Tribal law enforcement officers; powers and duties

Wis. Stat. § 165.92 — under DEPARTMENT OF JUSTICE.

Wis. Stat. § 165.92

165.92 Tribal law enforcement officers; powers and duties. (1) DEFINITIONS. In this section: (a) “Reservation lands” means all lands within the exterior boundaries of an Indian reservation in this state. (b) “Tribal law enforcement officer” means a person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances and who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances. (c) “Tribe” means a federally recognized Indian tribe or band in this state. (d) “Trust lands” means any lands in this state held in trust by the United States government for the benefit of a tribe or a member of a tribe. (2) POWERS AND DUTIES. (a) A tribal law enforcement officer who meets the requirements of s. 165.85 (4) (a) 1., 2., and 7. shall have the same powers to enforce the laws of the state and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under ss. 59.27 and 59.28 and under the common law, and shall perform the duties accepted under s. 165.85 (3) (c). (b) Except as provided in par. (c) and s. 175.40, the powers and duties described under par. (a) may be exercised or performed by a tribal law enforcement officer only on the reservation of the tribe or on trust lands held for the tribe or for a member of the tribe that employs the officer. (c) Any tribal law enforcement officer making an arrest under the authority of this subsection may transport the arrested person to the jail or other detention facility of the county in which the arrest took place or to another jail or detention facility agreed upon by the tribe and the county in which the arrest took place. (3) LIABILITY. Except as provided in s. 175.40 (6m) (c) 1. and unless otherwise provided in a joint program plan under s. 165.90 (2) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts and omissions of the officer while acting within the scope of his or her employment, and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2). (3m) REQUIREMENTS. No tribal law enforcement officer may exercise or perform the powers or duties described under sub. (2) (a) unless all of the following apply: (a) One of the following: 1. The governing body of the tribe that employs the officer adopts and has in effect a resolution that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under sub. (3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe’s liability under sub. (3). 2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following:

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a. Covers the tribal law enforcement agency for its liability under sub. (2) and s. 66.0513. b. Has a limit of coverage not less than $2,000,000 for any occurrence. c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy. (b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under par. (a) 1. or proof of insurance under par. (a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies. (4) DEPUTIZATION BY SHERIFF. Nothing in this section limits the authority of a county sheriff to depute a tribal law enforcement officer under s. 59.26 (5), including the authority to grant law enforcement and arrest powers outside the territory described in sub. (2) (b). Deputization of a tribal law enforcement officer by a sheriff shall not limit the powers and duties granted to the officer by sub. (2). History: 1993 a. 407; 1995 a. 201; 2009 a. 232; 2013 a. 214. NOTE: 1993 Wis. Act 407, which created this section, contains extensive explanatory notes.

165.93 Sexual assault victim services; grants. (1) DEFINITIONS. In this section: (a) “Department” means the department of justice. (b) “Sexual assault” means conduct that is in violation of s. 940.225, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.072, 948.08, 948.085, 948.09 or 948.10. (e) “Victim” means an individual who has been sexually assaulted, regardless of whether the sexual assault has been reported to any governmental agency. (2) GRANTS. (a) The department shall provide grants to eligible organizations from the appropriations under s. 20.455 (5) (e) and (gj) to provide services for sexual assault victims. (b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria: 1. The organization is a nonprofit corporation or a public agency. 2. The organization provides or proposes to provide, either directly or through a contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals, all of the following for sexual assault victims: a. Advocacy and counseling services. b. Crisis telephone line services on a 24 hours per day and 7 days per week basis. c. Professional education about intervention for sexual assault victims and community education programs for the prevention of sexual assault. d. Services for persons living in rural areas, men, children, elderly persons, physically disabled persons, minority groups and other groups of victims that have special needs. This subdivision does not require the applicant to provide services to any group of persons that does not reside in the applicant’s service area. 3. The organization does not receive more than 70 percent of its operating budget from grants under this section. 4. The organization does not provide all of its services under subd. 2. a. to d. by contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals. (c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following:

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1. The need for sexual assault victim services in the community in which the applicant provides services or proposes to provide services. 2. The degree to which the applicant’s services or proposed services are coordinated with other resources in the community and state. 3. The needs of urban and rural communities. 4. The needs of existing and proposed programs and services. (3) REPORTING REQUIREMENTS. An organization that receives a grant under this section shall report all of the following information to the department for each fiscal year covered by the grant: (a) The total expenditures that the organization made on sexual assault victim services in the period for which the grant was provided during that fiscal year. (b) The number of persons served by general type of sexual assault victim services provided in the period for which the grant was provided during that fiscal year. The department shall identify for organizations the general types of sexual assault services provided. (c) The number of persons who requested sexual assault victim services in the period for which the grant was provided during that fiscal year but who did not receive the sexual assault victim services that they requested. (4) LIST OF ELIGIBLE ORGANIZATIONS. (a) The department shall certify to the elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2). (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2). History: 1993 a. 16, 227; 1995 a. 225; 2005 a. 253, 277, 278; 2007 a. 1; 2013 a. 20, 323; 2015 a. 118; 2025 a. 88.

165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders. (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse. History: 2023 a. 19.

165.94 Global positioning system pilot programs; grants. (1) From the appropriation under s. 20.455 (5) (br), the department of justice shall provide grants to counties to establish a global positioning system tracking program for persons who are subject to a temporary restraining order or injunction under s. 813.12 or 813.125. (3) Two or more counties may jointly establish and administer a program and apply for and receive a grant under this section. History: 2013 a. 20.

165.95 Alternatives to incarceration; grant program. (1) In this section: (ag) “Tribe” has the meaning given in s. 165.91 (1). (bg) “Violent offender” means a person to whom one of the following applies: 1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm. 2. The person has one or more prior convictions for a felony

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involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm. (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall collaborate with the department of corrections and the department of health services in establishing this grant program. (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant. (3) A county or tribe shall be eligible for a grant under sub. (2) if all of the following apply: (a) The county’s or tribe’s program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person’s use or abuse of alcohol or other drugs. (b) The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants. (c) The program establishes eligibility criteria for a person’s participation. The criteria shall specify that a violent offender is not eligible to participate in the program. (cd) Subject to par. (cg), the program does not prohibit a person from beginning or continuing participation in the program because he or she uses a medication that is approved by the federal food and drug administration for the treatment of his or her substance use disorder. (cg) The program allows a participant to use a medication that is approved by the federal food and drug administration if all of the following are true: 1. A licensed health care provider, acting in the scope of his or her practice, has examined the person and determined that the person’s use of the medication is an appropriate treatment for the person’s substance use disorder. 2. The medication was appropriately prescribed by a person authorized to prescribe medication in the state. 3. The person is using the medication as prescribed as part of treatment for a diagnosed substance use disorder. (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management. (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment. (f) The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations. (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant’s substance abuse treatment providers, other service providers, the case man-

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ager, and any person designated under the program to monitor the person’s compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant. (h) The program provides substance abuse and mental health treatment services through providers that are certified by the department of health services. (i) The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services. (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse treatment providers. (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b). (4) In implementing a program that meets the requirements of sub. (3), a tribe or a county department may contract with or award grants to a religious organization under s. 59.54 (27). (5) (a) A county or tribe that receives a grant under this section shall create an oversight committee to advise the county or tribe in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county or tribe. (b) A county or tribe that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the oversight committee created under par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f). (bg) A county or tribe that receives a grant under this section shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project and prepare the reports under sub. (5p). (5m) In a program funded by a grant under this section, if urine collection for the purposes of a drug test results in the exposure of a program participant’s genitals, pubic area, buttock or anus, all of the following must apply: (a) The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant. (b) During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection. (c) The urine collection is not reproduced through a visual or sound recording.

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(d) The program participant’s genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection. (e) All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing. (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall make the report available to the public. (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) shall consist of representatives from each county or tribe. (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made. (7m) Beginning in fiscal year 2012-13, the department of justice shall, every 5 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section. (8) The department of justice shall assist a county or tribe receiving a grant under this section in obtaining funding from other sources for its program. (9) The department of justice shall inform any county or tribe that is applying for a grant under this section whether the county or tribe meets the requirements established under sub. (3), regardless of whether the county or tribe receives a grant. (10) The department of justice shall evaluate every 2 years, the grant program established under this section. History: 2013 a. 20 ss. 177, 1944; 2013 a. 197; Stats. 2013 s. 165.95; 2015 a. 388; 2017 a. 59, 351; 2019 a. 9; 2021 a. 240 s. 30; 2023 a. 19; 2025 a. 129. This section does not create a fundamental liberty interest. It is a funding statute and, as such, does not need to provide expulsion procedures to survive a procedural due process challenge. State v. Keister, 2019 WI 26, 385 Wis. 2d 739, 924 N.W.2d 203, 17-1618.

165.955 Drug court; grant program. (1) In this section, “drug court” means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing. (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts. History: 2013 a. 20.

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165.957 Frequent testing for use of alcohol or a controlled substance; pilot program. (1) In this section: (a) “Controlled substance” has the meaning given in s. 961.01 (4). (b) “Testing” means a procedure for determining the presence and level of alcohol or a controlled substance in an individual’s blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring. (2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it. (3) The department of justice may, by rule, establish the following: (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b. (b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a). (c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6). (4) Each frequent sobriety testing program shall meet all of the following criteria: (a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies: 1. The person is ordered by a judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation or deferred prosecution, release to parole, or release to extended supervision, to totally abstain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation, release to parole, or release to extended supervision. 2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1) (a), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1) (a), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. (b) 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable. 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

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2m. Any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. shall be tested as required under 23 USC 405 (d) (7) (A) (ii) and regulations adopted thereunder. (c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her bond, release under s. 969.01 (1) (a), probation or deferred prosecution, or of his or her release to parole or extended supervision. (d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant’s ability to pay. Each county may establish fees that are consistent with any standard established under sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program. (5) (a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under sub. (7). (b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under s. 20.455 (2) (gu). (6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under sub. (2) shall, annually, provide the following information to the department of justice: (a) The number of participants in the program. (b) The costs associated with the program. (c) The failure or dropout rate of participants. (d) Other information requested by the department of justice. (7) (a) Not later than June 30, 2016, the department of justice shall provide to the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report. (b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report shall include all of the following information relating to the prior year’s frequent sobriety testing programs: 1. A list of counties designated under sub. (2) that established a frequent sobriety testing program. 2. The number of participants in each county’s frequent sobriety testing program. 3. A description of each county’s frequent sobriety testing program. 4. The recidivism rates for participants in each county’s frequent sobriety testing program. (c) By January 15, 2021, the department of justice shall submit a final report to the legislature under s. 13.172 (2) that includes all of the information required under par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified. (8) The department of justice may use the emergency rules

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procedure under s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section. (9) This section does not apply after June 30, 2021. History: 2015 a. 55, 389; 2023 a. 3.

165.96 Child advocacy grants. From the appropriation under s. 20.455 (5) (ke), the department of justice shall in each fiscal year award grants to each of the following child advocacy centers to enhance the multidisciplinary response to suspected child maltreatment: (1) Care House in Rock County. (2) Milwaukee Child Advocacy Center in Milwaukee County. (3) Safe Harbor in Dane County. (4) Kenosha County Child Advocacy Center in Kenosha County. (5) Fox Valley Child Advocacy Center in Outagamie County. (6) Stepping Stones in La Crosse County. (7) CARE Center in Waukesha County. (8) Child Advocacy Center of North Central Wisconsin in Marathon County. (9) Chippewa Valley Child Advocacy Center in Eau Claire County. (10) Willow Tree Cornerstone Child Advocacy Center in Brown County. (11) Racine County Child Advocacy Center in Racine County. (12) Walworth County Child Advocacy Center in Walworth County. (13) Green County Child Advocacy Center in Green County. (14) Marshfield Child Advocacy Center in Wood County. (15) Lakeshore Regional Child Advocacy Center in Ozaukee County. (16) Lakeshore Regional Child Advocacy Center in Sheboygan County. (17) Child Advocacy Centers of Wisconsin. History: 2013 a. 20 s. 179; Stats. 2013 s. 165.96; 2021 a. 58; 2025 a. 13.

165.967 Court appointed special advocates; grants. (1) From the appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $250,000 to the Wisconsin Court Appointed Special Advocate Association. (2) Annually, the Wisconsin Court Appointed Special Advocate Association shall submit to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) a report describing the use of the funds received under sub. (1). History: 2015 a. 55; 2017 a. 59 ss. 2265, 9428 (1r) (b); 2017 a. 255; 2021 a. 238 s. 42.

165.98 Grants for body cameras for law enforcement officers. (1) In this section, “law enforcement agency” means an agency of a political subdivision of this state or of a federally recognized Indian tribe or band whose purpose is the detection and prevention of crime and enforcement of laws or ordinances and whose employees are authorized to make arrests for crimes or violations of ordinances. “Law enforcement agency” includes the Marquette University police department under s. 175.42. “Law enforcement agency” does not include an agency of the state. (1g) The department of justice shall award grants to law en-

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forcement agencies to enable the agencies to purchase body cameras for the law enforcement officers the agency employs. (2) A law enforcement agency may apply, or more than one law enforcement agency may jointly apply, to the department of justice for a grant under this section and shall include in the application all of the following: (a) A proposed plan of expenditure of the grant money, including the estimated cost per body camera and the number of body cameras needed. (b) A statement indicating that the applicant intends to match the amount of the grant awarded and agrees to maintain the equipment, replace the equipment as needed, and maintain adequate digital video storage for at least 3 years from the date of the award. (c) The amount of time that the applicant anticipates it will need after receiving the grant money before it is able to equip with a body camera all officers as required under sub. (3). (3) Notwithstanding a policy under s. 165.87 (1), a law enforcement agency that receives a grant under this section shall do all of the following for at least 3 years from the date of the award: (a) Equip with a body camera all officers who have primary duties involving traffic patrol, beat patrol, or responding to calls from the public requiring assistance. (b) Require an officer who is equipped with a body camera to activate the camera in situations in which the officer has an enforcement or investigative contact with a member of the public, including a traffic stop, arrest, search, interrogation, or interview, or in any other situation in which the officer has contact with a member of the public that becomes adversarial after the initial contact. (4) The department shall attempt to award grants to all law enforcement agencies that apply and qualify under sub. (2). If available funds are not sufficient to issue grants to all applicants, the department shall consider fairness among different population areas and need based on crime rates. (5) A law enforcement agency that receives a grant under this section shall use the grant funds in accordance with the following: (a) The funds may be used only to cover the cost of body cameras, digital storage, and retrieval systems. The funds may be used to purchase body cameras only for law enforcement officers under sub. (3) (a). The funds may not be used to hire employees or pay salaries. (b) The funds are intended to pay for half of the costs of the body cameras, and the grant recipients are to pay for the other half. The grant recipients may use contributions, gifts, or other grants as part or all of their matching amount requirement. (c) The funds may not supplant existing resources. History: 2021 a. 185.

165.981 Grants for data-sharing platforms for law enforcement. (1) In this section, “law enforcement agency” has the meaning given in s. 165.98 (1). (2) The department of justice shall award grants to law enforcement agencies for the acquisition of a data-sharing platform. (3) A law enforcement agency that receives a grant under sub. (2) shall use the grant funds to acquire a data-sharing platform to which all of the following apply: (a) The platform is able to integrate data from common law enforcement systems on a real-time basis. (b) The platform is able to identify and eliminate redundant records in law enforcement systems. (c) The platform is able to provide advanced, configurable

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search, analytics, and visualization capabilities that support common mission needs for law enforcement. (d) The platform allows law enforcement agencies to appropriately restrict access to information by data type, organization, roles, responsibilities, individual investigations, and other parameters. (e) The platform allows for secure, permission-controlled data integration and sharing among participating law enforcement agencies. (f) The platform is able to be accessed on various devices commonly used by law enforcement agencies. (g) The platform has a demonstrated record of meeting or exceeding similar mission needs and the ability to reach full operational capability within 90 days of initiation. (h) The platform allows for integration with existing law enforcement agency identity and access management solutions, such as single-sign-on and multifactor authentication. (i) The platform is hosted in a secure environment that is compliant with Criminal Justice Information Services standards and that can scale to accommodate volume and velocity of law enforcement data needs. (j) The platform is able to provide granular audit logging for all user interactions with data. (k) The platform is able to provide an open, interoperable architecture and business terms that ensure the law enforcement agency retains all rights to agency data. (4) No grants may be awarded under this section after June 30, 2027. History: 2025 a. 58.

165.982 Weed and seed project grants. (1) The department of justice may award grants from the appropriation under s. 20.455 (2) (dg) to any eligible city whose plan for the expenditure of funds is approved. The grant shall be used to carry out a comprehensive, multi-agency “weed and seed” project to restore safety and vitality to a targeted neighborhood that suffers from high levels of violent and drug-related crime. The grant moneys that a city receives under this section may not supplant existing local resources. A plan submitted for approval shall specify a strategy to achieve the goals of the grant and must include a concerted law enforcement effort to curb drug trafficking and related crime, a decentralized law enforcement and crime prevention effort in a targeted neighborhood, and a coordinated, communitybased effort to strengthen the neighborhood’s social base and revitalize the neighborhood. The department of justice, with the concurrence of the department of health services, shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in awarding grants under this section. The department of justice and department of health services shall jointly review any proposed plan and approve those plans that meet the criteria. (2) To be eligible for the grant, a plan shall include all of the following: (a) Oversight of the project by the mayor’s office or by a steering committee appointed by the mayor. (b) Written support by the chief of police and the superintendent of the school district. (c) A law enforcement coordinating committee and a neighborhood revitalization coordinating committee to plan and implement project activities. (3) The proposed site for the use of a grant shall be an identifiable neighborhood with high violent crime and drug arrest rates. The neighborhood shall have experience in neighborhood planning and organizing or, in lieu thereof, evidence shall be pro-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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vided that such planning and organizing efforts would be supported by, and would be effective in, the neighborhood. (4) Grant recipients shall provide a 25 percent match in funds or in-kind services. Grants shall be awarded for 3-year periods. (5) The department of justice and the department of health services shall provide training and technical assistance to grant recipients. Both departments shall work with the steering committees and coordinating committees of the projects and participate in planning and implementing project initiatives as appropriate. (6) A city shall submit a proposed plan for a grant under this section so that the plan is received by the department of justice on or before July 15, 1994. History: 1993 a. 193; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).

165.983 Law enforcement technology grants. The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under s. 20.455 (2) (dg) to law enforcement agencies in cities with high levels of violent and drug-related crime to acquire law enforcement technology. Notwithstanding s. 227.10 (1), the department need not promulgate the required policies and procedures as rules under ch. 227. A law enforcement agency receiving a grant under this section shall provide matching funds equal to 50 percent of the grant awarded. The grant shall be used to acquire technology that is innovative to the applicant law enforcement agency and consistent with the technology, resources and operational procedures of the applicant law enforcement agency. A grant may not be used for the expansion or replacement of existing equipment or facilities. A law enforcement agency may apply to the department for a grant under this section and shall include a proposed plan of expenditure of the grant moneys. The department shall review each application and plan and may provide a grant to an eligible law enforcement agency. History: 1993 a. 193.

