Chapter 165

165.84(6) (6) All persons in charge of law enforcement and tribal law enforcement agencies in this state shall furnish the department with any other identifying data required in accordance with guidelines established by the department. All law enforcement and tribal law enforcement agencies and penal and correctional institutions in this state having criminal identification files shall cooperate in providing to the department copies of such items in these files as will aid in establishing the nucleus of the state criminal identification file.

165.84(7) (7) 

165.84(7)(ab) (ab) In this subsection, “violent crime” means any of the following:

165.84(7)(ab)1. 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (2), 943.231 (1), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).

165.84(7)(ab)2. 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30, or 948.03 (3) or (5) (a) 4.

165.84(7)(ab)3. 3. A felony if a penalty enhancer specified in s. 939.621 could be imposed.

165.84(7)(ab)4. 4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a violation under subd. 1.

165.84(7)(ah) (ah) Subject to rules promulgated by the department of justice under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual’s fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a violent crime and each individual taken into custody for a juvenile offense that would be a violent crime if committed by an adult in this state. The law enforcement agency shall submit the biological specimen to the crime laboratories in a manner specified in the rules under s. 165.76 (4).

165.84(7)(am) (am) After receiving an individual’s specimen submitted under par. (ah), the crime laboratories shall do one of the following:

165.84(7)(am)1m. 1m. If, within the time limit under subd. 2m., the court notifies the crime laboratories under par. (bm) that any of the following applies, analyze the deoxyribonucleic acid in the specimen and include the individual’s deoxyribonucleic acid profile in the data bank under s. 165.77 (3):

165.84(7)(am)1m.a. a. The individual was arrested, or the juvenile was taken into custody, under a warrant.

165.84(7)(am)1m.b. b. The court has made a finding that there is probable cause that the individual committed a violent crime or that the juvenile committed an offense that would be a violent crime if committed by an adult in this state.

165.84(7)(am)1m.c. c. The individual failed to appear at the initial appearance or preliminary examination or the person waived the preliminary examination.

165.84(7)(am)1m.d. d. The individual failed to appear for a delinquency proceeding under ch. 938.

165.84(7)(am)2m. 2m. If, one year after the date the biological sample was submitted under par. (ah), the court has not notified the crime laboratories under par. (bm) that subd. 1m. a., b., c., or d. applies to the individual, destroy the biological sample.

165.84(7)(bm) (bm) The court shall notify the crime laboratories if par. (am) 1m. a., b., c., or d. applies to an individual who has been arrested.

165.84(7)(c) (c)

165.84(7)(c)1. 1. No biological specimen obtained under par. (ah) may be subject to analysis except by the crime laboratories as provided under s. 165.77.

165.84(7)(c)2. 2. Biological specimens obtained under this section may be used only as provided under s. 165.77.

165.84 History History: 1977 c. 305 s. 64; 1985 a. 29; 1993 a. 407; 1997 a. 283; 2013 a. 20, 214; 2015 a. 366; 2021 a. 76, 209, 242; 2023 a. 10.

165.84 Annotation The Department of Justice has no statutory authority to administratively append unrelated charges to arrest records so as to prevent expungement under sub. (1) of arrests that do not result in a criminal charge. Hall v. Department of Justice, 2020 WI App 12, 391 Wis. 2d 378, 941 N.W.2d 825, 18-2274.

165.845 165.845 Collection and reporting of crime and criminal justice data.

165.845(1g) (1g) In this section:

165.845(1g)(a) (a) “Great bodily harm” has the meaning given in s. 939.22 (14).

165.845(1g)(m) (m) “Use-of-force incident” means any of the following:

165.845(1g)(m)1. 1. Any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian.

165.845(1g)(m)2. 2. Any incident involving the discharge of a firearm by a civilian at or in the direction of a law enforcement officer.

165.845(1g)(m)3. 3. Any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in great bodily harm or death.

165.845(1g)(m)4. 4. Any incident in which an act of resistance taken by a civilian against a law enforcement officer results in great bodily harm or death.

165.845(1r) (1r) The department of justice shall:

165.845(1r)(a) (a) Collect information concerning the number and nature of offenses known to have been committed in this state, concerning sexual assault kits, as defined in s. 165.775 (1) (e), collected in this state, and concerning such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics. The information shall include all of the following:

165.845(1r)(a)1. 1. Data requested by federal agencies under the U.S. department of justice, including but not limited to the federal bureau of investigation under its system of uniform crime reports for the United States.

165.845(1r)(a)2. 2. For any use-of-force incident, all of the following information:

165.845(1r)(a)2.a. a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

165.845(1r)(a)2.b. b. The date, time, and location of the incident.

165.845(1r)(a)2.c. c. The reason for the law enforcement officer’s initial contact with the civilian.

165.845(1r)(a)2.d. d. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian had.

165.845(1r)(a)2.e. e. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used.

165.845(1r)(a)2.f. f. The number of law enforcement officers involved in the incident.

165.845(1r)(a)2.g. g. The number of civilians involved in the incident.

165.845(1r)(a)2.h. h. A brief description regarding any acts of resistance that precipitated the incident and the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

165.845(1r)(a)2.i. i. Any other information that is required to comply with the reporting standards of the National Use-Of-Force Data Collection system administered by the federal bureau of investigation.

165.845(1r)(b) (b) Furnish all reporting officials with instructions that specify the nature of the information required under par. (a), a simple format in which to submit the information, the time it is to be forwarded, the process for submitting the information, the method of classifying it, and any other matters that facilitate collection and compilation. The format provided under this paragraph shall, to the greatest extent feasible, minimize the time required by each law enforcement officer to submit the required information.

165.845(1r)(c) (c) 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.

165.845(1r)(d) (d) Publish an annual report using the information collected under par. (a) 2. The report may be published electronically on the department of justice’s Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 2.

165.845(1r)(e) (e) Publish data at least annually on law enforcement agency compliance with the reporting requirement under par. (a) relating to sexual assault kits.

165.845(2) (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1r) (a) in the format specified by the department under sub. (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

165.845 History History: 2013 a. 20 ss. 168 to 170, 172, 1938, 1939; 2021 a. 50, 116.

165.85 165.85 Law enforcement standards board.

165.85(1) (1) Findings and policy. The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety, and welfare of the people of this state and is of such a nature as to require training, education, and the establishment of standards of a proper professional character. The public interest requires that these standards be established and that this training and education be made available to persons who seek to become law enforcement, tribal law enforcement, jail or juvenile detention officers, persons who are serving as these officers in a temporary or probationary capacity, and persons already in regular service.

165.85(2) (2) Definitions. In this section and in s. 165.86:

165.85(2)(ac) (ac) “Alzheimer’s disease” has the meaning given in s. 46.87 (1) (a).

165.85(2)(ah) (ah) “Board” means the law enforcement standards board.

165.85(2)(ap) (ap) “Employment file” means all files relating to a person’s employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person’s suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position.

165.85(2)(bc) (bc) “Fiscal year” has the meaning given in s. 20.902.

165.85(2)(be) (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state.

165.85(2)(bg) (bg) “Jail” means a county jail, rehabilitation facility established by s. 59.53 (8) or county house of correction under s. 303.16.

165.85(2)(bn) (bn) “Jail officer” means any person employed by any political subdivision of the state for the purpose of supervising, controlling or maintaining a jail or the persons confined in a jail. “Jail officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

165.85(2)(br) (br) “Juvenile detention facility” has the meaning given in s. 48.02 (10r).

165.85(2)(bt) (bt) “Juvenile detention officer” means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control, or maintain a juvenile detention facility or the persons confined in a juvenile detention facility. “Juvenile detention officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

165.85(2)(bv) (bv) “Law enforcement agency” means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers, and includes the Marquette University police department.

165.85(2)(bx) (bx) “Law enforcement instructor” means a person who is certified by the board to deliver board-approved program outcomes, course competencies, performance standards, and learning objectives in training programs and training schools for law enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers.

165.85(2)(c) (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).

165.85(2)(cm) (cm) “Police pursuit” has the meaning given in s. 85.07 (8) (a).

165.85(2)(d) (d) “Political subdivision” means counties, cities, villages, towns, town sanitary districts, public inland lake protection and rehabilitation districts, and technical college districts.

165.85(2)(e) (e) “Preservice student” means any person who meets the minimum recruitment qualifications set by the board and who enrolls in preparatory training under sub. (4) (a) 1., (b) 1., or (c) 1. prior to employment as a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer.

165.85(2)(f) (f) “Recruit” means a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer employed on a probationary or temporary basis, in compliance with the minimum recruitment qualifications set by the board.

165.85(2)(fh) (fh) “Tactical emergency medical services professional” means a licensed emergency medical services professional who has been endorsed by the department of health services as a person who provides medical services when operating as part of a law enforcement tactical team and operating with the prior written approval of the sheriff or chief of police for the jurisdiction in which the licensed emergency medical services professional is authorized to carry out his or her duties.

165.85(2)(fm) (fm) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).

165.85(2)(g) (g) “Tribal law enforcement officer” means any of the following:

165.85(2)(g)1. 1. A person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances, who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances, and who agrees to accept the duties of law enforcement officers under the laws of this state.

165.85(2)(g)2. 2. A conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission who agrees to accept the duties of law enforcement officers under the laws of this state.

165.85(3) (3) Powers. The board may:

165.85(3)(a) (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 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, tactical emergency medical services professionals, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in this state.

165.85(3)(am) (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.

165.85(3)(b) (b) Establish minimum educational, training, and recruitment standards for admission to employment as a law enforcement, 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.

165.85(3)(c) (c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

165.85(3)(cm) (cm) Decertify law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers who do any of the following:

165.85(3)(cm)1. 1. Resign employment in lieu of termination or are terminated for just cause under any applicable provision of law, unless the board determines under sub. (3m) (c) that decertification on this ground is not necessary.

165.85(3)(cm)2. 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum, training, or recruitment.

165.85(3)(cm)3. 3. Falsify information to obtain or maintain certified status.

165.85(3)(cm)4. 4. Are certified as the result of an administrative error.

165.85(3)(cm)5. 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony. A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction.

165.85(3)(cm)6. 6. Are convicted of a misdemeanor crime of domestic violence, 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). A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction.

165.85(3)(cm)7. 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:

165.85(3)(cm)7.a. a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed.

165.85(3)(cm)7.b. b. A deferred prosecution agreement, whether pending or successfully completed.

165.85(3)(cm)7.c. c. A pretrial diversion agreement, whether pending or successfully completed.

165.85(3)(cm)8. 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.