Chapter 165

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.

165.875(2)(c)2. 2. Procedures for designation of individuals to be peer support team members, critical incident stress management services team members, or both.

165.875(2)(d) (d)

165.875(2)(d)1. 1. An agency may establish a peer support team and, if a peer support team is established, shall develop written guidelines for the peer support team and its peer support team members.

165.875(2)(d)2. 2. An agency may establish a critical incident stress management services team and, if a critical incident stress management services team is established, shall develop written guidelines for the critical incident stress management services team and its critical incident stress management services team members.

165.875(2)(d)3. 3. No agency may establish or maintain a peer support team or critical incident stress management services team unless the agency complies with rules promulgated under this section.

165.875(2)(f) (f) Subject to par. (g), in accordance with s. 905.095, a peer support team member or critical incident stress management services team member may refuse to disclose communications made by a person receiving peer support services or critical incident stress management services, including individual or group support sessions.

165.875(2)(g) (g) Paragraph (f) applies only to communications made during interactions conducted by a peer support team member or critical incident stress management services team member who is doing all of the following:

165.875(2)(g)1. 1. Acting in the team member’s capacity as a peer support team member or critical incident stress management services team member.

165.875(2)(g)2. 2. Functioning within the written peer support guidelines or critical incident stress management services guidelines that are in effect for the team member’s respective agency.

165.875(2)(h) (h) Subject to the requirements under par. (g), communications made by a person receiving or providing peer support services or critical incident stress management services, including communications made during or arising out of individual or group support sessions, are not open to public inspection, copying, or disclosure under s. 19.35.

165.875(2)(i) (i) This section does not apply if any of the following are true:

165.875(2)(i)1. 1. A peer support team member or a critical incident stress management services team member was a witness or a party to the incident that prompted the delivery of peer support services or critical incident stress management services.

165.875(2)(i)2. 2. Information received by a peer support team member or a critical incident stress management services team member is indicative of actual or suspected child abuse or actual or suspected child neglect.

165.875(2)(i)3. 3. The person receiving peer support services or critical incident stress management services is a clear and immediate danger to himself or herself or others.

165.875(2)(i)4. 4. Communication to a peer support team member or a critical incident stress management services team member provides evidence that the person who is receiving the peer support services or critical incident stress management services has committed a crime, plans to commit a crime, or intends to conceal a crime.

165.875(3) (3) Liability exemption.

165.875(3)(a) (a) Except as otherwise provided in par. (b), a peer support team or peer support team member or a critical incident stress management services team or critical incident stress management services team member providing peer support services or critical incident stress management services, respectively, is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to a peer support team member’s or critical incident stress management services team member’s act, error, or omission in performing peer support services or critical incident stress management services.

165.875(3)(b) (b) Paragraph (a) does not apply to an action for medical malpractice.

165.875 History History: 2023 a. 220.

165.88 165.88 Grants for school safety.

165.88(1) (1) Definitions. In this section:

165.88(1)(a) (a) “Independent charter school” means a charter school established under s. 118.40 (2r) or (2x).

165.88(1)(b) (b) “Private school” has the meaning given in s. 115.001 (3r).

165.88(1)(c) (c) “School board” has the meaning given in s. 115.001 (7).

165.88(1)(d) (d) “Tribal school” has the meaning given in s. 115.001 (15m).

165.88(2) (2) Grants for school safety.

165.88(2)(a) (a) From the appropriation under s. 20.455 (2) (f), the department of justice shall award grants for expenditures related to improving school safety. The department shall accept applications for a grant under this subsection from school boards, operators of independent charter schools, governing bodies of private schools, and tribal schools.

165.88(2)(b) (b) The department of justice, in consultation with the department of public instruction, shall develop a plan for use in awarding grants under this subsection. The department of justice shall include in the plan a description of what types of expenditures are eligible to be funded by grant proceeds. Eligible expenditures shall include expenditures to comply with the model practices created in s. 165.28 (1); expenditures for training under s. 165.28 (3); expenditures for safety-related upgrades to school buildings, equipment, and facilities; and expenditures necessary to comply with s. 118.07 (4) (cf). Notwithstanding s. 227.10 (1), the plan need not be promulgated as rules under ch. 227.

165.88(3) (3) Application requirements. An application submitted for a grant under sub. (2) shall include all of the following:

165.88(3)(a) (a) A school safety plan.

165.88(3)(b) (b) Blueprints or interactive critical mapping data, as defined in sub. (3m) (ac), for each school building and facility or, if blueprints or the data were already submitted, a certification that the items submitted are current.

165.88(3)(c) (c) A proposed plan of expenditure of the grant moneys.