Wis. Admin. Code Jus — Department of Justice

Chapter Jus 9 DEOXYRIBONUCLEIC ACID (DNA) DATA BANK

Wis. Admin. Code § Jus 9.01 Purpose {#sec-jus-9.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.01}

This chapter is promulgated under ss. 165.76 (4), 165.77 (8), 938.34 (15), 973.047 (2), and 980.063 (2), Stats., to specify the procedures for carrying out the submission of human biological specimens, the analysis of DNA in those specimens, the maintenance of a data bank of DNA analysis data, and the use and disposition of specimens and data in the data bank under ss. 165.76, 165.77, 938.34 (15), and 973.047 (2), Stats.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; EmR1510: emerg. am., eff. 4-1-15; CR 14-070: am. Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Jus 9.02 Applicability {#sec-jus-9.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.02}

This chapter applies to any person who meets any of the criteria listed in ss. 165.76 (1), 938.34 (15), and 973.047 (1f), Stats.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.

Wis. Admin. Code § Jus 9.03 Definitions {#sec-jus-9.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.03}

In this chapter:

(1) “Department” means the Wisconsin department of justice.

(2) “DNA” means deoxyribonucleic acid.

(2m) “Juvenile” has the meaning given in s. 938.02 (10m), Stats.

(3) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime, enforcing federal or state laws or local ordinances, and making arrests for crimes.

(4) “Offender” means any person who meets any of the criteria in ss. 165.76 (1), 938.34 (15), and 973.047 (1f), Stats.

(5) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e), Stats.

(6) “Violent crime” has the meaning given in s. 165.84 (7) (ab), Stats.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; EmR1510: emerg. cr. (2m), (5), (6), eff. 4-1-15; CR 14-070: cr. (2m), (5), (6) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Jus 9.04 Submission of human biological specimen for DNA data bank {#sec-jus-9.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.04}

(1) Persons required to submit human biological specimen.

(a) An offender, whether or not he or she is a resident of this state, who meets any of the following conditions shall provide a biological specimen to the state crime laboratories for DNA analysis:

Is or was in a juvenile correctional facility, in a secured residential care center for children and youth, or on probation, extended supervision, parole, supervision, or aftercare supervision after August 12, 1993, under circumstances provided in s. 165.76 (1) (a), Stats.
Is or was in prison after August 12, 1993, under circumstances provided in s. 165.76 (1) (ag), Stats.
Is or was adjudicated delinquent under circumstances provided in s. 165.76 (1) (am), Stats.
Is or was in prison on or after January 1, 2000, under circumstances provided in s. 165.76 (1) (ar), Stats.
Is or was found guilty of any misdemeanor on or after April 1, 2015, as provided in s. 165.76 (1) (as), Stats.
Is or was found guilty of any felony on or after January 1, 2000, as provided in s. 165.76 (1) (av) 1., Stats.
Is or was found guilty on or after January 1, 2000, and before April 1, 2015, of an offense under circumstances provided in s. 165.76 (1) (av) 2. or (aw), Stats.
Is or was sentenced or placed on probation on or after August 12, 1993, under circumstances provided in s. 165.76 (1) (bg), Stats.
Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under circumstances provided in s. 165.76 (1) (bm), Stats.
Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under circumstances provided in s. 165.76 (1) (br), Stats.
Is or was in institutional care on or after August 12, 1993, under circumstances provided in s. 165.76 (1) (c), Stats.
Is or was in institutional care on or after January 1, 2000, under circumstances provided in s. 165.76 (1) (cr), Stats.
Has been found to be a sexually violent person under ch. 980 on or after June 2, 1994, as provided in s. 165.76 (1) (d), Stats.
Is or was released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state on or after July 9, 1996, under circumstances provided in s. 165.76 (1) (e), Stats.
Is or was released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state under circumstances provided in s. 165.76 (1) (f), Stats.
Has been required by a court to provide a biological specimen under circumstances provided in s. 165.76 (1) (g), Stats.
Is arrested for a violent crime, or is taken into custody for a juvenile offense that would be a violent crime, as defined in s. 165.84 (7) (ab), Stats., as provided in s. 165.76 (1) (gm), Stats.
Is notified that the person is required to provide a biological specimen under circumstances provided in s. 165.76 (1) (h) or (1m), Stats.

(b) An offender required to provide a biological specimen under par. (a) shall provide a biological specimen to the state crime laboratories whether or not the court orders such submission on the offender’s commitment, judgment of conviction or adjudication of delinquency.

(2) Place for submission of human biological specimen. Each offender required to provide a human biological specimen shall do so at the place specified in this subsection as follows:

(a) If the offender is on parole or probation in this state from another state and the department of corrections directs the probationer or parolee to provide a biological specimen, he or she shall provide the specimen at the office of a county sheriff as soon after the placement as practicable, or as directed by his or her probation or parole agent in conformity with sub. (3).

(b) If the offender has been placed on supervision as a juvenile, he or she shall provide the specimen as soon after the placement as practicable at a location as directed by the agency providing supervision for the juvenile in conformity with sub. (3).

(c) If the offender has been placed in a secured correctional facility as a juvenile, he or she shall provide the specimen while in the secured correctional facility as directed by the department of corrections. If the specimen has not been provided in the secured correctional facility, the offender shall provide the specimen as directed by the agency providing supervision in conformity with sub. (3).

(d) If the offender has been found guilty of a misdemeanor or felony and is present in court for said finding, the offender shall contemporaneously provide the specimen to the office of the county sheriff exercising jurisdiction within the venue of the court in conformity with sub. (3).

(e) If the offender has been committed to the department of health services under s. 51.20 or 971.17, Stats., or found to be a sexually violent person under ch. 980, Stats., he or she shall provide the specimen as directed by the department of health services in conformity with sub. (3).

(f) If the offender has been arrested or taken into custody for a violent crime, he or she shall contemporaneously provide the specimen to the law enforcement or tribal law enforcement agency that obtains the person’s fingerprints or other identifying data in conformity with sub. (3).

(g) If pars. (a) to (f) do not apply, the offender shall provide the specimen as directed by the office of a county sheriff or as directed by the agent or agency providing supervision or having legal or physical custody of the offender in conformity with sub. (3).

(3) Procedure for submission of human biological specimen. Human biological specimens shall be collected and sent to the state crime laboratories in accordance with all of the following procedures:

(a) The collection of a human biological specimen by oral swab may be done by any person and does not require special medical training. Licensed or certified medical staff shall perform all procedures requiring medical expertise.

(b) The collection of a human biological specimen includes the collection of any source of DNA approved by the state crime laboratories.

(c) Before a human biological specimen is collected from a person required to submit such a specimen under sub. (1), the law enforcement agency responsible for collecting the specimen shall do all of the following in the sequence listed:

Review the Crime Information Bureau’s Computerized Criminal History to determine if “Conviction DNA” is on file for the person in question. If “Conviction DNA” is on file, no additional biological specimen shall be collected. If “Conviction DNA” is not on file and the specimen is being collected pursuant to sub. (1) (a) 3., 5., or 6., proceed under subd. 2., otherwise proceed under subd. 3.
Determine whether the biological specimen to be collected is the result of a conviction of a violent crime for which a biological specimen was taken at arrest. If a biological specimen was taken at arrest, no additional biological specimen shall be collected. If a biological specimen was not taken at arrest, proceed under subd. 3.
Complete a DNA buccal swab submission form as provided by the state crime laboratories indicating the reason for the submission.
Collect the human biological specimen as provided in this section and in accordance with department procedures and with methods approved by the state crime laboratories.
Obtain a full set of fingerprints from the person from whom the human biological specimen is being collected.

(d) Within 48 hours of the collection of each human biological specimen collected under this section, the specimen and the full set of fingerprints of the person from whom it was collected shall be sent to a state crime laboratory in accordance with department procedures approved by the state crime laboratories.

Note: In determining the 48-hour time period for submitting a biological specimen and fingerprints to a state crime laboratory under this section, time should be computed in accordance with s. 990.001 (4), Stats.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; corrections in (1) (a) 4. and 6. made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; corrections in (2) (f) made under s. 13.92 (4) (b) 6., Stats., Register March 2013 No. 687; EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff. 10-1-15; correction in (1) (a) 11., 12., (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717.

Wis. Admin. Code § Jus 9.05 Use of human biological specimens for DNA data bank {#sec-jus-9.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.05}

Upon receiving a human biological specimen under any provision of this chapter other than s. Jus 9.04 (1) (a) 17., the state crime laboratories shall analyze the DNA in the specimen and shall maintain a data bank based on the data obtained from the DNA analysis of those specimens.

(2) If the state crime laboratories, within one year after receiving a human biological specimen under s. Jus 9.04 (1) (a) 17., receive notice from a court under s. 165.84 (7) (bm), Stats., the state crime laboratories shall analyze the DNA in the specimen and shall maintain a data bank based on the data obtained from the DNA analysis of those specimens.

(3) If the state crime laboratories, within one year after receiving a human biological specimen under s. Jus 9.04 (1) (a) 17., do not receive notice from a court under s. 165.84 (7) (bm), Stats., the state crime laboratories shall destroy the biological specimen.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff. 10-1-15; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717.

Wis. Admin. Code § Jus 9.06 Use of DNA data bank {#sec-jus-9.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.06}

(1) Use. The state crime laboratories may compare the data obtained from one human biological specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies and the combined DNA identification system in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings, subject to s. 971.23 (9), Stats.

(2) Expungement of dna analysis data.

(a) A person may request expungement of his or her DNA analysis data submitted under this chapter on any of the following grounds:

The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 1., Stats., and all convictions, findings, or adjudications for which the person was required to submit a biological sample have been reversed, set aside or vacated.
The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 2., Stats., and one of the circumstances provided for in s. 165.77 (4) (am) 2. a., b., c., or d., Stats., applies to the person.
The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 3., Stats., and one of the circumstances provided for in s. 165.77 (4) (am) 3. a., b., c., or d., Stats., applies to the person.

(b) A request for expungement of DNA analysis data under par. (a) must be made in writing on a form provided by the state crime laboratories. If par. (a) 1. applies to the person making the request, then the request must be accompanied by a certified copy of the court order reversing, setting aside or vacating the person’s conviction or adjudication.

(c) Upon receipt of a complete expungement request meeting the requirements of pars. (a) and (b), the state crime laboratories shall expunge all records and identifiable information in the databank pertaining to the person that are required to be purged under s. 165.77 (4) (bm), Stats., and destroy all human biological specimens from the person.

(d) The state crime laboratories shall destroy a biological specimen under the circumstances provided in s. 165.84 (7) (am) 2m., Stats.

(e) If a person who was required to provide a biological specimen under s. 165.84 (7) (ah), 938.21 (1m), 938.30 (2m), or 970.02 (8), Stats., makes a fingerprint expungement request pursuant to s. 165.84 (1), Stats., that expungement request will be granted if one of the conditions in s. 165.77 (4) (am) 2. or 3., Stats., applies to the person.

(f) If the administrator of the department’s division of law enforcement services or his or her designee determines that a human biological specimen was collected from a person by mistake and that the person is not subject to the submission requirements of this chapter, the state crime laboratories shall expunge all records and identifiable information in the databank pertaining to the person that are required to be purged under s. 165.77 (4) (bm), Stats., and destroy all human biological specimens from the person.

(3) Confidentiality. Except for the uses listed in this chapter and s. 165.77, Stats., DNA analysis data collected under this chapter for the DNA data bank shall remain confidential. Information concerning the fact that a person has submitted a human biological specimen for the DNA data bank is not confidential and may be released.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff. 10-1-15; correction in (2) (e) made under s. 35.17, Stats., Register September 2015 No. 717.

Wis. Admin. Code § Jus 9.07 Compliance and penalties {#sec-jus-9.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.07}

In addition to any criminal penalties under s. 946.52, Stats., failure to provide a human biological specimen under this chapter may also constitute a disciplinary offense or probation or parole violation.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Jus 9.08 DNA analysis surcharge {#sec-jus-9.08 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.08}

(1) If a court imposes a sentence or places a person on probation, the court shall impose a DNA analysis surcharge of $250 for each felony conviction and $200 for each misdemeanor conviction as provided under s. 973.046, Stats.

(2) If a court imposes a DNA surcharge under sub. (1) on a person who is an inmate in a state prison and the inmate has not paid the surcharge, the department of corrections shall collect the amount owed from the income earned by or received for the benefit of the inmate. The department of corrections shall transmit any amount collected to the secretary of administration.

Note: In State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, the court held that the DNA surcharge imposed on misdemeanants under s. 973.046, Stats., as applied to a defendant who was sentenced after the surcharge was legally required (January 1, 2014) but before DNA samples could be collected from misdemeanants (April 1, 2015), does not correspond to the cost of DNA analysis activities and thus is a punitive fine, rather than a fee; therefore, such an application of the DNA surcharge to a misdemeanant who committed the underlying offense before January 1, 2014, is an unconstitutional ex post facto violation.

In State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, the court held that the imposition on a single defendant of multiple DNA surcharges for multiple felony or misdemeanor convictions under s. 973.046, Stats., does not correspond to the cost of DNA analysis activities and thus is a punitive fine, rather than a fee; therefore, the application of the multiple DNA surcharge requirement to a defendant who committed the underlying offenses before that requirement was in effect (January 1, 2014) is an unconstitutional ex post facto violation.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Jus 9.09 Cooperation {#sec-jus-9.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.09}

The department of corrections, department of health services, county departments under ss. 46.215, 46.22, and 46.23, Stats., law enforcement agencies, tribal law enforcement agencies, and county sheriffs shall cooperate fully with the department to meet the requirements of this chapter.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction made under s. 13.92 (4) (b) 6., Stats., Register March 2013 No. 687; EmR1510: emerg. am., eff. 4-1-15; CR 14-070: am. Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Jus 9.10 Reimbursements to law enforcement agencies {#sec-jus-9.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 9.10}

The department shall reimburse law enforcement and tribal law enforcement agencies for each human biological specimen collected and received by the state crime laboratories as provided in s. 165.76 (4) (d), Stats. The department shall not reimburse for duplicate biological specimens. The department shall make payment on an annual basis or more often as it deems necessary.

History

EmR1510: emerg. cr., eff. 4-1-15; CR 14-070: cr. Register September 2015 No. 717, eff. 10-1-15.

Chapter Jus 10 HANDGUN TRANSFERS

Wis. Admin. Code § Jus 10.01 Purpose {#sec-jus-10.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.01}

The purpose of this chapter is to establish the procedures, as required under s. 175.35 (2g), Stats., for searching the records of persons to whom a handgun dealer proposes to transfer a handgun.

Note: This administrative rule chapter is promulgated as required by s. 175.35, Stats., created by 1991 Wis. Act 11. Section 175.35 (2g) (c) (intro.) and 3, Stats., directs the department of justice to promulgate rules requiring the department to search criminal history records using, among other things, the “transaction management of enforcement system.” This is a statutory reference to the transaction information for management of enforcement (TIME) system referred to more exactly in ss. 20.455 (2) (h) and 59.54 (9), Stats.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.02 Applicability {#sec-jus-10.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.02}

(1) Except as provided in sub. (2), this chapter applies to all handgun sales by a handgun dealer. It establishes requirements affecting handgun dealers, the Wisconsin department of justice and handgun transferees.

(2) This chapter does not apply to any of the following:

(a) Transfer of a handgun that is an antique under federal department of the treasury regulations,

(b) Transfer of a handgun between firearms dealers or between a firearms wholesaler and a firearms dealer, and

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.03 Definitions {#sec-jus-10.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.03}

In this chapter:

(1) “Approval number” means the unique number the department provides a handgun dealer when the department approves a handgun transfer under this chapter.

(2) “Confirmation number” means the unique number the department provides a handgun dealer to confirm an initial telephone call from the dealer to the department requesting handgun transfer approval whenever approval is not granted during that call.

Note: The department intends to issue a confirmation number even when approval is granted during the initial telephone call. See s. Jus 10.06 (2) (a) 2.

(3) “Dealer identification number” means the number the department provides a handgun dealer when the dealer registers as a handgun dealer under this chapter.

(4) “FBI” means the federal bureau of investigation.

(4m) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm, as provided in s. 175.35 (1) (at), Stats.

(5) “Department” means the Wisconsin department of justice.

(6) “Handgun” means a weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

(7) “Handgun dealer” or “dealer” means a firearms dealer as defined in s. 175.35 (1) (ar), Stats., who offers one or more handguns for sale.

(8) “Handgun store” means a distinct business location where a handgun dealer is in business as a handgun dealer regardless of how long or short the time and how small or large the business and regardless whether the dealer also operates other stores.

(9) “Nonapproval number” means the number the department provides a handgun dealer when the department denies approval for a handgun transfer.

(10) “Notification form” means the form a handgun dealer requires a transferee to complete before the dealer requests handgun transfer approval from the department.

(11) “Record” means a transferee’s criminal history records available for the department to search including the state criminal history record and the national criminal history record maintained by the FBI.

(12) “Search” means a systematic inspection by the department of a transferee’s record.

