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Chapter Jus 12
CRIME VICTIM AND WITNESS ASSISTANCE PROGRAM
Jus 12.01   Description of the program.
Jus 12.02   Program plan.
Jus 12.03   Financial requirements.
Jus 12.04   Intergovernmental cooperation.
Jus 12.01Description of the program.
(1)Authority and purpose. This chapter is promulgated pursuant to s. 950.06 (5), Stats., for the purpose of administering the victim and witness assistance program.
(2)Applicability. This chapter applies to all county crime victim and witness assistance programs under ss. 950.055 and 950.06, Stats.
(3)Administration.
(a) Chapter 950, Stats., and this chapter shall be administered by a director appointed by the attorney general.
(b) The office of crime victim services in the department shall review and approve plans submitted by counties, provide reimbursement to counties in accordance with this chapter, and provide technical assistance to counties.
(c) The county board or its designee in each county shall administer the program plan submitted under s. Jus 12.02.
Note: Correspondence required by this chapter shall be addressed to Wisconsin Department of Justice, Office of Crime Victim Services, 17 West Main Street, Post Office Box 7951, Madison, WI 53707-7951.
(4)Definitions. In this chapter:
(a) “Child” has the meaning specified in s. 950.02 (1), Stats.
(b) “Crime” has the meaning specified in s. 950.02 (1m), Stats.
(c) “Department” has the meaning specified in s. 950.02 (2), Stats.
(d) “Family member” has the meaning specified in s. 950.02 (3), Stats.
(e) “Program” means a specified set of systematically delivered victim and witness services established by resolution of a county board and approved by the department.
(f) “Victim” has the meaning specified in s. 950.02 (4), Stats.
(g) “Witness” has the meaning specified in s. 950.02 (5), Stats.
History: Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; correction in (3) (c) under 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.
Jus 12.02Program plan.
(1)Submission, review and approval.
(a) If a county intends to claim reimbursement for the costs of providing services under this chapter, the county shall submit a program plan to the department for its approval prior to the beginning of the program. Two or more counties may submit a joint plan.
(b) The department may require the submission of an updated plan in whole or in part.
(c) Programs shall operate according to the approved program plan unless a plan revision is approved by the department under sub. (3).
(2)Contents.
(a) The program plan shall contain the following sections:
2. Levels of services to victims and witnesses that the county intends to provide;
3. Related personnel and agencies;
4. Proposed staffing for the program;
5. Proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services;
6. The county’s budget for implementing the program;
7. Civil rights assurance;
8. Copy of the county board resolution authorizing the program and plan submission; and
9. Other information required by the department.
(3)Revisions.
(a) A county may request approval from the department for program plan revisions. All such requests shall be made in writing to the program coordinator in the department’s office of crime victim services. If prior approval is not obtained, the department may reduce reimbursement to the county by the amount of unauthorized expenditures.
(b) Requests for approval of program plan revisions may be submitted at any time. The department may approve or deny a request upon review of availability of funds and compatibility of the requested revision with applicable law and this chapter.
(4)Agreement. Upon department approval of a county’s program plan, an agreement shall be established between the county and the department.
(5)Levels of services. No plan may be approved unless it provides all of the following services, except that the department may waive any of these requirements for cause:
Note: The department shall determine “cause” based upon grounds submitted by the county.
(a) Notification.
1. Programs shall provide notification services to all victims and witnesses who desire them. Notification services shall include case status, notification of subpoena cancellation, any known significant developments in the case, and final disposition.
2. Programs may develop an alert system whereby witnesses are permitted to remain at work, their places of residence, or other designated places, until their appearances in court are required.
3. Routine subpoena preparation and service otherwise normally done in the absence of a victim and witness assistance program is not a notification service for purposes of this chapter.
(b) Victim compensation referral.
1. Programs shall notify potentially eligible victims of violent crimes of the existence of the crime victim compensation program under ch. 949, Stats. Notification shall include an explanation of available benefits and application procedures.
2. Programs may assist potentially eligible crime victim compensation recipients in the completion and submission of their application forms.
3. Programs may advise crime victims of the merits of their crime victim compensation applications and assist them in gathering necessary information to perfect their claims.
(c) Social services referrals.
1. Programs shall provide information about and make appropriate referrals to agencies which provide support and other services.
2. Programs shall keep a listing of referral services, including eligibility requirements, services offered, hours of operation, location, telephone number, fee, and contact person, if known.
3. Programs shall refer witnesses of homicide and the family members of victims of homicide directly to appropriate available community service agencies in order to meet immediate and long term needs.
4. Programs may follow up referrals to service agencies in order to assure that the needs of victims, witnesses, and the families of homicide victims are met.
(d) Witness fee assistance.
1. Programs shall notify witnesses in a criminal justice proceeding of the existence of witness fees and the procedure to be followed in order to apply for and receive any witness fees to which they are entitled.
2. Programs may assist witnesses in applying for payment of witness fees.
(e) Public information.
1. Programs shall furnish to the general public and agencies that have contact with crime victims and witnesses information describing the victim and witness assistance services offered by the program and how to avail themselves of those services.
2. Programs may develop and make available informational brochures describing the rights of victims and witnesses, services provided through the program, and how to avail themselves of those services.
3. Programs may hold educational sessions with criminal justice and other related agencies in their jurisdictions in order to enhance understanding and cooperation among agencies, inform agencies of the rights and needs of victims and witnesses, and describe the services provided through the program.
4. Programs may initiate community public relations activities.
(f) Escort.
1. Programs shall provide information to victims and witnesses who request it on personal support services available to them while they are in court.
2. Programs may arrange accompaniment for witnesses throughout their court appearances.
(g) Transportation.
1. Programs shall inform victims and witnesses who request it of transportation services available related to participation in the investigation or prosecution of the crime and how to avail themselves of those services.
2. Transportation services shall include the provision of information regarding the location of the courthouse and available parking facilities.
3. Programs may provide transportation directly, when deemed necessary by program staff for the participation of victims and witnesses in criminal justice proceedings.
(h) Victim impact statements and restitution.
1. Programs shall inform victims of felonies of their right to provide the court with information pertaining to the economic, physical, and psychological effects of the crime upon them.
2. Programs may assist victims of felonies in developing victim impact statements to be provided to the court at the time of sentencing.
3. Programs may assist in the early gathering of restitution information for the purpose of providing the court and the district attorney with information pertaining to the economic effect of the crime upon the victim of a felony. The determination, verification, and collection of restitution are not victim services for purposes of this chapter.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.