165.25(11) (11) Report on field prosecutor positions. The department of justice shall submit an annual report to the joint committee on finance regarding the field prosecutor attorney positions created under 2017 Wisconsin Act 261, section 13. The report shall describe the activities and assess the effectiveness of the attorneys in assisting the division of criminal investigation in the field offices of Wausau and Appleton and in assisting district attorneys in the prosecution of drug-related offenses.

165.25(12) (12) Representation arising from agreements with Minnesota. Represent any employee of the state of Minnesota who is named as a defendant in any civil action brought under the laws of this state as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state. Witness fees in any action specified in this subsection shall be paid in the same manner as provided in s. 885.07. The attorney general may compromise and settle any action specified in this subsection to the same extent as provided in sub. (6) (a).

165.25(13) (13) Juvenile justice improvement plan. Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974, P.L. 93-415. The department shall prepare a state comprehensive juvenile justice improvement plan. The plan shall be submitted to the governor, the joint committee on finance in accordance with s. 16.54, and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state’s juvenile justice needs and problems.

165.25(14) (14) Cooperation and assistance. Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.

165.25(15) (15) Contracts and expenditures. Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.

165.25(16) (16) Rules regarding concealed weapons licenses. Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac).

165.25(18) (18) Crime laboratories; deoxyribonucleic acid analysis. Determine the amount required to fund the appropriation account under s. 20.455 (2) (Lm).

165.25(19) (19) Crime laboratories; deoxyribonucleic acid analysis surcharges. If the appropriation account under s. 20.455 (2) (Lp) is anticipated to go into deficit, promptly notify the joint committee on finance in writing of the anticipated deficit.

165.25(20) (20) Report on execution of search warrants at physical premises. No later than July 1 of each year, submit a report to the legislature under s. 13.172 (2) on the issuance and execution of search warrants at physical premises by law enforcement agencies in the prior calendar year. The department shall collect any relevant information from law enforcement agencies in order to prepare the report by providing all reporting officials with instructions that specify the nature of the information required, the time it is to be forwarded, the method of classifying it, and any other matters that facilitate collection and compilation of the relevant information, and 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 requested. The report shall include, by jurisdiction, all of the following information for the preceding calendar year:

165.25(20)(a) (a) The total number of search warrants that were issued and denied.

165.25(20)(b) (b) Of the search warrants that were issued, the number that requested explicit authorization of an unannounced entry, and of those that requested explicit authorization of an unannounced entry, the number that explicitly authorized and the number that declined to authorize an unannounced entry.

165.25(20)(c) (c) Of the search warrants that declined to authorize an unannounced entry, the number of search warrants that were executed with an announced entry and the number that were executed with an unannounced entry.

165.25(20)(d) (d) Of the search warrants that declined to authorize an unannounced entry that were executed with an unannounced entry, all of the following information:

165.25(20)(d)1. 1. The number of warrants for which a return under s. 968.17 was accompanied by a written inventory of property taken as provided under s. 968.17 (1).

165.25(20)(d)2. 2. The number of warrant executions that resulted in great bodily harm, as defined in s. 939.22 (14), to any person, or the death of any person.

165.25(20)(d)3. 3. The age, race, and gender of any primary suspect who was present at the warrant’s execution.

165.25(20)(e) (e) Of the search warrants that explicitly authorized an unannounced entry, the number of search warrants that were executed with an announced entry and the number that were executed with an unannounced entry.

165.25(20)(f) (f) Of the search warrants that explicitly authorized an unannounced entry, the type of suspected crime for which it was sought.

165.25(20)(g) (g) Of the search warrants that explicitly authorized an unannounced entry and were executed with an unannounced entry, all of the following information:

165.25(20)(g)1. 1. The number of warrants for which a return under s. 968.17 was accompanied by a written inventory of property taken as provided under s. 968.17 (1).

165.25(20)(g)2. 2. The number of warrant executions that resulted in great bodily harm, as defined in s. 939.22 (14), to any person, or the death of any person.

165.25(20)(g)3. 3. The age, race, and gender of any primary suspect who was present at the warrant’s execution.

165.25(21) (21) Maintain a database of emergency contact information for providers of electronic communication services. Maintain a database of electronic communication services provider emergency contact information submitted under s. 968.373 (8s) in order to facilitate a request from a law enforcement agency or tribal law enforcement agency for information under s. 968.373, and distribute the information maintained under this subsection on a quarterly basis, or immediately as changes occur, to all law enforcement agencies, tribal law enforcement agencies, and public safety answering points in this state.

165.25 History History: 1971 c. 125 s. 522 (1); 1971 c. 215; 1973 c. 333; 1975 c. 81, 199; 1977 c. 29 s. 1656 (27); 1977 c. 187, 260, 273, 344; 1981 c. 20, 62, 96; 1983 a. 27; 1983 a. 36 s. 96 (2), (3), (4); 1983 a. 192; 1985 a. 29, 66; 1987 a. 416; 1989 a. 31, 115, 187, 206, 359; 1991 a. 25, 39, 269; 1993 a. 27, 28, 365; 1995 a. 27 ss. 4453 to 4454m, 9126 (19); 1995 a. 201; 1997 a. 27, 111; 2001 a. 16; 2003 a. 111, 235; 2005 a. 96, 458; 2007 a. 1; 2007 a. 20 ss. 2904, 9121 (6) (a); 2007 a. 76, 79, 96, 130, 225; 2009 a. 2, 28, 42; 2011 a. 32, 35; 2013 a. 20 ss. 164, 166, 167, 180, 1904m; 2013 a. 166 s. 76; 2013 a. 173, 223, 241; 2015 a. 55, 118; 2017 a. 59, 261, 337, 369; 2021 a. 183; 2023 a. 232; s. 35.17 correction in (12).

165.25 Annotation It would be nonsensical to interpret sub. (1m) as prohibiting the state from entering into a contract with special counsel under which litigation expenses that would normally be paid for with taxpayer dollars are instead paid for by special counsel who agrees to recover the expense only from defendants through an award of costs. State v. Abbott Laboratories, 2013 WI App 31, 346 Wis. 2d 565, 829 N.W.2d 753, 10-0232.

165.25 Annotation On the facts of this case, the superintendent of public instruction and the Department of Public Instruction were entitled to counsel of their choice and were not required to be represented by the Department of Justice. Koschkee v. Evers, 2018 WI 82, 382 Wis. 2d 666, 913 N.W.2d 878, 17-2278.

165.25 Annotation Certain institutional interests of the legislature were sufficient to defeat a facial challenge to the provisions of this section authorizing legislative intervention in certain cases and those requiring legislative consent to defend and prosecute certain cases. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.

165.25 Annotation For the attorney general to prosecute violations of the election, lobby, and ethics laws, there must be a specific statute authorizing the attorney general to independently initiate the prosecution of civil and criminal actions involving violations of those laws unless there is a referral to the attorney general by the Government Accountability Board under s. 5.05 (2m) (c) 16. or unless the attorney general or an assistant attorney general has been appointed as special prosecutor to serve in lieu of the district attorney. OAG 10-08.

165.25 Annotation The Powers of the Attorney General in Wisconsin. Van Alstyne & Roberts. 1974 WLR 721.