(13) “Transferee” means a person who purchases a handgun from a dealer and to whom or at whose direction the dealer will transfer possession of the purchased handgun.

(14) “Working day” means each day except Saturday, Sunday or a legal holiday under s. 995.20, Stats.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; correction in (14) made under s. 13.93 (2m) (b) 7., Stats.; CR 11-036: cr. (4m) Register August 2012, eff. 9-1-12.

Wis. Admin. Code § Jus 10.04 Dealer registration {#sec-jus-10.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.04}

The following preconditions shall be met before a dealer may offer a handgun for sale or request department approval for any handgun transfer as required under this chapter:

(1) A dealer shall register each handgun store the dealer owns or operates with the department by fully and accurately completing and submitting to the department in duplicate the firearms dealer registration form provided to the dealer for that purpose by the department and by obtaining from the department under sub. (2) (intro.) and (a) a dealer identification number for each handgun store. A dealer that operates multiple handgun stores shall file a separate registration form for each store.

Note: A copy of the firearms dealer registration form required under this subsection is attached to this chapter as appendix I. The department will provide a dealer a form for ordering the dealer registration form and other forms required under this chapter. Forms can be ordered from the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701.

(2) After receiving a properly completed firearms dealer registration form from a dealer under sub. (1), the department, if it may do so in compliance with this chapter and s. 175.35, Stats., shall do the following:

(a) Issue the dealer a dealer identification number for the handgun store for which the firearms dealer registration form was completed and submitted,

(b) Inform the dealer in writing of the toll-free telephone number designated by the department for use by the dealer in requesting departmental approval for any handgun transfer, and

(c) Mail the dealer the notification forms, each bearing a notification form number, needed for use by the dealer under s. Jus 10.06 (1) (c).

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.05 Prohibited handgun transfers {#sec-jus-10.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.05}

A dealer may not transfer a handgun to a transferee unless one of the following preconditions is met:

(1) The dealer receives an approval number under s. Jus 10.06 (2) (a) 2. a., (c) 1. or (d) 3. a. or c., 10.07 (2) (c), 10.08 (3) (a), or 10.09 (3) (b) 1. for the handgun transfer; or

(2) The department fails to notify the dealer of the results of its record search within 48 hours after the dealer receives a confirmation number under s. Jus 10.06 (2) (a) 2. b. or, if applicable, within the additional time allowed for the search under s. Jus 10.06 (2) (c) 3. and (d).

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.06 Dealer and departmental procedures for reviewing handgun transfers {#sec-jus-10.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.06}

(1) Dealer responsibilities. To request an approval number, a dealer shall do each of the following in the sequence listed:

(a) Require identification. A dealer shall require each handgun transferee to show the dealer, for the dealer’s inspection, a reliable identification document. The identification document shall include a photograph of the transferee.

Note: A motor vehicle operator’s license or state issued identification card when those documents include the licensee or card holder’s photograph are examples of reliable identification documents. See, e.g., ss. 343.17 (3) (a) 2. and 343.50 (3), Stats.

(b) Inspect identification. A dealer shall carefully inspect the identification document, including the photograph shown by a transferee under par. (a), and shall ensure that it accurately and reliably identifies the transferee as the person the transferee claims to be.

A dealer shall require each transferee to complete an official notification form obtained from the department. The transferee shall fully and truthfully complete the form in triplicate. The dealer shall provide one copy of the completed form to the transferee when the handgun is transferred to the transferee or when notification of nonapproval is given to the transferee. Within 24 hours after the dealer receives departmental notification that the handgun transfer for which the form was completed is either approved or not approved, the dealer shall mail one copy of the completed form to the department. The dealer shall retain the completed original form as required under s. Jus 10.10 (1) (a). Each form shall have a form number placed on it by the department and shall require all the following information about the transferee:

a. Legal name and any alias or other name used at any time,

b. Birth date,

c. Gender,

d. Race,

e. Social security number,

f. Current address, and

g. Other information reasonably required by the department to ensure a reliable record search and to ensure the required notification under this paragraph.

If a transferee cannot read or write, a notification form may be completed on the transferee’s behalf by a competent person other than the dealer or any officer, employee or agent of the dealer. The person completing the form shall do so in accordance with this paragraph and with the instructions on the form and shall do so in the presence of and after careful consultation with the transferee to ensure that each notification form answer is truthful and complete. After a person completes a notification form on behalf of a transferee, the dealer shall question the transferee to ensure that the form is truthfully and fully completed and shall then obtain the transferee’s signature on the form. If the transferee cannot write, the dealer shall obtain the transferee’s mark in the signature space on the form or shall obtain the transferee’s name written by another person in the presence of and at the request of the transferee.

Note: A copy of the notification form required by the department is attached to this chapter as appendix II. A dealer may request copies of the required notification form from the address noted in the note following s. Jus 10.04 (1).

(d) Call department. After a transferee truthfully completes the notification form in its entirety as required under par. (c), the dealer shall telephone the department using the toll-free telephone number designated by the department for that purpose. During the call, the dealer shall request a record search and shall convey to the department, as required by the department under sub. (2) (a), the material information shown on the notification form completed by the transferee in accordance with par. (c).

(2) Department responsibilities. When the department receives a record search request under sub. (1) (d), the department shall do the following in the sequence listed:

(a) Issue approval number or confirmation number. During the telephone call received under sub. (1) (d), the department shall proceed as follows:

The department shall first obtain from the caller and shall then record for department use the calling dealer’s dealer identification number and the notification form number on the form about which the telephone call is made under sub. (1) (d). The department shall use those numbers to verify the authenticity of the call. If the department determines that the call is authentic, the department shall proceed as appropriate under subd. 2. If the department determines that the call is not authentic, the department shall so inform the caller and shall end the telephone call without proceeding further under this subsection.
The department, in accordance with sub. (1) (d), shall obtain from the caller the notification form information needed to search the record and, if possible, shall conduct an initial search and proceed as follows during the telephone call:

a. If the initial search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and shall provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d) and shall provide the dealer an approval number; or

b. If an initial search is not possible or if the initial search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., or if the search is inconclusive on whether the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall instead provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d).

(b) Search records. If the department has issued a confirmation number under par. (a) 2. b., the department shall, as soon as reasonably practicable, complete its search of the record to determine whether the transferee is subject to any of the prohibitions under s. 941.29, Stats.

Note: Under s. 941.29, Stats., it is a felony for persons in the following categories to possess a firearm: (a) persons convicted of a felony in Wisconsin, (b) persons convicted of a crime elsewhere that would be a felony if committed in Wisconsin, (c) persons found not guilty of a felony in Wisconsin by reason of mental disease or defect, and (d) persons found not guilty of or not responsible for a crime elsewhere that would be a felony in Wisconsin by reason of insanity or mental disease, defect or illness.

(c) Notify dealer of search results. If infeasible during the telephone call required under sub. (1) (d), then as soon after the call as reasonably possible and in no event more than 48 hours after the dealer receives a confirmation number under par. (a) 2. b., the department shall notify the dealer by telephone of the results of its record search performed under par. (b). In notifying the dealer, the department shall proceed as follows:

If the search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and provide the dealer an approval number;
If the search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number; or
If the search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the search shows an out-of-state criminal conviction but fails to show whether that conviction would be a felony in Wisconsin, the department shall, as soon as reasonably practicable within the 48 hours described in par. (c) (intro.), notify the dealer by telephone that a three working-day extension of time, as allowed under par. (d) 1., is required for the department to complete its record search.

(d) Extension of time for search.

The extension of time allowed under par. (c) 3. shall extend until midnight of the third complete working day following the day on which the department makes a finding under that subdivision.
During the extension under subd. 1., the department shall take all reasonable steps required to determine the disposition of any identified felony arrest of the transferee and to determine whether an out-of-state criminal conviction would be a felony in Wisconsin.
As soon as practicable and no later than the end of the extension under subd. 1., the department shall notify the dealer by telephone of the results of its extended search. In notifying the dealer, the department shall proceed as follows:

a. If the extended search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and provide the dealer an approval number;

b. If the extended search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number;

c. If the extended search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the department cannot reasonably determine whether an out-of-state conviction would be a felony in Wisconsin, the department shall provide the dealer a nonapproval number; or

d. If the extended search shows that a felony arrest is still awaiting disposition, the department shall not provide the dealer a nonapproval number under subpar. c but shall instead approve the transfer and provide the dealer an approval number.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.07 Identification review after nonapproval {#sec-jus-10.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.07}

(1)

(a) Any transferee whose attempt to purchase a handgun is not approved under s. Jus 10.06 may within 10 days after a nonapproval number affecting the transferee is issued request review by the department by mailing a departmental review request form to the department on a form provided by the department.

(b) A review request shall be accompanied by proof of the transferee’s identity. Satisfactory proof shall include the transferee’s name and date of birth and a set of rolled-ink fingerprints of the transferee prepared by a law enforcement agency on a state or FBI card.

Note: Any transferee entitled to request review under this subsection may do so by mailing a completed review request form and a set of rolled-ink fingerprints to the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701. A copy of the review request form required under this section is attached to this chapter as appendix III. On appropriate request, the department will provide this form to a transferee. Review request forms may also be available from handgun dealers. A set of rolled-ink fingerprints may be obtained from a local law enforcement agency.

(2) After receiving a review request under sub. (1), the department shall, within 10 working days if nonapproval is based on a Wisconsin record or as soon as reasonably practicable if nonapproval is based on an out-of-state record, proceed as follows:

(a) If nonapproval is based on a Wisconsin record, the department shall mail the transferee a copy of the pertinent state record with an accompanying explanation for nonapproval. The department shall also mail the transferee the set of rolled-ink fingerprints submitted with the review request under sub. (1) (b).

(b) If nonapproval is based on an out-of-state record, the department shall notify the transferee stating that nonapproval was based on review of the national record maintained by the FBI and that it is necessary for the FBI to process the fingerprint card submitted to the department under sub. (1) (b). Subsequently, after the set of rolled-ink fingerprints submitted under sub. (1) (b) is compared with the pertinent national record maintained by the FBI and after the FBI provides a copy of that record to the department, the department shall mail the transferee a copy of that pertinent record and an explanation for nonapproval. The department shall then also mail the transferee the set of rolled-ink fingerprints submitted with the review request under sub. (1) (b).

(c) If after review the department finds that the transferee is not the person identified in the record on which the department relied in denying approval of the handgun transfer to the transferee and that approval may be granted under the law, the department shall notify the transferee and the dealer in writing and shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.08 Record correction review after nonapproval {#sec-jus-10.08 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.08}

(1) After receiving a copy of the pertinent record under s. Jus 10.07 (2), a transferee whose handgun purchase is not approved under s. Jus 10.06 or 10.07 may, within 10 days after being mailed the record, request a record correction review of the department’s nonapproval. The request shall be made by mailing a written request to the department with the information required under sub. (2). The director of the bureau of crime information within the department or the director’s designee shall review the record correction request.

(2) The transferee’s request under this section shall include a copy of the pertinent record mailed to the transferee under s. Jus 10.07 (2) (a) or (b), shall state the grounds for the requested record correction review and shall specifically identify the alleged error in the record. The properly authenticated relevant court document or documents showing the alleged disposition or nonexistence of the apparent felony arrest or conviction shall accompany the request. Also if relevant to the transferee’s request, the properly authenticated relevant document or documents showing that the transferee has received a pardon or has obtained relief under s. 941.29, Stats., shall accompany the request.

Note: Any transferee entitled to request a record correction review under this subsection may do so by mailing a written request with the necessary accompanying authenticated document or documents to the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701.

(3) Within 10 working days after receiving a request for record correction review that complies with and is complete under subs. (1) and (2), the director of the bureau of crime information or the director’s designee shall review and either affirm or reverse the department’s earlier nonapproval and shall notify the transferee and the dealer in writing providing them a brief explanation for the result on review. In notifying the transferee and the dealer, the department shall proceed as follows:

(a) If the director or the director’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

(b) If the director or the director’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.09 Appeal after review {#sec-jus-10.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.09}

(1) After receiving the written review results under s. Jus 10.08 (3) (intro.) and (b), a transferee may within 10 days after being mailed those results file an appeal. The appeal shall be in writing to the administrator of the division of law enforcement services within the department.

(2) The written appeal as filed shall include a copy of the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b), shall specifically identify the particular alleged error in those review results, and shall include any properly authenticated documentation required to support the appeal.

Note: Any transferee entitled to appeal under this subsection may do so by mailing an appeal to the following address: Administrator, Division of Law Enforcement Services, P.O. Box 7857, Madison, Wisconsin 53707-7857.

(3)

(a) The administrator or the administrator’s designee shall examine both the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b) and the written appeal with accompanying documentation as filed under subs. (1) and (2). Based on that examination and under the applicable law, the administrator or the administrator’s designee shall reach a final departmental conclusion either affirming or reversing the review results issued under s. Jus 10.08 (3) (b).

(b) Within 10 working days after receiving a written appeal under sub. (1), the administrator or the administrator’s designee shall notify the transferee and the dealer in writing providing them a brief explanation for the departmental conclusion on appeal. In notifying the transferee and the dealer, the department shall proceed as follows:

If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or
If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.095 Processing of information received from circuit courts under chs. 51, 54, and 55, Stats {#sec-jus-10.095 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.095}

(1)

(a) The department shall maintain a database that includes:

A listing of those persons who have been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), Stats., with respect to whom the department has received that information from a circuit court.
A listing of those persons who have obtained relief through a cancellation order under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3., Stats., with respect to whom the department has received that information from a circuit court.
Any identifying information that has been provided by a circuit court to the department under subd. 1. or 2.

(b) The department shall in a timely manner provide relevant information that has been added to the departmental database to the national instant criminal background check system, 28 CFR Part 25, in accordance with system procedures.

(2) Except as provided in sub. (1) (b) and s. 175.35 (2g) (c), Stats., the department may not disclose information from the departmental database.

Note: The promulgation of this section is required by s. 175.35 (2g) (d), Stats., as created by 2009 Wisconsin Act 258, sec. 13, which directs the department of justice to promulgate rules to convey in a timely manner to the national instant criminal background check system certain information concerning firearms restrictions that is received by the department from circuit courts in proceedings under chs. 51, 54, and 55, Stats.

History

CR 11-036: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § Jus 10.10 Records {#sec-jus-10.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.10}

(1) Dealer records.

(a) Notification forms. A dealer shall keep the original copy of each completed notification form prepared under s. Jus 10.06 (1) (c).

(b) Confirmation and approval or nonapproval numbers. A dealer shall keep records showing each confirmation number issued to the dealer under s. Jus 10.06 (2) (a) 2. b. and showing the approval or nonapproval number issued to the dealer that corresponds with each confirmation number.

(c) Record availability. A dealer shall keep the records required under this subsection available for inspection by a department employee or designee during the dealer’s normal business hours and as otherwise reasonably requested.

(2) Department records.

(a) Required records. The department shall keep the following records:

Notes sufficient to show the information communicated to the department by telephone under s. Jus 10.06 (1) (d) about each individual notification form,
A duplicate of each notification form mailed to the department under s. Jus 10.06 (1) (c) 1. intro.,
Records required to comply with any pertinent federal law,
Daily logs showing the date or dates for each departmental record search and showing the dealer identification number, any confirmation number and either an approval or nonapproval number for each search, and
Records reasonably required for the department to administer this chapter effectively and efficiently.

(b) Checking notification forms. After the department receives a duplicate of a completed notification form as required under s. Jus 10.06 (1) (c) 1. intro., the department shall check to ensure that the information on the submitted duplicate corresponds in all material respects with the information the department received about the notification form by telephone from the dealer under s. Jus 10.06 (1) (d). If there is a material discrepancy, the department may notify the appropriate local law enforcement authorities and if appropriate may seek penalties under s. 175.35 (3), Stats.

Within 30 days after receiving a duplicate notification form under s. Jus 10.06 (1) (c) 1. intro., the department shall destroy its duplicate notification form and all its records concerning the record search associated with that form, except for the daily log entries required under par. (a) 4. The department shall, however, destroy its records under this subdivision only if it has already issued an approval number for the transfer involved and if nothing on the duplicate form shows that a handgun transfer to the transferee may be prohibited under s. 941.29, Stats.
No later than 3 years after issuing an approval number, the department shall destroy all the daily log entries kept under par. (a) 4. that correspond with that approval number.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Wis. Admin. Code § Jus 10.11 Fees {#sec-jus-10.11 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.11}

(1) The department shall charge a dealer a fee for each record search the dealer requests under s. Jus 10.06 (1) (d) as set forth in s. 175.35, Stats. A dealer may collect the fee from the transferee.

(2)

(a) The department shall mail a monthly bill to each dealer that has requested any record search under s. Jus 10.06 (1) (d) during the preceding billing period. Each bill shall include the dealer’s identification number, an approval number or a nonapproval or confirmation number for each individual transfer approval request, and the total amount payable by the dealer to the department.

(b) A dealer shall pay each bill mailed to the dealer under par. (a) in full within 30 days after it is mailed to the dealer. The department may refuse to accept a toll-free call or to search a record for any dealer that fails to pay any amount due within 30 days after a bill is mailed to the dealer.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91; CR 11-036: am. (1) Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § Jus 10.12 Penalties {#sec-jus-10.12 omnilex-key=us-wi-regs-official--agency-jus--Jus 10.12}

The penalties for violating this chapter are set forth in s. 175.35 (3), Stats.

Note: Section 175.35 (3), Stats., imposes statutory penalties for the following conduct if it is intentional: transferring a handgun without satisfying the conditions for transfer set forth in s. 175.35, Stats., or this chapter; untruthfully completing a notification form required under s. Jus 10.06 (1) (c); claiming falsely to the department to be a handgun dealer or providing the department an incorrect dealer identification number while requesting a record search; or failing to maintain a required dealer record including failing to maintain an original copy of each completed notification form or to maintain a record of each confirmation number and each corresponding approval or nonapproval number. Under s. 175.35 (3), Stats., the statutory penalties are as follows: a mandatory fine of not less than $500 nor more than $10,000 and a discretionary imprisonment of not more than 9 months.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Chapter Jus 11 AWARDS FOR VICTIMS OF CRIME

Subchapter I Crime Victim Compensation

Wis. Admin. Code § Jus 11.01 Description of the program {#sec-jus-11.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.01}

(1) Authority and purpose. This subchapter is promulgated pursuant to s. 949.02, Stats., for the purpose of administering the awards for the Crime Victim Compensation Program in Wisconsin which provides assistance to innocent victims of crimes and their families in order to ease their financial burdens.

(2) Applicability. This subchapter applies to all persons who apply for financial assistance from the Crime Victim Compensation Program and to all related matters, proceedings and hearings.

(3) Administration. Chapter 949, Stats., and this subchapter shall be administered by a director appointed by the attorney general.

(4) Service and filing. Papers and petitions required to be served upon, or filed with the department of justice, by this subchapter shall be served either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 17 West Main Street, Post Office Box 7951, Madison, WI 53707-7951. The papers and petitions are deemed served or filed when received by the department.

(5) Definitions. In this subchapter:

(a) “Contested case” has the meaning specified in s. 227.01 (3), Stats.

(b) “Crime” has the meaning specified in s. 949.01 (1), Stats.

(d) “Dependent” has the meaning specified in s. 949.01 (2), Stats.

(e) “Family member” has the meaning specified in s. 949.06 (1m) (a), Stats.

(f) “Law enforcement agency” has the meaning specified in s. 949.01 (3), Stats.

(g) “Medical treatment” has the meaning specified in s. 949.01 (4), Stats.

(gm) “Parent of the victim” has the meaning specified in s. 949.01 (4g), Stats.

(h) “Personal injury” has the meaning specified in s. 949.01 (5), Stats.

(i) “Victim” has the meaning specified in s. 949.01 (6), Stats.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (1) to (4), (5) (intro.) Register May 2016 No. 725, eff. 6-1-16; correction in (4) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-136: am. (1), (2), cr. (5) (gm) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.02 Filing of claims {#sec-jus-11.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.02}

(1) Filing deadline. A claim must be filed by the applicant within the time limits specified in s. Jus 11.07 (1).

(2) Application form. A claim shall be filed on the application form prescribed by the department and shall contain at least the following information:

(a) The name and address of the victim of the crime.

(b) The name and address of the applicant and the relationship of the applicant to the victim.

(d) The law enforcement agency to which the crime was reported and the date on which the crime was reported.

(e) The nature and extent of the injuries the victim sustained from the crime; the name and address of any person who gave medical treatment to the victim for these injuries; the name and address of any hospital or similar institution where the victim received medical treatment for the injuries and the costs of such treatment.

(f) The work loss the victim sustained as a result of the crime.

(g) The source and amount of benefit the victim, dependent or applicant has received, or is to receive, from any collateral source for economic loss that resulted from the crime and the name of the collateral source.

(h) Whether the claimant knows the offender, and the nature of the relationship, if any.

(i) A release authorizing the department to obtain any report, document or other information it needs in its determination of the claim.

(j) Any additional information or material the department determines is reasonably related to the application.

Note: A copy of the application form may be obtained at the Wisconsin department of justice at no charge.

(3) Incomplete applications. Whenever an application is not complete or the department otherwise lacks information required under sub. (2), the department shall request the applicant to provide the required information. If the applicant fails within 30 days to provide the information or to indicate why the information is unavailable, the applicant shall be denied an award under s. Jus 11.07 (7).

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 19-136: am. (2) (c), (g), (h) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.03 Claims investigation and decision {#sec-jus-11.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.03}

(1) Claims determination. Claims may be investigated and verified, and an eligibility determination may be made, regardless of whether the alleged offender has been apprehended, prosecuted for, or convicted of, any crime based upon the same incident or has been found not guilty of such crime.

(2) Suspend proceedings. The department may suspend proceedings upon its own motion or that of a prosecuting attorney for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act has been commenced or is imminent.

(3) Written decision. The department, by the Crime Victim Compensation Program director, shall issue a written decision setting forth the denial of the claim and the reasons, and shall furnish the applicant with a copy of the decision. The decision shall also advise the applicant of any right to a contested case hearing.

(4) Closed claims. A claim for compensation is closed when any of the following conditions occur:

(a) The statutory maximum allowed under s. 949.08 (1m) (a) and (b), Stats., has been awarded by the department.

(b) The 30 day time period for appealing the decision of the department has passed without a request from the applicant for a contested case hearing.

(c) The 30 day period for appealing the decision of the hearing examiner has passed without further appeal being made by the applicant.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2016 No. 725; CR 19-136: am. (1), (3), (4) (a) Register September 2021 No. 789, eff. 10-1-21; correction in (1) made under s. 35.17, Stats., Register September 2021 No. 789.

Wis. Admin. Code § Jus 11.04 Economic loss {#sec-jus-11.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.04}

The department may make awards for unreimbursed economic losses as follows:

(1) Actual cost of reasonable and necessary medical treatment, subject to the limits set forth under s. 949.06 (1) (bg), Stats.

(2) Loss of actual earnings if the victim was employed or loss of potential earnings if the victim was not employed at the time of the crime based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The department shall determine an award for work loss incurred as a direct result of an injury as follows:

(a) If the victim was employed at the time of the injury, an award for work loss shall be equal to the victim’s unreimbursed net salary. In this paragraph “net salary” means income less deductions for federal withholding tax, state withholding tax, Medicare, and FICA tax. In this paragraph “disability period” means the length of time a victim is unable to work as a direct result of personal injuries caused by the crime.

(b) If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The victim must have received an offer of employment and must have been unable to begin employment as a direct result of a disability caused by the crime.

(c) The amount of the award under pars. (a) and (b) may be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in, [if] available, appropriate substitute work the victim was capable of performing but unreasonably failed to undertake.

(d) If the victim was self-employed at the time of the injury, the loss of actual earnings may be determined by taking into account the net business profit reported on the previous year’s federal income tax return or the current year’s net business profit based on current financial records. Net loss of earnings shall be determined by deducting self-employment tax as set forth by the IRS, federal withholding tax, state withholding tax, Medicare, and FICA tax from the net business profit.

(dm) The disability period shall be determined by a physician if it exceeds 2 weeks from the date of the crime. If a physician determines that a claimant’s disability is partially related to the victimization, the department shall reimburse the percentage of lost net wages determined by the physician to be directly related to the crime.

(e) If the victim failed to report earnings to federal and state revenue departments, if required to do so by law, the department may not make an award under this subsection based upon any such unreported income.

(2m) The department may award each parent of a victim not more than $3,000 total for reimbursement of mental health treatment and for work loss directly related to the crime.

(3) Actual costs of ordinary, necessary and reasonable household and caregiver services in an amount sufficient to ensure that the victim’s duties and responsibilities are continued until the victim is able to resume the performance of the duties or until the cost of services reaches the maximum allowable under s. 949.08 (1m) (a), Stats., whichever is less. The department may require that a physician certify that the victim is unable to perform the household or caretaker duties and responsibilities.

(3m) If as a direct result of the injury, the victim suffered a protracted disability, reasonable and necessary housing accessibility adaptations, not to exceed the limitations of s. 949.06 (1) (br), Stats.

(4) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, not to exceed the limitations of s. 949.06 (1) (c), Stats.

(4m) Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes, not to exceed the limitations of s. 949.06 (1) (cg), Stats.

(5) Reasonable replacement value of property, other than clothing and bedding under s. 949.06 (1) (c), Stats., that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, not to exceed the limitations of s. 949.06 (1) (cm), Stats.

(6) Reasonable funeral and burial expenses not to exceed the limitations of s. 949.06 (1) (d), Stats. The costs of a reception, wake, or purchase of clothing for burial are not recoverable expenses under this section.

(7) Loss of support, which shall be determined on the basis of the victim’s net annual income at the time of death, and calculated in accordance with s. 949.06 (1) (e), Stats.

(8) Reasonable and necessary costs associated with securing and cleaning up a crime scene not to exceed the limitations under s. 949.06 (1) (f), Stats. In this subsection:

(a) “Securing a crime scene” means taking reasonable steps to make the crime scene free of danger and the risk of future loss.

(b) “Cleaning up a crime scene” means removing or attempting to remove from the crime scene any stains or debris caused by the crime or the processing of the crime scene.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2016 No. 725; correction in (3) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-136: am. (1), (2) (a), (d), cr. (2) (dm), (2m), am. (3), cr. (3m), (4m), am. (6), (7), (8) (a) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.05 Awards {#sec-jus-11.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.05}

(1) To whom payable. The department may make an award for economic loss to or for the benefit of any of the following persons:

(a) A victim.

(b) A dependent.

(c) A third person, other than a collateral source or business, that has incurred an expense as a direct result of the victim’s personal injury or death.

(d) A family member or person who lived with the victim immediately prior to the crime, as a result of the person’s or family member’s reaction to the death. In this subsection:

The victim must be a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09, Stats.
A dependent may recover both under s. 949.06 (1), Stats., and this subsection subject to the limitations of s. 949.08 (1m) (a), Stats.

(2) Maximum award. An award shall not exceed the economic loss to the claimant or exceed the limitations of s. 949.08 (1m) (a), Stats.

(3) Dependents’ loss of support. In determining the amount of the award, the department shall determine loss of support based on the victim’s net income at the time of death and loss of support shall be calculated equal to four times the victim’s annual net income. The department shall deduct from the loss of support award an amount equal to benefits the dependents received or are to receive, over the course of 4 years, as survivor benefits from the federal social security program. The department shall determine if the dependents have received or will receive life insurance proceeds due to the victim’s death and each dependent’s loss of support award shall be reduced by the life insurance proceeds available to them.

(4) Collateral sources.

(a) Any award made under this subchapter shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:

From, or on behalf of, the person who committed the crime.
From insurance payments or programs, including workers compensation, unemployment compensation and social security.
From public funds.
From an award under s. 949.26, Stats.
From one or more 3rd parties held liable for the victim’s injury or death.

(b) If the claimant fails to take advantage of a source of benefits that would have been available to the claimant or that would have reimbursed the claimant for all or a portion of an economic loss, the department shall reduce or deny an award to the extent that it would have been paid by such source of benefits. The department may waive this requirement in the interest of justice.

(5) Awards to minor dependents. The department may award benefits to the parent of a minor dependent child, the child’s guardian or to such person, or trustee, for the minor dependent child’s use as may be found to be best calculated to serve the interest of the child or for the support and maintenance of a minor dependent child or children.

(6) Awards to providers. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award.

(7) Awards not subject to attachment. No award made under this subchapter may be subject to execution, attachment, garnishment or other process, except that an award for economic loss is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations, the costs of which are included in the award.

(8) Actual loss. The department may not make an award when the department determines in a particular case that the claimant would not ordinarily have been required to pay for the services but for ch. 949, Stats.

(9) Dependents. If 2 or more dependents are entitled to the award as a result of the death of a victim, the department shall apportion the award among the dependents. The department may apportion the award among the dependents in equal amounts.

(10) Probate award. The department may apportion an award for a victim’s economic loss in a manner which the department determines to be just or in the best interest of the applicant.

(11) Periodic awards. In the case of the death of the victim or in the case of a protracted loss of earnings, the department may make periodic awards. The department shall periodically verify whether the claimant is entitled to continue to receive such payments.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (4) (a) (intro.), (7) Register May 2016 No. 725, eff. 6-1-16; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2016 No. 725; CR 19-136: am. (1) (c), (2), cons. and renum. (3) (intro.) and (a) to (3) and am., r. (3) (b), am. (4) (a) 4. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.06 Mental health treatment {#sec-jus-11.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.06}

(1) Eligible providers. Eligible providers of mental health treatment under this subchapter include a qualified treatment trainee under clinical supervision as defined by s. DHS 35.03 (17m) or any of the following individuals licensed by the state in which he or she practices:

(a) A physician who has completed a residency in psychiatry.

(e) A psychologist.

(f) A marriage and family therapist.

(g) A professional counselor.

(h) A clinical social worker.

(2) Eligible services. Eligible types of mental health treatment under this subchapter include:

(a) Inpatient psychiatric services provided within the psychiatric unit of a general hospital or a psychiatric facility.

(b) Outpatient psychotherapy services.

(d) Complementary mental health services may be considered for payment by the department if administered in conjunction with any of the above-listed treatments, prescribed by an eligible provider, and administered by an accredited practitioner.

(3) Limitations on eligible services. Limitations on eligible services include:

(a) Collateral interviews are limited to the non-offending family members.

(b) Group psychotherapy sessions are limited to those in which not more than 10 individuals receive psychotherapy services together from an eligible provider.

(4) Authorization process. The department shall require eligible providers of services to submit an authorization request which may include the following information:

(a) The name, address, and medical assistance or identification number of the provider conducting the diagnostic examination and performing the psychotherapy services.

(b) A detailed summary of the problems for which the victim or claimant is seeking mental health treatment.

(c) A detailed summary of the diagnostic examination, including the severity of the victim’s or claimant’s mental illness, medically significant emotional or social dysfunctions, the medical necessity for treatment and the suggested outcome of treatment.

(d) A statement of the estimated frequency of treatment sessions and the estimated cost of treatment.

(e) A statement of the relationship between the crime and the need for treatment, and to what extent the treatment is directly related to the crime.

(f) A statement of the victim’s or claimant’s psychological condition prior to the crime.

(5) Review process.

(a) Department claims specialists shall review authorization requests for mental health claims. The department may appoint persons who meet the same minimum requirements that providers are expected to meet to review authorization requests.

(b) The department shall review the progress of the treatment periodically as the department determines it is reasonable to do so. Progress reports shall describe the victim’s current symptoms, problem changes in symptoms since the last report, progress made toward each treatment goal, a list of impediments to progress, and a plan to address impediments.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (1) (intro.), (2) (intro.) Register May 2016 No. 725, eff. 6-1-16; CR 19-136: am. (1) (intro.), (a), r. (1) (b) to (d), cr. (1) (e) to (h), am. (2) (a), (b), r. (2) (c), cr. (2) (d), am. (4) (intro.), (b), (c), (e), (f) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.07 Limitations on awards {#sec-jus-11.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.07}

The department may not make an award if the department determines that any of the following apply:

(1) The application was not filed within one year after the date of the personal injury or death, subject to the exception under s. 949.08 (1m) (b), Stats. The department may waive the one year filing requirement under this subsection in the interest of justice.

(2) The incident upon which the claim is based was not reported to a law enforcement agency within 5 days of its occurrence or, if the incident could not have reasonably been reported within that period, within 5 days of the time when a report could reasonably have been made. The department may waive the time limit on reporting under this subsection in the interest of justice.

(a) Lack of knowledge of the provisions of ch. 949, Stats., and of this subchapter does not extend the time in which an incident must be reported to a law enforcement agency.

(b) Compliance with sub. (5) (a), (b) and (c) constitutes a report to a law enforcement agency under this subsection.

(3) The victim engaged in conduct which substantially contributed to the victim’s injury or death or engaged in conduct in which the victim could have reasonably foreseen could lead to injury or death. This paragraph does not apply to awards to victims under s. 949.03 (1) (a), Stats. In determining whether the victim engaged in contributory conduct under this subsection the department:

(a) Shall consider any behavior of the victim that may have directly or indirectly contributed to the victim’s injury or death including consent, provocation, verbal utterance, gesture, incitement, prior conduct of the victim and the ability of the victim to have reasonably avoided the incident upon which the claim is based.

(b) May consider whether the victim was under the influence of an intoxicant or controlled substance at the time of the incident upon which the claim is based; whether the victim has engaged in an ongoing course of criminal conduct within 5 years or less of the date of the incident upon which the claim is based; or whether the incident upon which the claim is based occurred while the victim was incarcerated in a city or county detention facility pending the disposition of criminal charges or, after being convicted of an offense, was serving a sentence of imprisonment.

(4) The victim committed a crime which caused, or contributed to, the victim’s injury or death.

(5) The victim has not cooperated with appropriate law enforcement agencies. In this subsection “cooperation with appropriate law enforcement agencies” means the victim has cooperated with the reasonable requests of the law enforcement agency investigating the incident, including:

(a) Providing a true, accurate and complete description of the crime, including the circumstances which led to the crime.

(b) Describing the assailant and telling the appropriate law enforcement agency the offender’s name and whereabouts, if known.

(c) Reporting the incident to the law enforcement agency within a reasonable time so as to enable the agency to identify and apprehend the offender, identify witnesses, and conduct a thorough investigation of the incident.

(d) Participating, if requested by the law enforcement agency, in follow-up investigative activities including, but not limited to, viewing photographs and lineups and other investigative procedures.

(e) Agreeing to participate in the initiation of proceedings against the offender, agreeing to appear and testify on behalf of the prosecution and assisting in the prosecution of the offender at all stages. The department may waive the provisions of this paragraph upon good cause shown by the victim that the failure to cooperate in the prosecution is due to a compelling health or safety reason.

(6) The applicant has not cooperated with the department in the administration of the program. Cooperation with the department means that the applicant provides all information deemed necessary by the department within 30 days of its request. The department may waive this requirement upon good cause shown by the applicant that the failure to take the steps required by the department was beyond the control of the applicant.

(7) The injured victim is an adult passenger in a vehicle operated by the offender and the crime involved is specified in s. 346.63 (2) or 940.25, Stats., and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, or another drug to a degree that renders him or her incapable of safely driving. This subsection does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30, Stats. This subsection applies, however, if the victim is also a victim of a crime specified in s. 940.09, Stats.

(8) The victim has been certified to the department under s. 49.855 (7), Stats., as being delinquent in child support or maintenance payments.

Note: 1999 Wis. Act 9 repealed s. 49.855 (7), Stats.

(9) The award would unjustly benefit the offender or accomplice. In this subsection “unjust benefit” includes:

(a) The extent to which the offender or accomplice has the legal responsibility to reimburse the victim or claimant for economic loss.

(b) The extent to which an award to a victim or claimant will provide support to the offender or accomplice by paying for living expenses of the offender or accomplice including food, shelter, clothing and entertainment.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (9) (a) made under s. 13.93 (2m) (b) 12., Stats., Register, September, 1994, No. 465; corrections in (7) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; CR 15-058: am. (2) (a) Register May 2016 No. 725, eff. 6-1-16; CR 19-136: am. (1), (2), (7) Register September 2021 No. 789, eff. 10-1-21; correction in (1) made under s. 35.17, Stats., Register September 2021 No. 789.

Wis. Admin. Code § Jus 11.09 Contested case hearing {#sec-jus-11.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.09}

(1) Petition for hearing. The applicant may petition the department for a contested case hearing to review the decision of the department.

(a) The applicant filing a petition for hearing shall be designated as “petitioner.” The department of justice shall be designated as“respondent.”

(b) The petition for hearing shall request that a hearing be granted in the particular case and clearly state the particular finding or findings of the department which applicant claims are in error.

(c) The applicant shall file with the department the written request for a contested case hearing within 30 days of the date of the written decision of the department. The time during which the applicant may request a contested case hearing to review the decision of the department shall begin with the date of mailing of the decision.

(d) The department shall either grant or deny the request for a contested case hearing by mailing to the petitioner an order granting or denying the request. If a hearing is not granted within 60 days of receipt of the request for a contested case hearing, the request shall be deemed denied.

(2) Prehearing conference. In any action to be set for hearing, the hearing examiner may conduct a prehearing conference in person or by telephone in all proceedings for hearings under this subchapter.

(a) The hearing examiner shall attempt to obtain from the parties to the prehearing conference a stipulation as to any issue of fact or law over which there is no genuine dispute, including:

Whether a crime has been committed.
Whether the applicant sustained injuries or death as a direct result of a crime.
The nature and extent of the applicant’s injuries.
The economic loss sustained by the applicant.
The amount the applicant has been, or expects to be, compensated from other sources.

(b) Failure of any interested party to appear in person or by attorney at the prehearing conference constitutes a waiver of that interested party’s right to become a party to the administrative proceedings.

(c) Failure of petitioner to appear in person or by attorney at the prehearing conference shall result in the entry of a decision dismissing the petition.

(3) Hearing practices and procedures. The hearing examiner shall conduct contested case hearings in accordance with the rules in this subsection.

(a) The department shall request the division of hearings and appeals, department of administration, to appoint a hearing examiner to preside over the contested case hearing.

(b) Chapter HA 1 rules of procedures and practice shall apply in all contested case hearings held under this subchapter, except as specifically provided otherwise.

(d) The department shall attach to the request for a contested case hearing:

The application.
The written decision of the department.
The written request for a hearing.
The order granting the hearing.
A list of all interested parties.
Any other documents the department deems necessary.

(e) The claimant shall proceed with the burden of proving by a preponderance of the credible evidence that:

A crime occurred which meets the definition under s. 949.03, Stats.
The victim incurred a personal injury as defined under s. 949.01 (5), Stats., or a death, as a direct result of the incident.
The victim or claimant suffered an economic loss as defined in s. 949.06, Stats., as a direct result of the injury or death.

(f) The department shall have the burden of proving by the preponderance of the credible evidence any limitations to an award or any defenses to the claimant’s application.

(g) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having regard for the fact that the offender has not been convicted and for the interest of the victim.

(h) The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12, Stats.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (2) (intro.), (3) (b), (c), (h) Register May 2016 No. 725, eff. 6-1-16; CR 19-136: am. (1) (d), (3) (g) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.10 Review by attorney general {#sec-jus-11.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.10}

(1) Petition for review. After entry of a decision of the hearing examiner, any party who is adversely affected by that decision may submit a written petition for review by the attorney general of the record upon which that decision was based.

(a) The petition for review shall be served upon the attorney general and upon all other parties to the action, either personally or by certified mail, within ten days of the entry of the decision of the hearing examiner.

(b) The petition shall specify in detail the grounds for the review, the relief which the petitioner seeks and citation to any supporting authorities.

(c) Papers and petitions under this section shall be served in person or by mail and shall be addressed: Attorney General, 114 East State Capitol, Madison, WI 53702.

(2) Discretion. Within 14 days of receipt of the petition for review, the attorney general shall issue an order either granting or denying review of the decision. The attorney general shall not delegate the review to anyone who has had prior involvement in either the contested case hearing or decision-making process.

(a) If the order of the attorney general denies review, the decision of the hearing examiner shall become the final decision of the department.

(b) If the order of the attorney general grants review, the attorney general may order a transcript of the proceedings before the hearing examiner, the filing of briefs, presentation of oral arguments, or rehearing of all or part of the evidence presented at the original contested case hearing.

(3) Limitations. The petition for review by the attorney general under this section is not a prerequisite for the petition for rehearing under s. 227.49, Stats., or under s. 227.52, Stats. A petition for review pending under this section shall not in any manner affect or extend the time limits for filing an action under ss. 227.49 and 227.52, Stats.

(4) Attorney general’s decision. The attorney general’s decision shall set forth the findings of fact and conclusions of law which are at variance with, or in addition to, the determinations of the hearing examiner. The decision shall state the evidence relied on and the reasons for the decision.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Wis. Admin. Code § Jus 11.11 Duties of a law enforcement agency {#sec-jus-11.11 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.11}

(1) Provide forms. The department shall prescribe application forms for awards under this subchapter and may furnish law enforcement agencies with the forms. The law enforcement agency investigating a crime shall provide information as provided under s. 950.08 (2g) (b), Stats.

Note: A copy of the application form may be obtained from the Wisconsin department of justice at no charge.

(2) Provide information. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this subchapter.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. Register May 2016 No. 725, eff. 6-1-16; correction in (1) made under s. 35.17, Stats., Register May 2016 No. 725; CR 19-136: am. (1) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § Jus 11.12 Attorney fees {#sec-jus-11.12 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.12}

(1) Amount of fees. The department shall determine and allow reasonable attorney fees, commensurate with legal services rendered, which shall be paid directly to an attorney representing the claimant.

(a) Attorney fees may not exceed 10% of the amount the attorney assisted the applicant in obtaining.

(b) Attorney fees shall be paid out of, not in addition to, the amount awarded to the claimant.

(c) Where there is no dispute of the department’s determination of the amount of the award due to the claimant, and where no contested case hearing is held, the attorney fee shall be the lesser of 10% of the amount the attorney assisted the claimant in obtaining or $100.

(2) No additional attorney fees. No person may ask for, contract for or receive any fee in excess of that allowed by the department.

(a) The attorney shall provide a fee agreement to the department.

(b) Whoever charges a fee in violation of s. 949.14 (1), Stats., shall forfeit double the amount retained by the attorney. This forfeiture shall be collected by this state in an action in debt, upon complaint of the department. Out of the sum received the court shall direct payment to a claimant in the amount of the overcharge.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Wis. Admin. Code § Jus 11.13 Recovery {#sec-jus-11.13 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.13}

(1) Department subrogation. Whenever an order for the payment of an award for personal injury or death is or has been made under this subchapter, the department is subrogated to the cause of action of the claimant against the person responsible for the injury or death and may bring an action against the person for the amount of the damages sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more 3rd parties liable for the acts of the person responsible for the injury or death. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, Stats., any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund.

(2) Claimant action. In addition to the authority of the department to bring an action under sub. (1), the claimant may bring an action to recover damages. In any such action, the department has subrogation rights under this section and the claimant shall join the department as a party under s. 803.03 (2) (a), Stats. After joinder, the department has the options specified in s. 803.03 (2) (b), Stats.

(3) Judgment allocated. If a judgment or verdict in an action under sub. (1) or (2) indicates separately economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In such an action, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the awards for noneconomic detriment, punitive damages and economic loss.

(4) Civil action not necessary. In order to receive compensation under ch. 949, Stats., it is not necessary that an applicant first bring an action against the offender. If such an action is brought, and the applicant is successful, the proceeds of the action are subject to the provisions of this subchapter. The department shall notify the claimant of the requirements of this paragraph at the time the department makes an award to the claimant.

(5) Applicant responsibility. If a claimant receives from any source or third party any payment for damages, injuries or economic loss for which the applicant has been previously compensated under ch. 949, Stats., and this subchapter the applicant shall:

(a) Immediately notify the department.

(b) Within 30 days, reimburse the department, to the extent of the payment received, the amount previously awarded the applicant under ch. 949, Stats.

(6) Department responsibility. The department shall notify a claimant of the requirements under sub. (5).

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (1), (4), (5) (intro.) Register May 2016 No. 725, eff. 6-1-16.

Subchapter II Sexual Assault Forensic Examination Compensation

Wis. Admin. Code § Jus 11.14 Description of the program {#sec-jus-11.14 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.14}

(1) Authority and purpose. This subchapter is promulgated under s. 949.22, Stats., for the purpose of administering the awards of compensation to health care providers who perform sexual assault forensic examinations and providing procedures to ensure any limitation of an award is calculated in a fair and equitable manner.

(2) Applicability. This subchapter applies to all applications for an award to cover the costs of performing a sexual assault forensic examination.

(3) Administration. This subchapter shall be administered by the director appointed by the attorney general to administer ch. 949, Stats.

(4) Service and filing. Papers an required to be filed with the department of justice shall be filed either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 17 West Main Street, Post Office Box 7951, Madison, WI 53707-7951. The papers are deemed filed when received by the department.

(5) Definitions. In this subchapter:

(a) “Department” has the meaning specified in s. 949.20 (2), Stats.

(b) “Sex offense” has the meaning specified in s. 949.20 (7), Stats.

History

CR 15-058: cr. Register May 2016 No. 725; correction in (5) (intro.) made under s. 35.17, Stats., Register May 2016 No. 725; correction in (4) under 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § Jus 11.15 Eligibility for an award {#sec-jus-11.15 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.15}

(1) Incorporation of subchapter ii of ch. 949, stats. The health care provider must follow all requirements of subch. II of ch. 949, Stats.

(2) Examination services for which costs are covered. A health care provider is eligible to be paid an award for all of the following services:

(a) Collection of the victim’s medical history.

(b) Collection of a forensic history of the events of the assault.

(d) Photographs of the physical evidence of the sex offense, if the health care provider conducting the examination has been trained to take photographs for use as evidence.

(e) Evaluation, testing, and prophylaxis for sexually transmitted diseases.

(f) Evaluation of the risk of pregnancy.

(g) Collection of blood and urine using the collection kit provided by law enforcement.

(3) Other costs which are covered. A health care provider is also eligible to be reimbursed for other expenses incurred in conducting the examination, including but not limited to, the cost for the use of its facility for the examination.

(4) Relationship with s. 50.375, stats. Nothing in this subchapter affects a health care provider’s duties under s. 50.375, Stats.

History

CR 15-058: cr. Register May 2016 No. 725.

Wis. Admin. Code § Jus 11.16 Procedures for payment of awards of examination costs {#sec-jus-11.16 omnilex-key=us-wi-regs-official--agency-jus--Jus 11.16}

(1) Itemized bill. A health care provider seeking an award for examination costs shall provide an itemized bill to the department with individual charges listed for each service for which reimbursement is sought. Only one itemized bill shall be submitted for each examination. The health care provider shall also indicate the amount sought for all of the following categories of examination costs:

(a) Services of the provider.

(b) Facilities used for the examination.

(2) No billing of victim. Per s. 949.26 (2) (a), Stats., a health care provider seeking an award under this subchapter may not seek payment for any examination costs from the victim or any guardian of the victim.

(3) Payment directly to health care provider. The department will pay the award directly to the health care provider that performed the examination.

(4) Maximum amount of award. The department will pay two-thirds of the amount billed for eligible services, up to a maximum of $1200 for each examination. In exceptional cases, the department in its sole discretion may approve an award in excess of the maximum amount if the health care provider submits evidence that that maximum amount did not fairly and equitably compensate it for the costs incurred in conducting the examination. Beginning January 1, 2017, the maximum amount of an award shall be adjusted annually by the “inflation factor” as defined in s. 79.05 (1) (am), Stats., and certified by the department of revenue under s. 79.05 (2m), Stats.

History

CR 15-058: cr. Register May 2016 No. 725.

Chapter Jus 12 CRIME VICTIM AND WITNESS ASSISTANCE PROGRAM

Wis. Admin. Code § Jus 12.01 Description of the program {#sec-jus-12.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 12.01}

(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.

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.

(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.

Wis. Admin. Code § Jus 12.02 Program plan {#sec-jus-12.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 12.02}

(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:

Summary;
Levels of services to victims and witnesses that the county intends to provide;
Related personnel and agencies;
Proposed staffing for the program;
Proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services;
The county’s budget for implementing the program;
Civil rights assurance;
Copy of the county board resolution authorizing the program and plan submission; and
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.

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.
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.
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.

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.
Programs may assist potentially eligible crime victim compensation recipients in the completion and submission of their application forms.
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.

Programs shall provide information about and make appropriate referrals to agencies which provide support and other services.
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.
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.
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.

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.
Programs may assist witnesses in applying for payment of witness fees.

(e) Public information.

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.
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.
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.
Programs may initiate community public relations activities.

(f) Escort.

Programs shall provide information to victims and witnesses who request it on personal support services available to them while they are in court.
Programs may arrange accompaniment for witnesses throughout their court appearances.

(g) Transportation.

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.
Transportation services shall include the provision of information regarding the location of the courthouse and available parking facilities.
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.

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.
Programs may assist victims of felonies in developing victim impact statements to be provided to the court at the time of sentencing.
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.

(i) Employer intercession.

Programs shall notify employers of the victims and witnesses of crime of their employees’ involvement in the case whenever a victim or witness requests such notification and program staff determine it is feasible.
Programs may intercede with a victim’s or witness’s employer at the employee’s request when the occurrence of the crime or the court appearance might cause the employee to lose time from work which may jeopardize the employee’s wage or employment.

(j) Property return.

Programs shall inform victims of their right to have personal property held as evidence returned within a reasonable amount of time.
Programs shall refer victims to criminal justice authorities responsible for the return of property held as evidence and assist victims in securing the release of the property.
Programs may contact criminal justice authorities responsible for the return of property in order to obtain the early release of victims’ property.
Programs may participate in the administration of a system that facilitates the early release of victims’ property.

(k) Protection services.

Programs shall inform victims and witnesses of protection available, the level of protection available, and whom to contact if they are threatened or harassed.
When informed of threats or harassment, programs shall alert the appropriate law enforcement agencies and prosecutor.
Programs may arrange with law enforcement agencies to investigate allegations of intimidation or threats against victims and witnesses of crime.

(L) Waiting facilities and reception.

Programs shall provide safe, comfortable, and convenient facilities for victims and witnesses to wait upon their arrival to appear in court.
Programs shall provide for witness reception. Witness reception shall include information on waiting facilities, restrooms, food service, and other similar needs.
Programs may provide a separate waiting room for victims and witnesses while awaiting court appearances.

(m) Child victims and witnesses.

Programs may provide information and referrals specially suited to children’s needs, taking into consideration each child’s level of development, language skills, ability to understand, and the sensitivity of the crime.
Programs may provide explanations in language understood by the child of all legal proceedings in which the child is involved.
Programs may provide advice to the court concerning the child’s ability to understand the legal proceedings and the questions being asked. The advice may include the following:

a. Assistance in determinations concerning the taking of videotaped depositions;

b. Appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in legal proceedings; and

c. Assessment of the adverse impact a delay or continuance may have on the well being of a child victim or witness.

Programs may provide advice to the court concerning the child’s ability to cooperate with the prosecution and potential effects of the proceedings on the child.

(n) Notification of application for pardon or parole. Programs shall assist victims in enforcing their rights under s. 950.04 (1v) (f), Stats., pertaining to the provision of written statements concerning pardon and parole applications of convicted offenders. Arrangements for notification shall be in accordance with the provisions of ss. 304.06 (1) and 304.09, Stats.

(6) Related personnel and agencies. The plan shall include a list of all the people and organizations, public and private, who are responsible for services related to victims and witnesses.

(7) Staffing. The plan shall indicate personnel proposed to carry out the functions of the program, including paid and volunteer staff, and an organization chart which shows how the victim and witness staff fits into the agency within which it is located in the county.

(8) Education, training and experience. The plan shall contain position descriptions which include the education, training, and experience required of staff providing services through the program.

(9) Civil rights assurance. The plan shall contain an addendum which assures that the county or any of its subcontractors for purposes of providing victim and witness services will not discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation, or national origin.

(10) Use of volunteers. Counties may use volunteers and existing public resources for the provision of these services.

(11) Provision of service. Programs shall provide as many services as possible in person or over the telephone.

(12) Budget submission. In plan submissions, plan revisions, and reimbursement claims, a budget shall be submitted by the county to the department in sufficient detail to show the basis for the computation of the cost, justification, and explanation of budget items. The budget shall cover the entire victim and witness program.

(13) Budget categories. The proposed budget shall include the following categories:

(a) Personal services - salaries

(b) Personal services - benefits

(d) Permanent, non-expendable property

(e) Contractual services

(f) Other.

(14) Budget revisions. Proposed revisions to the plan budget shall be treated as a plan revision under sub. (3).

(15) Allowable costs.

(a) In this subsection, “allowable costs” means:

Salaries and benefits consistent with county classification and compensation plans;
Overtime and night differentials within the county’s established policies;
Travel expenses of program personnel that are reasonable, actual, and necessary to perform program functions;
Actual, necessary, and out-of-pocket costs for space rental added as a necessity to accommodate the program;
Staff development, including registration fees, travel to and from training and conferences, meals, lodging, membership dues, subscriptions, and library materials. Staff development shall relate directly to the provision of services or protection of the rights enumerated in ch. 950, Stats., and is subject to the approval and requirements of the department;
Public information, including the printing of brochures and similar projects;
Telephone costs, including reasonable and necessary monthly charges for local and long distance calls and installation for new programs’ start-up;
Maintenance, repair, and replacement of equipment, including maintenance contracts and replacement or repair of existing equipment previously approved by the department;
Office supplies subject to the approval of the department;
Equipment or non-expendable personal property having a useful life of more than one year and acquisition cost of more than $500 including taxes and installation costs; unless otherwise authorized by the department, equipment purchases are allowable only for new programs’ start-up;
Contractual services, including professional services not readily available within a county’s program and clearly consistent with program objectives. The services shall be subject to the approval of the department.

(b) The department shall review the program plan and approve allowable costs. Only direct costs incurred for the delivery of services defined in ss. 950.055 and 950.06, Stats., and this chapter are allowable for reimbursement purposes. Costs incurred for government functions that would otherwise be performed with or without a victim and witness assistance program are not allowable for reimbursement purposes.

(16) Annual report.

(a) Each county with an approved plan on file with the department shall submit to the department at least annually a report on the implementation of its plan.

(b) The department shall prescribe the content and format of the annual report.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92; corrections in (5) (n) and (15) (b) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.

Wis. Admin. Code § Jus 12.03 Financial requirements {#sec-jus-12.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 12.03}

(1) Reimbursement rate. A county with a plan approved by the department is eligible to receive reimbursement for not more than 90% of the county’s cost as approved by the department. If the reimbursement requests exceed the appropriations, the department may reduce the reimbursement to each county in an equal percentage.

(2) Reimbursement frequency. The department shall reimburse counties on a semiannual basis for the purposes of this chapter.

(3) Reimbursement claim submission. The county shall submit the completed claim form to the department within a reasonable period of time after January 1st and July 1st of each year.

(4) Reimbursement claim review. The department shall review reimbursement claims for compliance with this chapter and the approved county plan.

(5) Termination of reimbursement. The department may terminate or suspend reimbursement if it finds a substantial failure by a county to comply with the approved plan and laws and regulations affecting the program.

(6) Accounting practices. Counties shall maintain an accounting system which discloses the amount and disposition of all reimbursed funds. Generally accepted accounting practices shall be followed.

(7) Expenditure of funds. County records shall show expenditure of funds by source. All ledger account entries shall be supported by secondary or intermediate records and the original source documentation.

(8) Time and effort records. Counties shall keep time and effort records for each county employee providing direct services and support services under this chapter. Time and effort records include hours worked and brief description of work done.

(9) Accessibility of records. All record books, documents, and records related to the program shall be accessible to the department for inspection and audit upon reasonable notice.

(10) Retention of records. All records shall be retained for at least 3 years. Records for property shall be kept for 3 years after the property’s final disposition.

(11) Audit.

(a) A county shall include the victim and witness assistance program in its annual audit.

(b) If an audit shows discrepancies, adjustments may be made in future reimbursement payments. A copy of all audit discrepancies shall be forwarded to the department as soon as possible.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Wis. Admin. Code § Jus 12.04 Intergovernmental cooperation {#sec-jus-12.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 12.04}

(1) Purpose. The county board, district attorney, law enforcement agencies, clerks of courts, correctional agencies, and social service agencies shall cooperate with each other and assist in carrying out the purposes of this chapter to ensure that victims and witnesses of crimes receive the rights and services to which they are entitled.

(2) Availability of reports and files. The district attorney, law enforcement agencies, correctional agencies, state agencies, and the courts shall make available to the person or agency responsible for administering the program all reports and files, except reports and files which are required by statute to be kept confidential, if the reports or files are required by the person or agency to carry out program responsibilities under s. 950.07, Stats.

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Chapter Jus 16 ENFORCEMENT OF TOBACCO MASTER SETTLEMENT AGREEMENT

Wis. Admin. Code § Jus 16.01 Definitions {#sec-jus-16.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 16.01}

In this chapter:

(1) “Directory” means the directory of compliant tobacco product manufacturers and brands, as provided for by s. 995.12 (2) (b), Stats.

(2) “Quarter” means January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.

(3) “Tobacco product manufacturer” has the meaning given in s. 995.10 (1) (i), Stats.

History

CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05; corrections in (1) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § Jus 16.03 Quarterly escrow deposits {#sec-jus-16.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 16.03}

(1) The attorney general may require all nonparticipating manufacturers to make the escrow payments required by s. 995.10 (2), Stats., in quarterly installments. Factors that the attorney general may use in deciding whether to exempt a nonparticipating manufacturer from quarterly escrow payments include:

(a) Established history of compliant escrow deposit. Nonparticipating manufacturers that have an established history of fully and timely funding a qualified escrow fund in Wisconsin, including for sales in the calendar year immediately prior to the current sales year.

(b) No outstanding judgments. Nonparticipating manufacturers that have no outstanding unpaid judgments, including any civil penalty.

(c) Limited sales volume. Nonparticipating manufacturers that have fewer than 1,000,000 of their cigarettes sold in Wisconsin during a quarter.

(d) Other considerations. The attorney general may also consider other facts reasonably suggesting that the nonparticipating manufacturer may not make its full required escrow deposit by April 15 of the year following the year in which the cigarettes sales were made.

(2) Nonparticipating manufacturers that are required to make quarterly escrow deposits shall make their escrow deposits no later than 30 days after the end of the quarter in which the sales are made, and shall provide the attorney general receipt of official notification of the deposit no later than 10 days after the date that the escrow deposit is required.

Note: For example, the deadline for making a quarterly escrow deposit for cigarette sales occurring in February is April 30 of the same year. The deadline for officially notifying the attorney general of a quarterly escrow deposit for sales of cigarettes that occurred in February is May 10 of the same year.

(3) If the attorney general requires a nonparticipating manufacturer to make quarterly payments, the nonparticipating manufacturer shall also certify that such payments are complete and provide information sufficient to enable the attorney general to determine the adequacy of the installment. To be timely filed, the certification must be received by the attorney general’s office within 40 days of the end of the quarter in which sales were made. If the required certification is not provided to and timely received by the attorney general, the attorney general may remove the delinquent nonparticipating manufacturer and its brand families from the directory.

(4) If the required quarterly escrow deposit is not timely made in full, or the attorney general does not receive timely official notice of the quarterly escrow deposit, the attorney general shall remove the delinquent nonparticipating manufacturer and its brand families from the directory.

History

CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § Jus 16.04 Directory {#sec-jus-16.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 16.04}

(1)

(a) Except as provided in this section, the attorney general shall maintain and publish a directory that lists all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of s. 995.12 (2) (a), Stats., and all brand families that are listed in such certifications.

(b) In determining what constitutes a complying certification, the attorney general may require the tobacco product manufacturer to provide such information and supporting documentation, including samples of the product sought to be certified, as the attorney general deems necessary. The attorney general may require the certification to be signed by an owner, officer, partner or director of the tobacco product manufacturer.

(c) The attorney general shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand families to keep the directory in conformity with the requirements of this chapter and s. 995.12, Stats.

(2) The attorney general shall not include or retain in the directory the name or brand families of any tobacco product manufacturer if any of the following apply:

(a) The tobacco product manufacturer fails to provide the required certification in the form prescribed by the attorney general.

(b) The tobacco product manufacturer provides a certification that the attorney general determines is not in compliance with s. 995.12 (2) (a), Stats., unless such violation has been cured to the satisfaction of the attorney general.

(c) Any escrow payment required pursuant to s. 995.10 (2), Stats., for any period or for any brand family, whether or not the brand family is listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general.

(d) Any outstanding final judgment, including interest, has not been fully satisfied for such brand family and/or the manufacturer.

(e) The tobacco product manufacturer makes a misrepresentation on the certification.

(3) The directory will be available on the Internet at the attorney general’s website. The homepage address for the attorney general’s website is: http:// www.doj.state.wi.us/.

History

CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05; corrections in (1) (a), (c), (2) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § Jus 16.05 Notification of inclusion in and exclusion from directory {#sec-jus-16.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 16.05}

(1) If a tobacco product manufacturer has applied for inclusion in the directory, and the attorney general determines that it is in compliance with s. 995.12, Stats., the attorney general shall notify the tobacco product manufacturer by mail of the compliance and of the fact that the manufacturer will be added to the directory. The notice shall indicate each brand family of the tobacco product manufacturer that the attorney general has determined will be added to the directory.

(2) The attorney general shall notify by certified mail the tobacco product manufacturer’s agent for service of process of any decision not to include in or to remove from the directory the tobacco product manufacturer, a brand family of the tobacco product manufacturer, or both. Notices of a removal from the directory shall be sent electronically 10 days prior to the attorney general’s removing the tobacco product manufacturer or its brand family or both.

History

CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § Jus 16.06 Burden {#sec-jus-16.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 16.06}

The burden of proof shall be on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed in the directory.

History

CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05.

Chapter Jus 17 LICENSES TO CARRY CONCEALED WEAPONS

Wis. Admin. Code § Jus 17.01 Purpose {#sec-jus-17.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.01}

The purpose of this chapter is to establish standards and procedures, as required under s. 175.60, Stats., for the issuance and administration of licenses authorizing persons to carry concealed weapons, the review of licensing decisions by the department, the recognition by Wisconsin of concealed carry licenses issued by other states, and the certification of firearms safety and training instructors.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.02 Applicability {#sec-jus-17.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.02}

(1) Except as provided in sub. (2), this chapter applies to the issuance and administration of all licenses to carry concealed weapons issued by the department pursuant to s. 175.60, Stats.

(2) This chapter does not apply to any of the following:

(a) Certification of former law enforcement officers to carry concealed weapons pursuant to s. 175.49 (2), Stats.

(b) Certification of former federal law enforcement officers to carry concealed weapons pursuant to s. 175.49 (3), Stats.

(d) The carrying of concealed weapons by law enforcement officers acting in their official capacity.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.03 Definitions {#sec-jus-17.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.03}

In this chapter:

(1) “Applicant” means an individual applying for a license to carry a concealed weapon pursuant to s. 175.60, Stats., who does not currently hold a valid license and is not applying for replacement or renewal.

(2) “Approval number” means the unique number the department assigns to an applicant pursuant to s. 175.60 (9g) (a) 3. b., Stats., when a completed background check on the applicant indicates that s. 175.60 (3) (b), (c), (d), and (e), Stats., do not apply to the applicant.

(3) “Background check” has the meaning given in s. 175.60 (1) (ac), Stats.

(4) “Confirmation number” means the unique number the department issues pursuant to s. 175.60 (9g) (a) 1., Stats., to identify every accepted application for a license to carry a concealed weapon.

(5) “Department” means the Wisconsin department of justice.

(6) “FBI” means the federal bureau of investigation.

(7) “Firearms safety or training course” means a course of instructor-led training that provides a certificate or affidavit of successful completion that includes the items specified in s. Jus 17.05 (2) (a) and that, at a minimum, instructs on, and practices the student’s comprehension of, firearm safety rules; safe firearm and ammunition use, handling, transport, and storage; legally permissible possession, transportation, and use of firearms, including use of deadly force; and techniques for avoiding and controlling violent confrontations.

(8) “Instructor-led” means training that is conducted face-to-face individually or in groups with an instructor-student ratio that does not exceed 50 students per instructor and in which instructors actively guide students through each lesson, answer questions, facilitate discussion, and provide feedback on activities and assignments. Learner-led or self-directed learning — the delivery of learning experiences to independent learners who lead and manage their own experience, delivered via web pages, multimedia presentations, computer applications, online presentations, or similar methods — is not instructor-led.

(9) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

(10) “License number” means the unique identification number the department assigns to a licensee pursuant to s. 175.60 (2m) (b) 6., Stats., when it issues a license.

(11) “Licensee” means a person who has been issued a license to carry a concealed weapon under s. 175.60, Stats.

(12) “National or state organization that certifies firearms instructors” means any association, partnership, corporation, or limited liability company that is registered, certified, or has an appointed agent on file with the department of financial institutions or has equivalent legal recognition in another state; that customarily or regularly provides training and certification for firearms instructors; and that requires its certified instructors to demonstrate the ability and knowledge required to teach a firearms safety or training course, as defined in sub. (7).

(13) “NICS” means the National Instant Criminal Background Check System of the FBI.

(14) “Non-approval number” means the unique number the department assigns to an applicant pursuant to s. 175.60 (9g) (a) 3. a., Stats., when a completed background check on the applicant indicates that s. 175.60 (3) (b), (c), (d), or (e), Stats., applies to the applicant.

(15) “Weapon” has the meaning given in s. 175.60 (1) (j), Stats.

Note: INITIAL APPLICABILITY. The definition of “Firearms safety or training course” in s. Jus 17.03 (7), the definition of “Instructor-led” in s. Jus 17.03 (8), and the requirements for documenting proof of training in s. Jus 17.05 (2) shall first apply to a firearms safety or training course that commences on June 1, 2013.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.04 Application procedures for concealed weapon licenses {#sec-jus-17.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.04}

(1) Processing of application. When the department receives an application for a license to carry concealed weapons under s. 175.60 (7), Stats., the department shall do the following in the sequence listed:

(a) Review the application for completeness. An application is complete when the department has received all of the items listed in s. 175.60 (7) (a) to (e), Stats.:

A completed version of the application form prescribed by the department pursuant to s. 175.60 (5) (a), Stats.
A statement that the information submitted in the application and any supporting documents are true and complete to the best of the applicant’s knowledge.
The license replacement, or renewal fee prescribed in s. Jus 17.12 (1) or (3).
The background check fee prescribed in s. Jus 17.12 (2).
Proof of training, as provided in s. Jus 17.05.

(am) If an application is complete, the department shall proceed under par. (b). If an application is incomplete, the department shall reject it and shall send written notice of the rejection to the applicant at the residence address provided by the applicant in the application form. The notice of rejection shall explain why the application was found to be incomplete and what must be submitted to complete the application.

Note: The application form is available on the department’s Internet site: www.doj.state.wi.us/.

(b) Confirm that the state identification card number submitted by the applicant has been issued to that person by the department of transportation under s. 343.17 (3) (a) 4. or 343.50, Stats., and that the number does not correspond to a driver’s license or state identification card that is either expired or cancelled. If the applicant’s state identification number meets these requirements, the department shall proceed under par. (c). If the applicant’s state identification number does not meet these requirements, the department shall deny the application and proceed under sub. (2).

(c) Review the application for age and residence eligibility under s. 175.60 (3) (a) and (f), Stats. If the applicant is at least 21 years of age and is a Wisconsin resident, the department shall proceed under par. (d). If the applicant is less than 21 years of age or is not a Wisconsin resident, the department shall deny the application and proceed under sub. (2).

(d) Review the proof of training submitted by the applicant for compliance with the requirements of s. 175.60 (4) (a), Stats., and s. Jus 17.05. If the proof of training meets all of those requirements, the department shall proceed under par. (e). If the proof of training fails to meet any of those requirements, the department shall deny the application and proceed under sub. (2).

(e) Enter the application data into the department’s license record keeping system, assign the applicant a confirmation number, and proceed under par. (f).

(f) Conduct a background check of the applicant pursuant to s. 175.60 (9g), Stats., for the purpose of determining whether issuance of a license to the applicant is prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats. If issuance of a license is not prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats., the department shall issue the license, assign a license number to the licensee, and promptly send the license document to the licensee by 1st class mail. If issuance of a license is prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats., the department shall deny the application and proceed under sub. (2).

(2) Denial of application. If an application is denied under sub. (1) (b), (c), (d), or (f), the department shall inform the applicant in writing of the denial. The notice of denial shall state the reasons and factual basis for the denial decision. The notice of denial shall also advise the applicant of the right to seek administrative review of the denial decision under s. Jus 17.09 or judicial review under s. 175.60 (14m), Stats. The notice of denial shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13; (1) (am) numbered under s. 13.92 (4) (b) 1., Stats., Register May 2013 No. 689.

Wis. Admin. Code § Jus 17.05 Training and documentation requirements {#sec-jus-17.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.05}

(1) Training documentation to be furnished by applicant. The following forms of documentation shall be accepted by the department as adequate proof of training sufficient to satisfy the training requirements of s. 175.60 (4) (a), Stats., and of this section:

(a) A certificate or affidavit documenting that the applicant has successfully completed the department of natural resources’ hunter education program or a substantially similar program that is established by another state, country, or province and is recognized by the department of natural resources.

(b) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course conducted by a national or state organization that certifies firearms instructors. The documentation shall include the items specified in sub. (2) and shall affirm that the organization that conducted the course is an organization that certifies firearms instructors.

(c) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is available to the public and offered by a law enforcement agency. The documentation shall include the items specified in sub. (2) and shall affirm that the course is one that is available to the public.

(d) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is available to the public and offered by a technical college, college, university, private or public institution or organization, or firearms training school. The documentation shall include the items specified in sub. (2), shall affirm that the course was taught by an instructor who is certified either by the department or by a national or state organization that certifies firearms instructors, and shall identify the certifying organization by name.

(e) A certificate or affidavit documenting that the applicant has successfully completed a firearms training course that is offered to law enforcement officers and is certified by the law enforcement standards board or a certificate from an agency of another state documenting that the applicant has successfully completed substantially equivalent training. The documentation shall include the items specified in sub. (2) except that, notwithstanding the requirements of sub. (2), a copy of an educational transcript of the applicant showing successful completion of the requisite training shall suffice to satisfy this requirement.

(f) A certificate or affidavit documenting that the applicant has successfully completed a firearms training course that is offered to owners and employees of private detective and security agencies licensed by the department of safety and professional services under s. 440.26, Stats., or a certificate from an agency of another state documenting that the applicant has successfully completed substantially equivalent training. The documentation shall include the items specified in sub. (2).

(g) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is conducted by an instructor who is certified either by the department or by a national or state organization that certifies firearms instructors. The documentation shall include the items specified in sub. (2), shall affirm that the instructor is certified either by the department or by a national or state organization that certifies firearms instructors, and shall identify the certifying organization by name.

(h) A copy of a current or expired license held by the applicant indicating that the applicant is or has been licensed to carry a firearm in this state, in another state, or in a county or municipality of this state or of another state, provided that the current or expired license has not been revoked for cause. The copy of the current or expired license shall be accompanied by the applicant’s signed affirmation that the current or expired license has not been revoked for cause. This affirmation shall be submitted on an affirmation form that shall be prepared by the department and made available to the public on the department’s Internet site.

(i) A copy of a DD-214 form, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, showing that the applicant has received an honorable discharge or a general discharge under honorable conditions from the United States armed forces, reserves, or national guard after completion of basic or officer training or a certificate of completion of basic or officer training with a service record of successful completion of small arms training and certification.

(2) Content requirements for training certificate or affidavit.

(a) A certificate or affidavit supplied by the instructor or organization that is submitted to the department under sub. (1) (b), (c), (d), (e), (f), or (g) for the purpose of documenting that the applicant has successfully completed a firearms safety or training course shall include all of the following information:

The applicant’s name.
The name of the firearms safety or training course.
The date on which the applicant completed the firearms safety or training course.
The name of the instructor who taught the firearms safety or training course to the applicant and the name of the agency or organization that certified the instructor.

(b) In addition to a certificate or affidavit meeting the requirements of par. (a), the documentation of training submitted by an applicant shall include evidence sufficient to establish that the course completed by the applicant was a firearms safety and training course as defined in s. Jus 17.03 (7). Sufficient evidence shall include one of the following:

A signed statement by the instructor who taught the firearms safety or training course to the applicant affirming that the course completed by the applicant was a firearms safety and training course as defined in s. Jus 17.03 (7).
Information on the certificate or affidavit described in sub. (2) (a) sufficient to establish that the course completed by the applicant was a firearms safety and training course as defined in s. Jus 17.03 (7).
A signed statement by the applicant as part of the application affirming that the applicant successfully completed a firearms safety or training course and describing the scope and contents of that course in a manner sufficient to determine that the course was a firearms safety and training course as defined in s. Jus 17.03 (7).

(3) Model training Certificate. The department shall prepare and make available to the public on its Internet site a model training certificate that provides for the information required under sub. (2).

(4) Model training curriculum. The department shall prepare a training curriculum for a firearms safety or training course, as that term is defined in s. Jus 17.03 (7), and shall make that curriculum available for the use of firearms instructors who are certified by the department pursuant to s. Jus 17.06. Instructors who are not certified by the department may use that curriculum in preparing and conducting their own courses, but they shall not represent themselves or their courses as certified or approved by the department.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.06 Firearms instructors certified by the department {#sec-jus-17.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.06}

(1) An individual shall be certified by the department as a firearms instructor for purposes of s. 175.60 (4) (b) 1., Stats., if the individual is certified as a law enforcement firearms instructor by the law enforcement standards board and the individual is eligible to carry a concealed weapon under s. 175.60 (3), Stats. The individual’s certification by the department under s. 175.60 (4) (b) 1., Stats., shall be in effect only when the individual’s certification by the law enforcement standards board is in effect. Renewal of an individual’s instructor certification by the law enforcement standards board shall automatically renew the individual’s certification under this section.

(2) If a firearms instructor certified by the department under sub. (1) at any time becomes ineligible to carry a concealed weapon under s. 175.60 (3), Stats., the instructor shall, within 48 hours, notify the department’s training and standards bureau of the circumstances giving rise to the ineligibility. The training and standards bureau shall immediately suspend the instructor’s certification under sub. (1) and shall provide notice of that suspension to the department’s crime information bureau. The suspension shall remain in effect for as long as the individual remains ineligible to carry a concealed weapon under s. 175.60 (3), Stats.

(3)

(a) A firearms instructor certified by the department under sub. (1), when teaching a firearms safety or training course under the authority of that certification, shall use the training curriculum provided by the department pursuant to s. Jus 17.05 (4) and a training certificate in a form approved and supplied by the department.

(b) If the department determines that a firearms instructor certified by the department under sub. (1) has not satisfied the requirements of par. (a) or sub. (2), the department may revoke the instructor’s certification under sub. (1). The department shall send the instructor written notification of any such revocation and shall afford the instructor the opportunity to request a hearing pursuant to s. 227.42, Stats.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.07 License revocation or suspension {#sec-jus-17.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.07}

(1) Department to revoke or suspend as required. Upon receiving a notice about an individual pursuant to s. 175.60 (11) (a) 2., Stats., the department shall immediately check its computerized license records to determine if the individual who is the subject of the notice is a licensee. If the individual is found to be a licensee, the department shall determine whether revocation or suspension of the individual’s license is required under s. 175.60 (14) (a) or (am), Stats., and shall revoke or suspend the license as required.

(2) Notice of revocation or suspension.

(a) If the department at any time revokes or suspends a license under s. 175.60 (14) (a) or (am), Stats., the department, within one day, shall send to the individual written notice of the revocation or suspension. The notice shall include a statement of the reasons and factual basis for the revocation or suspension and shall be accompanied by a copy of any pertinent records supporting the revocation or suspension. The notice shall also advise the individual of the right to seek administrative review of the revocation or suspension under s. Jus 17.09 or judicial review under s. 175.60 (14m), Stats. The notice shall be sent to the individual by a method of shipment that provides confirmation of delivery, including the date of delivery.

(b) Any notice of a suspension of a license pursuant to s. 175.60 (14) (am), Stats., shall also include a statement that if the licensee, at any time, ceases to be subject to the prohibition underlying the suspension, the licensee may submit to the department authenticated documentation establishing that fact.

(3) Return of revoked or suspended license. Any notice of revocation or suspension issued by the department under sub. (2) shall instruct the individual whose license has been revoked or suspended to do one of the following within 7 days:

(a) Deliver the revoked or suspended license document to the department either personally or by certified mail.

(b) Mail to the department a signed statement indicating that the individual no longer has possession of the revoked or suspended license document and explaining the reasons why he or she no longer has possession.

(4) Effective date of revocation or suspension. Any suspension or revocation of a license under s. 175.60 (14) (a) or (am), Stats., shall take effect on the date when the individual whose license has been revoked or suspended receives the notice of revocation or suspension under sub. (2).

(5) Reinstatement of suspended license. If the department receives information, pursuant to sub. (2) (b) or by other means, establishing that an individual whose license has been suspended under s. 175.60 (14) (am) is no longer subject to the prohibition underlying that suspension, the department shall, within 5 business days of receiving that information, do the following in the sequence listed:

(a) Determine whether the suspended license has expired under s. 175.60 (15) (a), Stats. If the suspended license has not expired, the department shall proceed under par. (b). If the suspended license has expired, the department shall notify the individual that the suspended license cannot be reinstated unless the individual first complies with the license renewal requirements of s. 175.60 (15), Stats.

(b) Conduct a background check of the individual for the purpose of determining whether reinstatement of the suspended license is prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats. If reinstatement of the suspended license is not prohibited, the department shall proceed under par. (c). If reinstatement of the suspended license is prohibited, the department shall notify the individual in writing of the reason why the suspended license cannot be reinstated and shall include a copy of any background check records supporting the denial of reinstatement. Notice of a denial of reinstatement shall also advise the applicant of the right to seek administrative review under s. Jus 17.09 or judicial review under s. 175.60 (14m), Stats., and shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.

(c) Reinstate the suspended license and mail to the individual written notification of that reinstatement. If the individual has previously delivered the suspended license document to the department pursuant to sub. (3) (a), the department shall also promptly return the reinstated license document to the individual by 1st class mail.

(6) Reapplication following revocation. If an individual whose concealed carry license has been properly revoked by the department pursuant to s. 175.60 (14) (a), Stats., wishes to again carry a concealed weapon pursuant to s. 175.60, Stats., the individual shall apply for a new license pursuant to s. Jus 17.04 and satisfy all requirements of that section, including the payment of all applicable fees.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.08 Changes, updates, replacements, or renewals of licenses {#sec-jus-17.08 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.08}

(1) Change of address. Written notice of a change of address from a licensee pursuant to s. 175.60 (11) (b) 1., Stats., shall be submitted on a form provided by the department. Upon receiving such notice of a change of address, the department shall update its license records with the new information. At the request of a licensee whose address has changed, the department shall issue the licensee a new license document containing the new address.

Note: The change of address form is available on the department’s Internet site: www.doj.state.wi.us. The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(2) Name change. No later than 30 days after legally changing his or her name, a licensee shall provide the department with written notification of the name change on a form provided by the department. Upon receiving such notification, the department shall process the name change as a new application under s. Jus 17.04 and shall conduct a background check of the licensee under the new name. If the background check shows that s. 175.60 (3) (b), (c), (d), or (e), Stats., applies to the licensee, the department shall revoke or suspend the licensee’s previous license under s. 175.60 (14) (a) or (am), Stats., as appropriate. If the background check shows that s. 175.60 (3) (b), (c), (d), and (e), Stats., do not apply to the licensee, the department shall issue the licensee a new license document containing the licensee’s updated information. If the licensee receives a new license from the department under this section, the licensee shall immediately deliver his or her previous license to the department either personally or by certified mail.

Note: The name change form is available on the department’s Internet site: www. doj.state.wi.us. The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(3) Lost or destroyed license. Pursuant to s. 175.60 (13), Stats., upon the request of a licensee the department may replace a license document that has been lost, destroyed, or has become unreadable or unusable. The request shall be accompanied by all or any portion of the license document that is available. If the licensee does not submit the original license document, the department shall issue a new unique approval number and terminate the existing approval number.

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(4) License renewal. Unless revoked or suspended, any license other than an emergency license is valid for five years from the date of issuance by the department. Pursuant to s. 175.60 (5) (a), Stats., the department “shall complete the design of the renewal form no later than July 1, 2014.”

(5) Fees.

(a) For any license document issued under this section, the department shall charge the replacement or renewal fee provided in s. Jus 17.12 (3).

(b) For any background check conducted under this section, the department shall charge the background check fee provided in s. Jus 17.12 (2).

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.09 Administrative review after denial, suspension, or revocation {#sec-jus-17.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.09}

(1)

(a) After receiving written notice of denial of a license application under s. Jus 17.04 (2), written notice of a license revocation or suspension under s. Jus 17.07 (2), or written notice of denial of reinstatement of a license under s. Jus 17.07 (5) (b), an applicant or licensee may submit to the department a written petition for administrative review of the denial, revocation, or suspension decision. A petition for administrative review is timely only if received by the department within 30 days after the date on which the denial, revocation, or suspension decision was mailed to the applicant or licensee. There is no fee for administrative review of the denial, revocation, or suspension of a license.

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(b)

A petition for administrative review under par. (a) shall specifically identify any alleged errors in the decision to be reviewed and shall be accompanied by a copy of the decision to be reviewed and by authenticated copies of all supporting documentation that the applicant or licensee wishes the department to consider when conducting the review.
If a petition for administrative review alleges that the department has incorrectly determined that the applicant or licensee is prohibited from possessing a firearm or dangerous weapon under s. 175.60 (3) (b), (c), (d), or (e), Stats., the supporting materials submitted with the petition shall include proof of the identity of the applicant or licensee. Satisfactory proof of identity shall include a set of rolled-ink fingerprints of the applicant or licensee prepared by a law enforcement agency on a state or FBI fingerprint card. Fingerprints are not required if the petition for administrative review does not allege that the department has incorrectly determined that the applicant or licensee is prohibited from possessing a firearm or dangerous weapon under s. 175.60 (3) (b), (c), (d), or (e), Stats.
If any alleged error identified in a petition for administrative review is based on the existence or disposition of an apparent criminal arrest or conviction, the petition shall specifically identify any error in any pertinent background check records and shall be accompanied by authenticated copies of any court documents establishing the alleged error.
If a petition for administrative review claims that the department has erroneously suspended a license pursuant to s. 175.60 (14) (am), Stats., the supporting materials submitted with the petition shall include authenticated copies of any pertinent court records or other pertinent records.
If any alleged error identified under subd. 1. is based on a claim that the applicant or licensee has received a pardon or has obtained relief under s. 51.20 (13) (cv) 1m., 51.45 (13) (i) 2., 54.10 (3) (f) 2., 55.12 (10) (b), or 941.29, Stats., the petition shall be accompanied by authenticated copies of the pardon or court documents establishing any such relief.

(c)

If the department receives a timely petition for administrative review, a review proceeding shall be conducted by the attorney general or the attorney general’s designee. The review shall be based on consideration of all items and records in the department’s possession related to the decision under review, including the written notice of denial, revocation, or suspension under review; the petition for administrative review and any supporting documentation submitted by the applicant or licensee.
If in the course of a review proceeding under subd. 1., the department determines that additional supporting documentation is needed from the applicant or licensee, the department shall send the applicant or licensee a written request for the additional documentation. While any such request is pending, the time for the department to complete the review proceeding under par. (d) shall be tolled and shall not begin to run again until the applicant or licensee has provided the requested documentation.

(d)

No later than 30 days after receiving a petition for administrative review and supporting documentation, the attorney general or the attorney general’s designee shall complete the review under par. (c) and shall issue a written decision on behalf of the department either affirming or reversing the denial, revocation, or suspension under review. The written decision shall include the reasons and factual basis for the department’s decision and shall advise the applicant or licensee of the right to seek judicial review under s. 175.60 (14m), Stats. The written decision shall be sent to the applicant or licensee by a method of shipment that provides confirmation of delivery, including the date of delivery.
If the written decision issued under subd. 1. affirms the denial of a license application, the written decision shall include notification to the applicant that any non-approval number previously issued remains in effect.
If the written decision issued under subd. 1. affirms the revocation or suspension of a license, the written decision shall include notification to the licensee that the previously imposed revocation or suspension remains in effect.
If the written decision issued under subd. 1. reverses the denial of a license application, the department shall withdraw any previously issued non-approval number and shall issue the license, assign a license number to the licensee, and promptly send the license document to the licensee by 1st class mail. If the department has previously received a set of fingerprints from the applicant, the department shall return those fingerprints to the applicant.
If the written decision issued under subd. 1. reverses the revocation or suspension of a license, the department shall reinstate the revoked or suspended license and the written decision shall include notification to the licensee of such reinstatement. If the licensee has previously delivered the revoked or suspended license document to the department pursuant to s. Jus 17.07 (3) (a), the department shall promptly return the reinstated license document to the licensee by 1st class mail. If the department has previously received a set of fingerprints from the licensee, the department shall return those fingerprints to the licensee.
If the written decision issued under subd. 1. includes a finding that any pertinent background check record is erroneous or incomplete, the department shall take appropriate steps to correct that record.

(e) If the written decision under par. (d) 1. affirms the denial, revocation, or suspension of a license and the applicant or licensee does not file a timely petition for judicial review under s. 175.60 (14m), Stats., the department shall return to the applicant or licensee any set of fingerprints previously submitted to the department by the applicant or licensee.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.10 Emergency Licenses {#sec-jus-17.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.10}

(1) If a court that is considering a petition for an emergency concealed carry license pursuant to s. 175.60 (9r), Stats., or a court that has issued such an emergency license asks the department to conduct a background check for the purpose of determining whether s. 175.60 (3) (b), (c), (d), or (e), Stats., applies to the person requesting or holding the emergency license, the department shall conduct the background check as soon as reasonably practicable and shall report the results to the requesting court.

(2) Any information that the department receives from a court regarding the issuance or revocation of an emergency concealed carry license under s. 175.60 (9r), Stats., shall be entered by the department into its computerized license records and shall be available to law enforcement as provided in s. 175.60 (12) and (12g), Stats.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.11 Documentation {#sec-jus-17.11 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.11}

(1) The department shall create and keep the following items related to the issuance and administration of concealed carry licenses under s. 175.60, Stats., the review of licensing decisions by the department, and the certification of firearms safety and training instructors:

(a) All of the information submitted to the department by applicants pursuant to s. 175.60 (7), Stats., and notes related to that information.

(b) A log of each rejected application including the reasons for rejection and a count of the number of rejected applications.

(d) The approval or non-approval number for each applicant on whom the department has conducted a background check.

(e) The license number for each licensee to whom the department has issued a concealed carry license.

(f) A log of each record search of the department’s computerized license records, including the date or dates of the search and any confirmation number, license number, or approval or non-approval number associated with the search.

(g) Documentation concerning the cost to the department of issuing concealed carry licenses under s. 175.60, Stats., and this chapter.

(h) All records that the department is required to keep by applicable state or federal laws.

(2) The department may create and keep any other items reasonably necessary for the department to perform its responsibilities under s. 175.60, Stats., and this chapter.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.12 Fees {#sec-jus-17.12 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.12}

(1) License fee. The license fee charged by the department pursuant to s. 175.60 (7) (c), Stats., shall be $30.

(2) Background check fee. The fee for any background check conducted by the department pursuant to s. Jus 17.04 (1) (f) or 17.07 (5) (b) shall be $13.

(3) Replacement or renewal fee. The fee charged by the department for replacing a lost or destroyed license pursuant to s. 175.60 (13), Stats., or for renewing a license pursuant to s. 175.60 (15) (b) 4. a., Stats., shall be $12.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 17.13 Recognition of out-of-state licenses {#sec-jus-17.13 omnilex-key=us-wi-regs-official--agency-jus--Jus 17.13}

(1) Definitions. In this section:

(a) “Concealed carry license” means a current, valid permit, license, approval, or other authorization to carry a concealed weapon that is issued by a state other than Wisconsin.

(b) “Out-of-state license” has the meaning given in s. 175.60 (1) (f), Stats.

(2) Recognition of mandatory background checks. A background search required by another state for the issuance of a concealed carry license shall be recognized as comparable to a background check under s. 175.60 (1) (ac), Stats., if the license is issued by one of the following:

(a) A state that by statute or administrative rule expressly requires a background check that includes a NICS search as a prerequisite for obtaining a concealed carry license.

(b) A state that, through the office of its attorney general or another appropriate state agency or official, has informed the department that the state, as a matter of policy, requires a background check that includes a NICS search as a prerequisite for obtaining a concealed carry license.

(3) recognition of voluntary background checks. If a state is not covered by sub. (2), but issues a concealed carry license that designates that the holder chose to voluntarily submit to a background check, the voluntary background check shall be recognized as comparable to a background check under s. 175.60 (1) (ac), Stats., if that state, through the office of its attorney general or another appropriate state agency or official, has informed the department that the background check includes a NICS search.

(4) Licenses issued by other states that are valid in Wisconsin.

(a) A concealed carry license issued by any of the states to which sub. (2) (a) or (b) applies is a valid out-of-state license. A person who has been issued such an out-of-state license, who is 21 years of age or over, and who is not a Wisconsin resident is an out-of-state licensee as defined in s. 175.60 (1) (g), Stats.

(b) A concealed carry license issued by any of the states to which sub. (3) applies is a valid out-of-state license, if the license indicates that the holder of that license has chosen to submit to a background check. A person who has been issued such a license, who is 21 years of age or over, and who is not a Wisconsin resident is an out-of-state licensee as defined in s. 175.60 (1) (g), Stats.

(5) List of states currently issuing licenses valid in Wisconsin. The department shall create and maintain a list of the names of all the states to which sub. (2) (a) or (b) or (3) applies and shall make the list available to the public on the department’s Internet site.

(6) Modifications to list of states currently issuing licenses valid in Wisconsin.

(a) If the department determines that a state whose name is not included in the list created under sub. (5) is a state to which sub. (2) (a) or (b) or (3) applies, the department shall add that state to the list.

(b) If the department determines that a state whose name is included in the list created under sub. (5) is a state to which sub. (2) (a) or (b) or (3) does not apply, the department shall remove that state from the list.

(c) Any person possessing information indicating that the list created under sub. (5) is not accurate may submit that information to the department. Upon receiving such information, the department shall take reasonably necessary and appropriate steps to review the accuracy of the list and correct any inaccuracies.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Chapter Jus 18 CERTIFICATION OF FORMER FEDERAL LAW ENFORCEMENT OFFICERS

Wis. Admin. Code § Jus 18.01 Purpose {#sec-jus-18.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.01}

The purpose of this chapter is to establish standards and procedures for the issuance and administration of concealed carry certification cards to qualified former federal law enforcement officers pursuant to s. 175.49 (3), Stats., and the review of certification decisions by the department.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.02 Applicability {#sec-jus-18.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.02}

(1) Except as provided in sub. (2), this chapter applies to the issuance and administration of all concealed carry certification cards issued by the department to former federal law enforcement officers pursuant to s. 175.49 (3), Stats.

(2) This chapter does not apply to any of the following:

(a) Issuance or administration of a license to carry concealed weapons pursuant to s. 175.60, Stats.

(b) Certification of former state or local law enforcement officers to carry concealed weapons pursuant to s. 175.49 (2), Stats.

(d) The carrying of concealed weapons by law enforcement officers acting in their official capacity.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.03 Definitions {#sec-jus-18.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.03}

In this chapter:

(1) “Applicant” means an individual who does not currently hold a concealed carry certification card valid in Wisconsin and is applying for a concealed carry certification card pursuant to s. 175.49 (3), Stats., but is not applying for renewal pursuant s. 175.49 (5), Stats., or for replacement.

(2) “Approval number” means the unique number the department assigns to an applicant when a completed background check on the applicant indicates that the applicant is not prohibited under federal law from possessing a firearm.

(3) “Background check” means the review of an applicant’s record conducted by the department pursuant to s. 175.49 (3) (b) 4., Stats., for the purpose of determining whether the applicant is prohibited under federal law from possessing a firearm.

(4) “Certification card number” means the unique identification number the department assigns to a certification card issued under s. 175.49 (3), Stats.

(5) “Confirmation number” means the unique number the department issues to identify every accepted application for a concealed carry certification card pursuant to s. 175.49 (3), Stats.

(6) “Department” means the Wisconsin department of justice.

(7) “FBI” means the federal bureau of investigation.

(8) “Non-approval number” means the unique number the department assigns to an applicant when a completed background check on the applicant indicates that the applicant is prohibited under federal law from possessing a firearm.

(10) “Weapon” has the meaning given in s. 175.60 (1) (j), Stats.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.04 Application procedures for concealed carry certification cards {#sec-jus-18.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.04}

(1) When the department receives an application for a concealed carry certification card for a former federal law enforcement officer pursuant to s. 175.49 (3), Stats., the department shall do the following in the sequence listed:

(a)

Review the application for completeness. An application is complete when the department has received the following:

a. A signed and fully completed application form, DJ-LE-286.

Note: Form DJ-LE-286 is available on the department’s Internet site: www.doj.state.wi.us.

b. Acceptable proof of firearms qualification, as provided in s. Jus 18.05.

c. The application fee required under s. Jus 18.10.

d. A current photograph meeting the content and format requirements set forth in the instructions of the application form, DJ-LE-286.

e. A written statement from the federal law enforcement agency from which the applicant separated from service affirming that the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats. The department shall prepare and make available on its Internet site a statement form that may be used for this purpose.

If an application is complete, the department shall proceed under par. (b). If an application is incomplete, the department shall reject it and shall send written notice of the rejection to the applicant at the residence address provided by the applicant in the application form. The notice of rejection shall explain why the application was found to be incomplete and what must be submitted to complete the application.

(c) Review the written affirmation from the federal law enforcement agency from which the applicant separated from service to determine whether the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats. If the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats., the department shall proceed under par. (d). If the applicant does not meet the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats., the department shall deny the application and proceed under sub. (2).

(d) Review the proof of firearms qualification submitted by the applicant for compliance with the requirements of s. 175.49 (3) (b) 5., Stats., and s. Jus 18.05. If the proof of firearms qualification meets those requirements, the department shall proceed under par. (e). If the proof of firearms qualification does not meet those requirements, the department shall deny the application and proceed under sub. (2).

(e) Enter the application data into the department’s record keeping system and assign the applicant a confirmation number.

(f) Conduct a background check of the applicant pursuant to s. 175.49 (3) (b) 4., Stats., for the purpose of determining whether the applicant is prohibited under federal law from possessing a firearm. If the applicant is not prohibited by federal law from possessing a firearm, the department shall issue a certification card to the applicant, assign a certification card number, and promptly send the certification card to the applicant by 1st class mail. If the applicant is prohibited by federal law from possessing a firearm, the department shall deny the application and proceed under sub. (2).

(2) If an application is denied under sub. (1), the department shall inform the applicant in writing of the denial, stating the reasons and factual basis for the denial decision. The written notice of denial shall also advise the applicant of the right to seek administrative review of the denial decision under s. Jus 18.08.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.05 Proof of firearms qualification {#sec-jus-18.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.05}

Acceptable proof that an applicant has satisfied the firearms qualification requirement of s. 175.49 (3) (b) 5., Stats., shall consist of a certificate that is signed by a law enforcement firearms instructor who is certified by the law enforcement standards board. The certificate shall be in a form approved and supplied by the department and shall contain all of the following:

(1) The applicant’s name.

(2) The full name, address, and telephone number of the certified law enforcement firearms instructor.

(3) An affirmation by the certified law enforcement firearms instructor that he or she has found the applicant to meet the qualification standards established by the state of Wisconsin or by an identified law enforcement agency in Wisconsin for an active law enforcement officer to carry a firearm of the type specified in the application form submitted by the applicant under s. Jus 18.04.

(4) The date on which the finding under sub. (3) was made.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.06 Revocation of a concealed carry certification card {#sec-jus-18.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.06}

(1) If the department at any time obtains information establishing that an individual who holds a concealed carry certification card under this chapter is prohibited by federal law from possessing a firearm, the department shall revoke the certification card and shall send the individual written notice of revocation. The notice shall include a statement of the reasons and factual basis for the revocation and shall be accompanied by a copy of any pertinent records supporting the revocation. The notice shall also advise the individual of the right to seek administrative review of the revocation pursuant to s. Jus 18.08.

(2) Any notice of revocation issued by the department under sub. (1) shall instruct the individual whose certification card has been revoked to do one of the following within 7 days:

(a) Deliver the revoked certification card to the department either personally or by certified mail.

(b) Mail to the department a dated and signed statement indicating that the individual no longer has possession of the revoked certification card and explaining the reasons why he or she no longer has possession.

(3) Any revocation of a certification card under this section shall take effect on the date on which the notice of revocation is issued by the department.

(4) If an individual whose concealed carry certification card has been properly revoked by the department pursuant to this section wishes to again obtain a concealed carry certification card pursuant to s. 175.49 (3), Stats., the individual shall apply for a new certification card pursuant to s. Jus 18.04 and satisfy all requirements of that section, including the payment of all applicable fees.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.07 Changes, updates, replacements, or renewals of certification cards {#sec-jus-18.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.07}

(1) Change of address. Any individual who holds a concealed carry certification card under this chapter shall provide the department with written notification of any change in his or her address on a form provided by the department within 30 days of the address change. Upon receiving such notice, the department shall update its records with the new information. At the request of the individual whose address has changed, the department shall issue the individual a new certification card containing the new address.

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(2) Name change. No later than 30 days after legally changing his or her name, an individual who holds a concealed carry certification card under this chapter shall provide the department with written notification of the name change on a form provided by the department and shall apply for a new certification card under the new name. The new application shall satisfy the requirements of s. Jus 18.04 and shall be processed by the department as a new application under that section. In the course of processing the new application, if the department determines that the individual is prohibited under federal law from possessing a firearm, the department shall revoke the individual’s previous certification card under s. Jus 18.06 (1). If an individual receives a new certification card from the department under this section, the individual shall immediately deliver his or her previous certification card to the department either personally or by certified mail.

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(3) Lost or destroyed certification card. Upon the request of the person to whom a valid certification card has been issued, the department may replace a certification card that has been lost, destroyed, or has become unreadable or unusable.

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(4) Certification card renewal. Unless revoked, a certification card issued to a former federal law enforcement officer is valid for 12 months from the date on which the applicant was found to meet the applicable firearms qualification standards under s. Jus 18.05. Pursuant to s. 175.49 (5), Stats., a former federal law enforcement officer may request the department to renew a certification card, provided that the request is received by the department before the certification card expires. A renewal request shall be accompanied by acceptable proof of firearms qualification, as provided in s. Jus 18.05. If the renewal request is timely, the department shall conduct a background check pursuant to s. 175.49 (3) (b) 4., Stats., for the purpose of determining whether the applicant is prohibited under federal law from possessing a firearm and shall also review the proof of firearms qualification submitted by the applicant for compliance with the requirements of s. 175.49 (3) (b) 5., Stats., and s. Jus 18.05. If the renewal request is timely and the department verifies that the requestor meets the requirements of s. 175.49 (3) (b) 4. to 5., Stats., and s. Jus 18.05, the department shall renew the certification card for a period of twelve months from the most recent date on which the requestor has been found to meet the applicable firearms qualification standards under s. Jus 18.05. If the renewal request is not timely or the department is unable to verify that the requestor meets the requirement of s. 175.49 (3) (b) 4. or 5., Stats., or s. Jus 18.05, the department shall proceed using the notification procedure set forth in s. Jus 18.04 (2).

Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(5) Fees.

(a) For any certification card issued under this section, the department shall charge the renewal or replacement fee provided in s. Jus 18.10 (3).

(b) For any background check conducted under this section, the department shall charge the background check fee provided in s. Jus 18.10 (2).

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.08 Administrative review after denial or revocation of a concealed carry certification card {#sec-jus-18.08 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.08}

(1)

(a) After receiving written notice of denial of an application for a concealed carry certification card under s. Jus 18.04, written notice of a revocation of a certification card under s. Jus 18.06, or written notice of nonrenewal of a certification card under s. Jus 18.07 (4) an individual may submit to the department a written petition for administrative review of the denial, revocation, or nonrenewal. Such a petition for administrative review is timely only if received by the department within 30 days after the date on which the written notice of denial or revocation was mailed to the individual by the department.

Note: The mailing address for petitions is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

(b)

A petition for administrative review under par. (a) shall specifically identify any alleged errors in the decision to be reviewed and shall be accompanied by a copy of the decision to be reviewed and by a properly authenticated copy of each supporting document that the petitioner wishes the department to consider when conducting the review.
If a petition for review challenges a finding by the department that the petitioner is prohibited by federal law from possessing a firearm, the supporting documentation submitted by the petitioner shall include a set of rolled-ink fingerprints of the petitioner prepared by a law enforcement agency on a state or FBI fingerprint card and any other satisfactory proof of the petitioner’s identity.

