Chapter 165

165.25(6m) (6m) Attorney for state witnesses. At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employee or agent who is required to appear as a witness in any administrative or civil matter.

165.25(7) (7) Keep record of actions. The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with s. 16.61.

165.25(8) (8) Historical society contracts. In subs. (1), (1m), (6) and (6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employee or agent of such a corporation as a state official, employee or agent.

165.25(8m) (8m) Local emergency planning committees. In subs. (1), (1m), (6) and (6m), treat any local emergency planning committee appointed by a county board under s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employee or agent.

165.25(9) (9) Perform other duties. The department of justice shall perform all other duties imposed upon the department by law.

165.25(10) (10) Report on restitution. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the number of persons to whom the department of justice paid restitution and the total amount that the department of justice paid to all recipients during the reporting period; and the department of justice’s methodology for selecting recipients and determining the amount paid to each recipient.

165.25(10m) (10m) Report on grants. Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. 165.95, 165.955, 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

165.25(10m)(a) (a) The amount of each grant awarded by the department of justice for the previous fiscal year.

165.25(10m)(b) (b) The grant recipient to whom each grant was awarded.

165.25(10m)(c) (c) The methodology used by the department of justice to choose grant recipients and to determine the level of grant funding for each grant recipient.

165.25(10m)(d) (d) Performance measures created by the department of justice for each grant program.

165.25(10m)(e) (e) Reported results from each grant recipient in each fiscal year as to the attainment of performance measures the department of justice developed for the grant recipient.

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.

165.255 165.255 Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under s. 980.02 (1), represent the state in sexually violent person commitment proceedings under ch. 980.

165.255 History History: 1993 a. 479.

165.26 165.26 Department of justice may have cases printed. In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in s. 20.455 (1) (d).

165.26 History History: 1971 c. 125 s. 522 (1); 1977 c. 29 s. 1656 (27); 1977 c. 187 s. 85; Stats. 1977 s. 165.26.

165.28 165.28 Office of school safety. The office of school safety shall do all of the following:

165.28(1) (1) In conjunction with the department of public instruction, create model practices for school safety. The department of public instruction shall provide any resources or staff requested by the office to create the model practices. The office shall also consult the Wisconsin School Safety Coordinators Association and the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center.

165.28(2) (2) Coordinate with schools under s. 118.07 (4) (cf) and the department of administration to compile blueprints or interactive critical mapping data, as defined in s. 165.88 (3m) (ac), for all schools. The office shall keep all blueprints and data confidential unless a law enforcement agency requests access.

165.28(3) (3) Offer, or contract with another party to offer, training to school staff on school safety. Training subjects may include trauma informed care and how adverse childhood experiences have an impact on a child’s development and increase needs for counseling or support. If a school receives under s. 165.88 (2) (b) a grant for the training under this subsection, the office may charge a fee for the training.

165.28 History History: 2017 a. 143; 2021 a. 109; 2023 a. 199.

165.29 165.29 Human trafficking council.

165.29(1) (1) The human trafficking council shall do all of the following:

165.29(1)(a) (a) Compile and maintain an inventory of human trafficking prevention programs and services in this state and develop, maintain, and keep current an online database to share information among counties, law enforcement agencies, state agencies that have responsibilities relating to sex trafficking, and organizations that provide human trafficking prevention programs and services or victim support programs and services. The database shall include an online portal that is accessible by each such entity.

165.29(1)(b) (b) Beginning on July 1, 2028, and once every 3 years thereafter, define, review, and assess the efficacy of the expenditure of state funds allocated to human trafficking prevention.

165.29(1)(c) (c) Compile data on human trafficking offenses committed in this state using metrics the council determines to be of use, including at a minimum the annual number of arrests, prosecutions, and convictions for human trafficking offenses under s. 940.302 or 948.051.

