In this section:

AB68-SSA1,1104,20 (a) “Department" means the department of justice.

AB68-SSA1,1104,21 (b) “Victim" has the meaning given in s. 950.02 (4) (a).

AB68-SSA1,1104,23 (2) Grants. (a) The department shall provide grants to eligible organizations from the appropriation under s. 20.455 (5) (ec) to provide services for victims.

AB68-SSA1,1104,25 (b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria:

AB68-SSA1,1105,1 1. The organization is a nonprofit corporation or a public agency.

AB68-SSA1,1105,4 2. The organization provides or proposes to provide, either directly or through a contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals, all of the following for victims:

AB68-SSA1,1105,5 a. Advocacy and counseling services.

AB68-SSA1,1105,7 b. Crisis telephone line services on a 24 hours per day and 7 days per week basis.

AB68-SSA1,1105,9 c. Professional education about intervention for victims and community education programs for the prevention of crime.

AB68-SSA1,1105,13 d. Services for persons living in rural areas, children, elderly persons, physically disabled persons, minority groups, and other groups of victims that have special needs. This subd. 2. d. does not require the applicant to provide services to any group of persons that does not reside in the applicant's service area.

AB68-SSA1,1105,15 3. The organization does not receive more than 70 percent of its operating budget from grants under this section.

AB68-SSA1,1105,18 4. The organization does not provide all of its services under subd. 2. a. to d. by contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals.

AB68-SSA1,1105,20 (c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following:

AB68-SSA1,1105,22 1. The need for victim services in the community in which the applicant provides services or proposes to provide services.

AB68-SSA1,1105,24 2. The degree to which the applicant's services or proposed services are coordinated with other resources in the community and state.

AB68-SSA1,1105,25 3. The needs of urban and rural communities.

AB68-SSA1,1106,1 4. The needs of existing and proposed programs and services.

AB68-SSA1,1106,4 (3) Reporting requirements. An organization that receives a grant under this section shall report all of the following information to the department for each fiscal year covered by the grant:

AB68-SSA1,1106,6 (a) The total expenditures that the organization made on victim services in the period for which the grant was provided during that fiscal year.

AB68-SSA1,1106,9 (b) The number of persons served by general type of victim services provided in the period for which the grant was provided during that fiscal year. The department shall identify for organizations the general types of services provided.

AB68-SSA1,1106,12 (c) The number of persons who requested victim services in the period for which the grant was provided during that fiscal year but who did not receive the victim services that the persons requested.

AB68-SSA1,1106,15 (4) List of eligible organizations. (a) The department shall certify to the elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB68-SSA1,1106,18 (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB68-SSA1,2384 Section 2384. 165.95 (title) of the statutes is amended to read:

AB68-SSA1,1106,21 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB68-SSA1,2385 Section 2385 . 165.95 (1) (ac) of the statutes is created to read:

AB68-SSA1,1106,25 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB68-SSA1,2386 Section 2386. 165.95 (2) of the statutes is amended to read:

AB68-SSA1,1107,9 165.95 (2) The department of justice shall make grants to counties and to tribes 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 department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB68-SSA1,2387 Section 2387. 165.95 (2r) of the statutes is amended to read: