Chapter 165

165.85 History History: 1973 c. 90, 333; 1975 c. 94 s. 91 (11); 1977 c. 29, 418; 1979 c. 111; 1981 c. 20; 1983 a. 27; 1985 a. 29, 260; 1987 a. 237, 366, 394; 1989 a. 31, 291; 1991 a. 39; 1993 a. 16, 167, 213, 399, 407, 460, 482, 491; 1995 a. 201, 225, 349; 1997 a. 27, 88, 191; 1999 a. 9; 2001 a. 16, 109; 2005 a. 60, 264, 344, 414; 2007 a. 20, 27, 97, 130; 2009 a. 28, 180; 2011 a. 29; 2013 a. 173, 214; 2015 a. 55; 2015 a. 195 s. 83; 2021 a. 82; 2021 a. 240 ss. 16, 29, 30; 2023 a. 19, 218, 227, 239.

165.85 Note NOTE: 1993 Wis. Act 407, which created subs. (2) (e) and (4) (f) and amended subs. (1), (3), and (4), contains extensive explanatory notes.

165.85 Cross-reference Cross-reference: See also ch. LES 1, Wis. adm. code.

165.85 Annotation A rule adopted under this section properly barred a nonpardoned felon from holding a police job. Law Enforcement Standards Board v. Village of Lyndon Station, 101 Wis. 2d 472, 305 N.W.2d 89 (1981).

165.85 Annotation Sub. (4) (b) governs the terms of employment of a probationary sheriff’s deputy so that the discipline procedures under s. 59.21 (8) (b) [now s. 59.26 (8) (b)] do not apply and an applicable collective bargaining agreement controls. Hussey v. Outagamie County, 201 Wis. 2d 14, 548 N.W.2d 848 (Ct. App. 1996), 95-2948.

165.85 Annotation A police officer promoted to sergeant, subject to a one-year period of probation, could not be demoted without a just cause hearing under s. 62.13 (5) (em). An original appointment is on a probationary basis under sub. (4) (b). Once that period has passed, no promotion can be taken away without a hearing under s. 62.13 (5) (em). Antisdel v. City of Oak Creek Police & Fire Commission, 2000 WI 35, 234 Wis. 2d 154, 609 N.W.2d 464, 97-3818.

165.85 Annotation By its plain terms, sub. (4) (a) 3. does not limit the length of a probationary employment period established by a municipal contract for new law enforcement officers. The provision refers to the period during which the recruit may exercise law enforcement powers without completing the preparatory training program and becoming certified by the Law Enforcement Standards Board. It does not place any explicit limitation upon the length of a probationary period that a municipality may require pursuant to a contract with the officer or the officer’s bargaining representative. State ex rel. Massman v. City of Prescott, 2020 WI App 3, 390 Wis. 2d 378, 938 N.W.2d 602, 18-1621.

165.85 Annotation Sub. (4) (b) 2. does not preclude temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations, or scheduling conflicts. 78 Atty. Gen. 146.

165.85 Annotation The chief of police was entitled to a hearing meeting due process requirements prior to discharge from office. Jessen v. Village of Lyndon Station, 519 F. Supp. 1183 (1981).

165.85 Annotation A probationary police officer had no protected property interest in the officer’s job. Ratliff v. City of Milwaukee, 608 F. Supp. 1109 (1985).

165.86 165.86 Law enforcement training. The department shall:

165.86(1) (1) 

165.86(1)(a) (a) Supply the staffing needs of the law enforcement standards board.

165.86(1)(b) (b) Identify state agencies and political subdivisions that employ law enforcement officers in the state, notify the appropriate officials of the standards of employment and preparatory and recertification training established by the board, and develop appropriate procedures whereby acceptable evidence of compliance with the board’s employment and preparatory and recertification training standards may be submitted.

165.86(1)(c) (c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under s. 165.85 (4) (d).

165.86(2) (2) 

165.86(2)(a) (a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and juvenile detention officers in this state.

165.86(2)(b) (b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention of persons under s. 51.15 and emergency protective placement under s. 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention and emergency protective placement by cooperating with county departments of community programs in the development of these courses under s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.

165.86 History History: 1985 a. 29; 1987 a. 366; 1989 a. 31; 1993 a. 460; 1997 a. 88; 2005 a. 264; 2007 a. 97; 2013 a. 214.

165.87 165.87 Body cameras and law enforcement.

165.87(1) (1) If a law enforcement agency uses a body camera on a law enforcement officer, the law enforcement agency shall do all of the following:

165.87(1)(a) (a) Administer a written policy regarding all of the following:

165.87(1)(a)1. 1. The use, maintenance, and storage of body cameras and data recorded by the body cameras.

165.87(1)(a)2. 2. Any limitations the law enforcement agency imposes on which law enforcement officers may wear a body camera.

165.87(1)(a)3. 3. Any limitations the law enforcement agency imposes on situations, persons, or encounters that may be recorded by a body camera.

165.87(1)(b) (b) Train all law enforcement officers wearing a body camera on the policy under par. (a) and on the requirements under sub. (2).

165.87(1)(c) (c) Train all employees that use, maintain, store, or release data from a body camera on the policy under par. (a) and on the requirements under subs. (2) and (3).

165.87(1)(d) (d) Periodically review practices regarding the body cameras and data from body cameras to ensure compliance with the policy under par. (a) and the requirements under subs. (2) and (3).

165.87(1)(e) (e) If the law enforcement agency maintains an Internet site or has an Internet site maintained on its behalf, make the policy under par. (a) available to the public on the Internet site.

165.87(2) (2) 

165.87(2)(a) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera used on a law enforcement officer shall be retained for a minimum of 120 days after the date of recording.

165.87(2)(b) (b) Data from a body camera used on a law enforcement officer that record any of the following shall be retained until final disposition of any investigation, case, or complaint to which the data pertain, except as provided in pars. (c) and (d):

165.87(2)(b)1. 1. An encounter that resulted in the death of any individual or actual or alleged physical injury to an individual.

165.87(2)(b)2. 2. An encounter that resulted in a custodial arrest.

165.87(2)(b)3. 3. A search during an authorized temporary questioning as provided in s. 968.25.

165.87(2)(b)4. 4. An encounter that included the use of force by a law enforcement officer, unless the only use of force was the use of a firearm to dispatch an injured wild animal.

165.87(2)(c) (c) Retention beyond the period determined under par. (a) or (b) may be directed by a law enforcement officer or law enforcement agency, a board of police and fire commissioners, a prosecutor, a defendant, or a court that determines that the data have evidentiary value in a prosecution. A person making a preservation directive under this paragraph shall submit the directive to the law enforcement agency having custody of the record within 120 days after the date of recording.

165.87(2)(d) (d) Data from a body camera used on a law enforcement officer that are used in a criminal, civil, or administrative proceeding may not be destroyed except upon final disposition, including appeals, a determination from the court or hearing examiner that the data are no longer needed, or an order from the court or hearing examiner.

165.87(2)(e) (e) Notwithstanding pars. (a) to (d), data from a body camera used on a law enforcement officer may not be destroyed during the period specified in s. 19.35 (5).

165.87(3) (3) 

165.87(3)(a) (a) In this subsection:

165.87(3)(a)1. 1. “Authority” has the meaning given in s. 19.32 (1).

165.87(3)(a)2. 2. “Record subject” means an individual recorded by a body camera used on a law enforcement officer to whom all of the following apply:

165.87(3)(a)2.a. a. The individual is depicted in the recording, or the individual’s voice is audible in the recording.

165.87(3)(a)2.b. b. The individual’s identity is known to the law enforcement agency.

165.87(3)(a)2.c. c. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer’s presence in the location that was recorded.

165.87(3)(a)2.d. d. The individual is not a law enforcement officer who was acting in an official capacity, unless a crime or other violation of law has been committed or is alleged to have been committed against the law enforcement officer while the law enforcement officer was present at the location that was recorded.

165.87(3)(a)3. 3. “Requester” has the meaning given in s. 19.32 (3).

165.87(3)(b) (b) Data from a body camera used on a law enforcement officer are subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (c).

165.87(3)(c) (c)

165.87(3)(c)1. 1. It shall be the public policy of this state to maintain the privacy of a record subject who is a victim of a sensitive or violent crime or who is a minor and that access to data from a body camera used on a law enforcement officer that record such a record subject shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision regarding the privacy of a record subject who is a victim of a sensitive or violent crime does not apply if the record subject, or his or her next of kin if the record subject is deceased, does not object to granting access to the data. The presumption under this subdivision regarding the privacy of a record subject who is a minor does not apply if the parent or legal guardian of the record subject does not object to granting access to the data.

165.87(3)(c)2. 2. It shall be the public policy of this state to maintain the privacy of a record subject who is in a location where the record subject has a reasonable expectation of privacy and that access to data from a body camera used on a law enforcement officer that record a record subject in such a location shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision does not apply if the record subject does not object to granting access to the data.

165.87(3)(c)3. 3. If a requester believes that an authority has improperly made a decision to redact or deny access to data under subd. 1. or 2., the requester may pursue the remedies under s. 19.37 (1).

165.87(3)(d) (d) For purposes of requests under s. 19.35 (1) for access to data from a body camera used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s. 19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data.

165.87(3)(e) (e) Nothing in this subsection prohibits the release of data from a body camera under s. 175.47 (5) (b).

165.87 History History: 2019 a. 108; 2021 a. 240 s. 30.

165.875 165.875 Public safety peer counseling.

165.875(1) (1) Definitions. In this section:

165.875(1)(a) (a) “Agency” means a law enforcement agency, a tribal law enforcement agency, a fire protection or emergency medical services agency, or any other agency or entity, including a nonprofit organization, that employs, represents, or serves law enforcement officers, tribal law enforcement officers, correctional officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency medical responders, emergency medical services practitioners, public safety personnel, or ambulance service provider personnel.

165.875(1)(b) (b) “Ambulance service provider” has the meaning given in s. 256.01 (3).

165.875(1)(c) (c) “Communication” means an oral statement, written statement, note, record, report, or document made during or arising out of a meeting between a recipient of peer support services or critical incident stress management services and a peer support team member or a critical incident stress management services team member.

165.875(1)(d) (d) “Correctional officer” has the meaning given in s. 301.28 (1).

165.875(1)(e) (e) “Critical incident” means an actual or perceived event or situation that involves a crisis, disaster, trauma, or emergency.

165.875(1)(f) (f) “Critical incident stress management services” means services provided by a critical incident stress management services team or a critical incident stress management services team member to any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, or civilian employee or volunteer member of a law enforcement agency affected by a critical incident and designed to assist the individual affected by a critical incident to cope with critical incident stress or to mitigate reactions to critical incident stress. “Critical incident stress management services” includes any of the following:

165.875(1)(f)1. 1. Critical incident stress defusings.

165.875(1)(f)2. 2. Critical incident stress debriefings.

165.875(1)(f)3. 3. On-scene support services.

165.875(1)(f)4. 4. One-on-one support services.

165.875(1)(g) (g) “Critical incident stress management services team member” means any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, civilian employee or volunteer member of a law enforcement agency, or other person who has been trained in critical incident stress management services and officially designated by the agency head or the agency head’s designee to be a member of the agency’s critical incident stress management services team.

165.875(1)(h) (h) “Emergency medical responder” has the meaning given in s. 256.01 (4p).

165.875(1)(i) (i) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

165.875(1)(j) (j) “Fire fighter” means any person employed by the state or a political subdivision as a member or officer of a fire department or a member of a volunteer fire department, including the state fire marshal and deputies.

165.875(1)(k) (k) “Jail officer” has the meaning given in s. 165.85 (2) (bn).

165.875(1)(L) (L) “Juvenile detention facility” has the meaning given in s. 48.02 (10r).

165.875(1)(m) (m) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt).

165.875(1)(n) (n) “Law enforcement agency” means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

165.875(1)(o) (o) “Law enforcement officer” means any person employed by the state or a political subdivision 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 the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances. “Law enforcement officer” includes a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1).

165.875(1)(p) (p) “Peer support services” means any debriefing, defusing, on-scene, or one-on-one session provided by a peer support team member that provides emotional and moral support to any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, or civilian employee or volunteer member of a law enforcement agency affected by stress or an incident, whether personal or professional.

165.875(1)(q) (q) “Peer support team member” means any law enforcement officer, tribal law enforcement officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, civilian employee or volunteer member of a law enforcement agency, or other person who has been trained in peer support services and officially designated by the agency head or the agency head’s designee to be a member of the agency’s peer support team.

165.875(1)(r) (r) “Political subdivision” has the meaning given in s. 165.85 (2) (d).

165.875(1)(s) (s) “Public safety personnel” means an employee of a governmental entity who, by virtue of the person’s job duties, provides support to peace officers, including dispatchers, public safety telecommunicators, crime scene and crime laboratory technicians, and criminal analysts.

165.875(1)(t) (t) “Trained” means a person who has successfully completed an approved peer support training program or an approved critical incident stress management training program.

165.875(1)(u) (u) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).

165.875(1)(v) (v) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).

165.875(2) (2) Creation; operation.

165.875(2)(a) (a) The department of justice shall establish and implement a program for the establishment of peer support teams and critical incident stress management services teams. The department of justice shall organize a program of training for membership on a peer support team to provide peer support services.

165.875(2)(b) (b) In order to qualify as a peer support team member or a critical incident stress management services team member, an individual shall attend a peer support training program provided through the department of justice as described under par. (a) or, at a minimum, a training program by a credentialed health care provider who, through education, training, or experience, is qualified to provide peer support training or critical incident stress management services training. An individual may not provide peer support services or critical incident stress management services unless that individual successfully completes a peer support or critical incident stress management services training program.

165.875(2)(c) (c) The department of justice shall promulgate rules to implement this section, including all of the following:

165.875(2)(c)1. 1. Procedures for establishment of a peer support team or a critical incident stress management services team.