165.29(1)(d) (d) Assess sex trafficking activities in each county, establish criteria to be used as the basis for recommendations to counties, and make recommendations to counties as to whether a human trafficking task force should be established in that county or that a law enforcement agency in that county designate a law enforcement officer to coordinate the law enforcement agency’s human trafficking prevention and enforcement efforts.

165.29(1)(e) (e) Assess the regulation and oversight of facilities that provide residential care in a congregate living environment, including community-based residential facilities, as defined in s. 50.01 (1g), and group homes licensed under s. 48.625, as it relates to victims of human trafficking.

165.29(1)(f) (f) Assess the frequency and extent to which social media platforms are used to assist, facilitate, or support human trafficking in this state; establish a process to detect such use on a consistent basis; and develop recommendations on how to stop, reduce, or prevent social media platforms from being used for human trafficking purposes.

165.29(1)(g) (g) Develop a state strategic plan for preventing human trafficking, providing resources for law enforcement initiatives, providing resources to organizations that provide human trafficking prevention programs and services or human trafficking victim support services programs and services, and creating or providing access to relevant training programs for law enforcement or such organizations.

165.29(1)(h) (h) In consultation with the department of justice, develop a model protocol for interviewing and interacting with individuals who are victims of human trafficking offenses under s. 940.302 or 948.051.

165.29(1)(i) (i) Develop a model training program for counties relating to reducing interest in solicitation by individuals who solicit or facilitate commercial sex acts.

165.29(1)(j) (j)

165.29(1)(j)1. 1. By July 1 of each year, submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) and post on the department of administration’s and department of justice’s websites a report that summarizes the data collected by the council during the previous year, the activities of the council during the previous year, and any obstacles that prevented the council from successfully carrying out its duties during the previous year.

165.29(1)(j)2. 2. In the 3rd report submitted under subd. 1., include a recommendation as to whether the council should continue to operate after June 30, 2029, and recommendations relating to moving the council’s ongoing initiatives to state agencies or counties or other local units of governments.

165.29(2) (2) The human trafficking council may request from, and the department of administration and department of justice shall collaborate to provide, any data necessary to carry out the human trafficking council’s duties under sub. (1).

Effective date note NOTE: This section is created eff. 7-1-25 by 2023 Wis. Act 239. This section is repealed eff. 6-30-29 by 2023 Wis. Act 239.

165.29 History History: 2023 a. 239.

165.30 165.30 Collection of delinquent obligations.

165.30(1) (1) Definitions. In this section:

165.30(1)(a) (a) “Departments” has the meaning given in s. 16.002 (2).

165.30(1)(b) (b) “Obligation” includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.

165.30(2) (2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.

165.30(3) (3) Collection proceeds.

165.30(3)(a) (a) All obligations collected by the department of justice under this section shall be paid to the secretary of administration and deposited in the appropriate fund.

165.30(3)(b) (b) From the amount of obligations collected by the department of justice under this section, the secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).

165.30 History History: 1995 a. 27; 2003 a. 33.

165.40 165.40 Acquisition of hospitals.

165.40(1) (1) Definitions. In this section:

165.40(1)(a) (a) “Acquisition” means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following:

165.40(1)(a)1. 1. A change of at least 20 percent ownership or control.

165.40(1)(a)2. 2. Possession by the person of at least 50 percent ownership or control.

165.40(1)(am) (am) “Department” means the department of health services.

165.40(1)(b) (b) “Hospital” has the meaning given in s. 50.33 (2).

165.40(1)(c) (c) “Local agency” means an agency of a county, city, village or town.

165.40(1)(d) (d) “Nonprofit corporation” has the meaning given in s. 181.0103 (17).

165.40(1)(dm) (dm) “Office” means the office of the commissioner of insurance.

165.40(1)(e) (e) “Person” means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.

165.40(1)(f) (f) “State agency” has the meaning given in s. 16.004 (12) (a), except that it includes the University of Wisconsin Hospitals and Clinics Authority.

165.40(1)(g) (g) “Working day” has the meaning given in s. 227.01 (14).