165.984 Law enforcement drug trafficking response grants. (1) In this section: (a) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e). (b) “Wisconsin 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, and includes a task force administered by the department of justice that exists to respond to drug crimes. (2) The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under s. 20.455 (2) (cm) to Wisconsin law enforcement agencies and tribal law enforcement agencies to fund law enforcement response to drug trafficking. Notwithstanding s. 227.10 (1), the department need not promulgate the required policies and procedures as rules under ch. 227. (3) A Wisconsin law enforcement agency or tribal law enforcement agency may apply to the department of justice for a grant under this section and shall include a proposed plan of expenditure of the grant money. The proposed plan of expenditure shall specify a new program or purpose for which the funds will be used. If the proposed plan of expenditure will result in the agency incurring an ongoing expense that will continue after all grant funds have been spent, the plan shall include a description of how that expense will be met when there are no remaining grant funds. (4) The department of justice shall review each application

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and plan and may provide grants to an eligible Wisconsin law enforcement agency or tribal law enforcement agency of not more than $50,000 per application and plan and not more than $100,000 per agency. A grant may be provided only to fund a new program or purpose within the agency and may not be provided to supplement an existing program. (5) A Wisconsin law enforcement agency or tribal law enforcement agency receiving a grant under this section may use the grant to fund extra training for law enforcement officers, the hiring of additional officers to investigate drug trafficking, or any other purpose that is directly related to drug trafficking response and that is not an existing program within the agency at the time the grant is received. History: 2017 a. 261.

165.986 Beat patrol officers; grant program. (1) The department of justice shall provide grants from the appropriations under s. 20.455 (2) (bm) and (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. (2) A city applying to the department of justice for a grant under sub. (1) shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under sub. (1) may be used for salary and fringe benefits only. Except as provided in sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties. (3) During the first 6 months of the first year of a grant under sub. (1), a city may, with the approval of the department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year’s grant for overtime costs, the city shall provide the department with all of the following: (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime. (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties. (c) Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay. (4) The department shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under sub. (1). The department may not award an annual grant under sub. (1) in excess of $150,000 to any city. The department shall review any application and plan submitted under sub. (2) to determine if that application and plan meet the requirements of this section. The grant that a city receives under sub. (1) may not supplant existing local resources. (5) A city may receive a grant under sub. (1) for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant under sub. (1), the city shall pro-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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vide matching funds of at least 25 percent of the amount of the grant. (6) The department may make grants under sub. (1) to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for the grants shall be determined and allocations made as provided in this section. (7) From the appropriation under s. 20.455 (2) (jc), the department shall make grants in amounts determined by the department to cities with a population of 25,000 or more to reimburse overtime costs for uniformed law enforcement officers whose primary duty is beat patrolling, except that the department may award no more than $400,000 to a city for a calendar year. The grants may be used for salary and fringe benefits only. The grants may be awarded only to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. A city may receive a grant for a calendar year if the city applies before September 1 of the preceding calendar year and provides the department all of the following: (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime. (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties. (c) A proposed plan of expenditure of the grant moneys. History: 2013 a. 20 ss. 174, 1946; Stats. 2013 s. 165.986; 2017 a. 59; 2017 a. 364 s. 49; 2019 a. 9.

165.987 Youth diversion programs; grant program. (1) From the appropriation under s. 20.455 (2) (kj), the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 750,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer. (2) From the appropriation under s. 20.455 (2) (k), the department of justice may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under

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sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization’s youth diversion program. (3) From the appropriation under s. 20.455 (2) (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization’s youth diversion program. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer. History: 2013 a. 20 ss. 175, 1947; Stats. 2013 s. 165.987; 2015 a. 55; 2017 a. 207; 2017 a. 365 s. 111.

165.989 Community-oriented policing-house grant program. The department of justice shall award grants to cities with a population of 30,000 or more to fund community-oriented policing-house programs. The department of justice shall use the following criteria in awarding grants under this section: (1) The ability to maximize grant resources to serve the greatest number of people and the greatest number of cities. (2) The city’s plan to integrate the community-oriented policing house into the fabric of the community and the neighborhood. (3) The future ability to use the community-oriented policing house for multiple purposes, including building relationships between law enforcement and the community and connecting residents of the neighborhood to community supports. (4) The ability for community organizations, government agencies, faith-based organizations, and other nonprofit entities to use the community-oriented policing house once it is established. NOTE: This section is repealed eff. 7-1-27 by 2023 Wis. Act 19, as affected by 2025 Wis. Act 27. History: 2021 a. 51; 2023 a. 19; 2025 a. 27 s. 1m.

May 22, 2026, are designated by NOTES. (Published 5-22-26)