Chapter 165

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.

165.88(3m) (3m) Grants to schools for interactive critical mapping data.

165.88(3m)(ac) (ac) In this subsection, “interactive critical mapping data” means interactive representations of a specific location that are verifiable, digital, shareable, and shown in real time.

165.88(3m)(am) (am) From the appropriation under s. 20.455 (2) (f), the department of justice shall award grants to school boards and governing bodies of private schools to assist them in complying with the requirement under s. 118.07 (4) (cf) to submit interactive critical mapping data to law enforcement agencies and the office of school safety.

165.88(3m)(b) (b) The department shall accept applications for the grants under this subsection from school district administrators, or governing bodies of private schools, that are working jointly with local law enforcement agencies with jurisdiction over the school.

165.88(3m)(c) (c) Grant moneys awarded under this subsection shall be used for site-specific interactive critical mapping data to enhance security and increase situational awareness for first responders. Any interactive critical mapping data created with grant money under this subsection shall be compatible with platforms and applications used by local, state, and federal public safety officials; may not require local, state, or federal public safety officials, school districts, or private schools to purchase additional software; and shall include information that can best assist first responders in an emergency, such as building numbers, floors, suite designations, room numbers, or other available relevant location information.

165.88(3m)(d) (d) The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under this subsection and the expenditures made with the grant moneys.

165.88(4) (4) Report. The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under sub. (2) and the expenditures made with the grant moneys.

165.88 History History: 2017 a. 143; 2021 a. 109; 2023 a. 199; s. 35.17 correction in (3m) (c).

165.89 165.89 Grants to certain counties for law enforcement programs.

165.89(1) (1) From the appropriation under s. 20.455 (2) (kq), the department shall provide grants to counties to fund county law enforcement services. The department may make a grant to a county under this section only if all of the following apply:

165.89(1)(a) (a) The county borders one or more federally recognized Indian reservations.

165.89(1)(b) (b) The county has not established a cooperative county-tribal law enforcement program under s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.

165.89(1)(c) (c) The county demonstrates a need for the law enforcement services to be funded with the grant.

165.89(1)(d) (d) The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.

165.89(2) (2) The department shall review an application and plan submitted under sub. (1) (d) to determine if the application and plan meet the requirements of sub. (1) (a) to (c) and the criteria established under sub. (3). The department may not award an annual grant in excess of $50,000 to any county under this section.

165.89(3) (3) 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.

165.89(4) (4) Notwithstanding subs. (1) and (2) and any criteria and procedures developed under sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under s. 20.455 (2) (kq) to fund law enforcement services.

165.89 History History: 2005 a. 25 ss. 88b, 2086s; Stats. 2005 s. 165.89.

165.90 165.90 County-tribal law enforcement programs.

165.90(1) (1) Any county that has one or more federally recognized Indian reservations within or partially within its boundaries may enter into an agreement in accordance with s. 59.54 (12) with an Indian tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) together with the plan.

165.90(2) (2) The joint program plan shall identify all of the following:

165.90(2)(a) (a) A description of the proposed cooperative county-tribal law enforcement program for which funding is sought, including information on the population and geographic area or areas to be served by the program.

165.90(2)(b) (b) The program’s need for funding under this section and the amount of funding requested.

165.90(2)(c) (c) The governmental unit that shall receive and administer aid and the method by which aid shall be disbursed. The joint program plan shall specify that either the tribe or the county shall receive and administer the full amount of the aid or that the tribe and the county each shall receive and administer specified portions of the aid.

165.90(2)(d) (d) The types of law enforcement services to be performed on the reservation and the persons who shall perform those services.

165.90(2)(e) (e) The person who shall exercise daily supervision and control over law enforcement officers participating in the program.

165.90(2)(f) (f) The method by which county and tribal input into program planning and implementation shall be assured.

165.90(2)(g) (g) The program’s policies regarding deputization, training and insurance of law enforcement officers.

165.90(2)(h) (h) The record-keeping procedures and types of data to be collected by the program.

165.90(2)(i) (i) Any other information required by the department or deemed relevant by the county and tribe submitting the plan.

165.90(3) (3) Upon request, the department shall provide technical assistance to a county and tribe in formulating a joint program plan.

165.90(3m) (3m) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department shall consider the following factors:

165.90(3m)(a) (a) The population of the reservation area to be served by the program.

165.90(3m)(b) (b) The complexity of the law enforcement problems that the program proposes to address.

165.90(3m)(c) (c) The range of services that the program proposes to provide.

165.90(4) (4) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (kt). Prior to January 15 of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (kt) to each eligible program the amount necessary to implement the plan. The department shall distribute the aid to the county, the tribe, or both, as specified in the joint program plan. Distribution of aid is subject to the following limitations:

165.90(4)(a) (a) A program may use funds received under s. 20.455 (2) (kt) only for law enforcement operations.

165.90(4)(b) (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

165.90(5) (5) Annually, on or before January 15, the department shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section to each of the following:

165.90(5)(a) (a) The chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

165.90(5)(b) (b) The governor.

165.90(5)(c) (c) The special committee on state-tribal relations under s. 13.83 (3).

165.90 History History: 1983 a. 523; 1987 a. 326; 1989 a. 31; 1995 a. 201; 1999 a. 9, 60; 2009 a. 74.

165.91 165.91 Grants to tribes for law enforcement programs.

165.91(1) (1) In this section, “tribe” means a federally recognized American Indian tribe or band in this state.

165.91(2) (2) 

165.91(2)(a) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe 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 par. (b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

165.91(2)(b) (b) The department shall develop criteria and procedures for use in administering this subsection. The department may not consider the grant under s. 165.91 (4), 2011 stats., when determining grant awards under this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

165.91 History History: 2005 a. 25 ss. 87t to 87v, 2088m; Stats. 2005 s. 165.91; 2007 a. 20; 2013 a. 20, 173.

165.92 165.92 Tribal law enforcement officers; powers and duties.