(c) If the department receives a timely petition for administrative review, a review proceeding shall be conducted by the attorney general or the attorney general’s designee. The review shall be based on consideration of all items and records in the department’s possession related to the decision under review, including the written notice of denial or revocation under review; the petition for administrative review; and any supporting documentation submitted by the petitioner.

(d)

Upon completing the review under par. (c), the attorney general or the attorney general’s designee shall issue a written decision on behalf of the department either affirming or reversing the denial or revocation under review. The written decision shall include the reasons and factual basis for the department’s decision and shall advise the petitioner of the right to seek judicial review under ch. 227, Stats. The written decision shall be sent to the applicant or licensee by a method of shipment that provides confirmation of delivery, including the date of delivery.
If the written decision issued under subd. 1. affirms the denial or revocation of a certification card, the written decision shall include notification to the petitioner that the previously imposed denial or revocation, including any non-approval number, remains in effect.
If the written decision issued under subd. 1. reverses the denial of an application for a certification card, the department shall withdraw any previously issued non-approval number and shall issue a certification card to the petitioner, assign a certification card number, and promptly send the certification card to the petitioner by 1st class mail. If the department has previously received a set of fingerprints from the petitioner, the department shall return those fingerprints to the petitioner.
If the written decision issued under subd. 1. reverses the revocation of a certification card, the department shall reinstate the revoked certification and the written decision shall include notification to the petitioner of such reinstatement. If the petitioner has previously delivered the revoked certification card to the department pursuant to s. Jus 18.06 (2) (a), the department shall promptly return the reinstated certification card to the petitioner by 1st class mail. If the department has previously received a set of fingerprints from the petitioner, the department shall return those fingerprints to the petitioner.

(e) If the written decision under par. (d) 1. affirms the denial or revocation of a certification card and the petitioner does not file a timely petition for judicial review under s. 227.53, Stats., the department shall return to the petitioner any set of fingerprints previously submitted to the department by the petitioner.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.09 Documentation {#sec-jus-18.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.09}

(1) The department shall create and keep the following items related to the issuance and administration of concealed carry certification cards pursuant to s. 175.49 (3) and (4), Stats., and the review of certification decisions by the department:

(a) All of the information submitted to the department by applicants pursuant to s. Jus 18.04 and notes related to that information.

(b) A log of each rejected application including the reasons for rejection and a count of the number of rejected applications.

(d) The approval or non-approval number for each applicant on whom the department has conducted a background check.

(e) The certification card number for each certification card issued by the department.

(f) A log of each record search of the department’s computerized records related to concealed carry certifications, including the date or dates of the search and any confirmation number, certification card number, or approval or non-approval number associated with the search.

(g) Documentation concerning the cost to the department of issuing certification cards under s. 175.49, Stats., and this chapter.

(h) All records that the department is required to keep by applicable state or federal laws.

(2) The department may create and keep any other documentation reasonably necessary for the department to perform its responsibilities under s. 175.49, Stats., and this chapter.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Jus 18.10 Fees {#sec-jus-18.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 18.10}

(1) Application fee.

(a) The certification card application fee charged by the department pursuant to s. Jus 18.04 (1) (a) 1. c. shall be $12.

(b) The department shall annually review the cost of issuing certification cards under s. 175.49, Stats., and this chapter. If the cost of issuing a certification card is less than the current application fee, the department shall reduce the application fee to equal the cost of issuing a certification card.

(2) Background check fee. The fee for any background check conducted by the department pursuant to this chapter shall be $13.

(3) Renewal or replacement fee. The fee charged by the department for renewing a certification card or for replacing a lost or destroyed certification card shall be $12.

History

CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Chapter Jus 19 FREQUENT SOBRIETY TESTING PILOT PROGRAM

Wis. Admin. Code § Jus 19.01 Purpose {#sec-jus-19.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.01}

The purpose of this chapter is to establish, as required by s. 165.957 (3), Stats., standards, timelines, and procedures for a frequent sobriety testing pilot program in the state of Wisconsin, and to effectuate the purpose of s. 165.957, Stats.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.02 Applicability {#sec-jus-19.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.02}

This chapter applies to the department of justice, the department of corrections, participating counties, circuit courts, and district attorneys, and participants in the frequent sobriety testing pilot program.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.03 Definitions {#sec-jus-19.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.03}

In this chapter:

(1) “Agency” means a sheriff’s office or an entity designated by a sheriff of a county selected by the department to participate in the frequent sobriety testing pilot program.

(2) “Alcohol concentration” means the alcohol content of blood, breath, or urine by weight.

(3) “Breath test” means the collection of a breath sample to measure breath alcohol concentration.

(4) “Continuous monitoring” means breath or transdermal testing for the presence of alcohol that is conducted at least once every hour.

(5) “Controlled substance” has the meaning given in s. 961.01 (4), Stats.

(6) “Court” means a circuit court in the state of Wisconsin.

(7) “Data collection system” means a computer application providing for the entry of specific, structured variables into a database to track key data elements for analysis and reporting.

(8) “Deferred prosecution agreement” means a written agreement between a criminal defendant and a district attorney in which the district attorney agrees to suspend the prosecution for a specified period provided that the defendant complies with conditions included in the agreement.

(9) “Department” means the department of justice.

(10) “District attorney” means the district attorney of a county participating in the program who has jurisdiction over the prosecution of a participant.

(11) “Drug patch” means any type of device affixed to a person’s skin to test for the presence of controlled substances in the person’s body.

(12) “Non-OWI offense” means an offense that is not an OWI offense.

(13m) “OWI conviction” means a conviction under s. 940.09 (1) or 940.25, Stats., or a suspension, revocation, or other conviction as enumerated in s. 343.307 (1), Stats.

(14m) “OWI offense” means a violation of s. 940.09 (1) or 940.25, Stats., or the statutes, laws, and local ordinances enumerated in s. 343.307 (1), Stats.

(15) “Participant” means an adult person who has been ordered by a court or the department of corrections to refrain from using alcohol or controlled substances, or both, as a condition of release and has been ordered by a court or the department of corrections to participate in the program. “Participant” also means an adult person who has agreed to participate in the program as a condition of a deferred prosecution agreement or who volunteers to participate in the program.

(16) “Participation agreement” means an agreement between a participant and an agency in which the participant agrees to comply with the program requirements.

(17) “Program” means the frequent sobriety testing pilot program, which requires a participant to abstain from the use of alcohol or a controlled substance, or both, for a specified period of time, during which the participant shall submit to twice-a-day or continuous testing of the participant’s blood, breath, urine, or other bodily substance, in order to determine if alcohol or a controlled substance, or both, is present in the participant’s body.

(18) “Sanction” means a consequence imposed for a violation of the participation agreement and may include arrest.

(19) “Testing” has the meaning given in s. 165.957 (1) (b), Stats.

(20) “Testing site” means the facility designated by the agency and approved by the department where the program shall be administered including testing, installation of remote transdermal alcohol monitoring equipment, collection of fees from participants, and entry of participant information into the data collection system. An agency may designate more than one testing site.

(21) “Transdermal alcohol monitoring” means the use of a device to detect alcohol in a person’s body by measuring ethanol vapors released through the skin.

(22) “Twice-a-day testing” means testing a participant for the use of alcohol at least twice daily, with testing times approximately 12 hours apart.

(23) “Urinalysis testing” means collecting and analyzing urine specimens to detect the presence of alcohol or controlled substances, or both.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.; correction in (13), (14) made under s. 13.92 (4) (b) 7., Stats., and renum. (13) and (14) to (14m) and (13m) under s. 13.92 (4) (b) 1., Stats., Register April 2019 No. 760.

Wis. Admin. Code § Jus 19.04 Program participation and enrollment {#sec-jus-19.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.04}

(1) Before commencing participation in the program, a participant shall sign a written participation agreement with the agency using a form approved by the department. The agreement shall include the initial duration of the person’s participation in the program as ordered by the court or department of corrections, or provided in a deferred prosecution agreement, and shall include all of the following:

(a) The type and frequency of testing.

(b) The location of the testing site.

(d) Payment procedures, including time within which each type of fee shall be paid.

(e) The participant’s obligations and responsibilities.

(f) Potential sanctions for the participant’s noncompliance, up to and including termination, as determined by the agency.

(2) A participant shall sign the agreement in the presence of a person designated by the agency, acknowledging and agreeing to the terms and conditions imposed by the court or department of corrections or provided in a deferred prosecution agreement. The agency shall deliver a copy of the signed participation agreement to the participant.

(3) In conjunction with the participation agreement, the participant shall sign a consent form allowing the release of personal and testing information to the agency and department for enforcement and reporting purposes. The personal information may include name, date of birth, state identification number, address, telephone, and other information deemed necessary or appropriate by the agency and department and outlined in the consent form. The format of the consent form shall be approved by the department. The participant shall receive a copy of the signed consent form.

(4) A participant shall be enrolled in the program for a minimum initial enrollment period of 90 days and a maximum initial enrollment period of 365 days except when ordered as a condition of pretrial release.

(5) Program participation may be extended beyond the initial enrollment period at the discretion of the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. Before an individual’s program participation may be extended, the individual shall sign an amended written participation agreement using a form approved by the department. An individual’s participation in the program may not exceed 18 months.

(6) A participant may not be enrolled in the program while in physical custody.

(7) A person on work release may be ordered to participate in the program or may volunteer to participate in the program.

(8) Participation in the program may not replace a participant’s statutory obligations or any other condition imposed by the court or the department of corrections or as part of a deferred prosecution agreement.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.05 Agency agreement with the department {#sec-jus-19.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.05}

(1) Each agency participating in the program shall sign a written agreement with the department outlining the respective responsibilities of the agency and the department.

(2) By signing the agreement, the agency agrees to abide by this chapter and any other guidelines and procedures established by the department for the administration of the program.

(3) The agreement shall require the agency to provide an accounting to the department of all fees, costs, and other payments collected from participants, in a manner directed by the department.

(4) The agreement shall list the data collection and reporting requirements outlined in s. Jus 19.13 and s. 165.957 (6), Stats.

(5) The agreement shall direct the agency to remit to the department a portion of all program fee amounts collected from its participants. The department shall use these payments to recoup its expenditures for administering the program and installing, maintaining, and administering the data collection system. The department shall return to the agency any fees paid under the agreement not used to support the program.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.06 Conditions of bond or pretrial release {#sec-jus-19.06 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.06}

The court may require a defendant to participate in the program as a condition of bond or pretrial release if any of the following apply:

(1) The defendant has 2 or more OWI convictions and is currently charged with a non-OWI offense.

(2) The defendant is charged with a 3rd or subsequent OWI offense.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.07 Conditions of deferred prosecution {#sec-jus-19.07 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.07}

A district attorney may require a defendant to participate in the program as a condition of a deferred prosecution agreement if the defendant has 2 or more OWI convictions and the deferred prosecution agreement is based on a non-OWI offense.

Note: Under s. 967.055 (3), Stats., a prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with an OWI offense. Neither s. 165.957, Stats., nor this rule allow the use of deferred prosecution agreements in OWI cases.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.08 Conditions post-conviction {#sec-jus-19.08 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.08}

The court or department of corrections may order a defendant convicted of an offense to participate in the program as a condition of probation, parole, or extended supervision if any of the following applies:

(1) The defendant is being or has been sentenced for a 2nd or subsequent OWI offense.

(2) The defendant has 2 or more OWI convictions and is being or has been sentenced for a non-OWI offense.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.09 Volunteers {#sec-jus-19.09 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.09}

A defendant with 2 or more OWI convictions may voluntarily participate in the program. A voluntary participant shall agree to abstain from alcohol and controlled substances while released on bond, on release under s. 969.01 (1), Stats., on probation, while participating in a deferred prosecution agreement, or on parole or extended supervision. Volunteers shall adhere to all program requirements.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.10 Testing {#sec-jus-19.10 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.10}

(1) Testing may include any combination of breath testing, drug patch testing, blood testing, urinalysis, or transdermal alcohol monitoring, provided that the method selected supports either continuous monitoring or twice-a-day testing. Other testing methods or schedules may be used if approved by the agency and the department. The testing methods at each testing site shall be determined by the agency in collaboration with the department.

(2) An ignition interlock device, as defined in s. 340.01 (23v), Stats., is not an acceptable testing method for the program.

(3) The agency shall provide the testing equipment and may enter into a contract with a private vendor to obtain the equipment needed to carry out the program.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.11 Compliance and sanctions {#sec-jus-19.11 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.11}

(1) Enrollment. The court, department of corrections, or district attorney’s office shall inform the agency when a participant is ordered to participate in the program as a pretrial or postconviction condition, or agrees to participate in the program under a deferred prosecution agreement. A new participant shall contact the agency, within a time specified by the court, department of corrections, or district attorney, to enroll in the program. Enrollment commences when the participant signs the participation agreement and consent form as provided in s. Jus 19.04 (1) to (3). If the participant fails to enroll, the agency shall notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court. Volunteers may enroll by contacting a testing site.

(2) Failing a test.

(a) A test that reveals the presence of alcohol or a controlled substance is a violation of the participation agreement and shall result in a sanction.

(b) If a test reveals the presence of alcohol or a controlled substance, the agency may conduct a confirmation test.

(c) If a test reveals the presence of alcohol or a controlled substance, the agency may take the participant into custody for a violation of the participation agreement.

(d) According to whether program participation is a pretrial, postconviction, or deferred prosecution condition, the agency shall immediately notify the court, the department of corrections, or the district attorney that the participant has violated the participation agreement by failing a test.

(3) Missing or being late for a test.

(a) Missing a test at a designated time at the designated testing site without the agency’s approval is a violation of the participation agreement and may result in a sanction. The agency may consider a participant who is late for on-site testing in violation of the participation agreement and may impose a sanction.

(b) If a participant fails to appear for a scheduled test, the agency shall immediately notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court.

(c) Unless prior arrangements have been made between the participant and the agency, a test at a nondesignated testing site is a violation of the participation agreement.

(d) At the discretion of the agency, a participant who must travel outside the area of the designated testing site may be tested at an alternative location with advance written approval from the agency.

(e) The agency may excuse a participant from a scheduled test based upon exigent circumstances, including inclement weather, emergency, or documented health problems.

(f) The agency shall record in the data collection system a participant’s failure to appear for a test or a participant’s excused absence from a test.

(4) Tampering with a test.

(a) The agency shall impose a sanction on a participant who tampers with a test.

(b) A participant who damages any equipment in the course of tampering with a test shall reimburse the agency for the cost of the damaged equipment.

(5) Standing order. A court may issue a standing order establishing procedures for taking into custody participants who have violated a participation agreement in any way, including using alcohol or any controlled substance, failing a test, missing a test, being late for on-site testing, or tampering with a test.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19; correction in (1) made under s. 35.17, Stats., Register April 2019 No. 760.

Wis. Admin. Code § Jus 19.12 Fees {#sec-jus-19.12 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.12}

(1)

(a) Except as provided in par. (b), the agency shall collect program fees from participants, including administrative fees, testing or daily monitoring fees according to test type, and installation and deactivation fees for remote transdermal alcohol monitoring devices.

(b) According to whether program participation is a pretrial, postconviction, or deferred prosecution condition, the court, the department of corrections, or the district attorney may recommend a reduction or waiver of fees for a participant. However, the agency shall make the final determination on a fee reduction or waiver. The agency may decline to enroll a person in the program if any fees were reduced or waived without the agency’s consent. An agency that agrees to reduce or waive a fee shall, in making payments to the department under s. Jus 19.05 (5), remit to the department the amount it would have remitted without the reduction or waiver.

(2) The department shall determine all fee amounts in consultation with the participating agencies. The fee amounts shall reflect the program costs to the agency and the department. The department shall provide a standard fee schedule to each agency. The fee schedule shall be reviewed and updated annually as necessary to reflect actual program costs

(3) The department may, upon request of an agency, approve a fee modification on a showing by the agency that a higher fee is necessary to cover program costs.

(4)

(a) The agency may use the fees collected for any of the following:

To pay a vendor for any test administered.
Other testing costs.
Administrative program costs.
Costs associated with program support services.
Equipment maintenance and replacement costs.
Program compliance costs.
To make the payments to the department required under s. Jus 19.05 (5).

(b) The agency shall report to the department how the fees are expended annually or as requested by the department.

(5)

(a) Except as provided in par. (b), the agency may not administer a test before the testing fee is paid. The participant may pay the testing fee only with cash or a money order. The agency shall provide a receipt to the participant. The agency may accept advance payment from a participant.

(b) In its discretion, an agency may administer a test without prior payment based upon exigent circumstances.

(6) The agency shall refund any positive balance to a participant who has successfully completed the program. The agency may not refund any positive balance to a participant who is terminated from the program.

(7) The agency shall report a participant’s failure to pay any required program fees to the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition.

(8) A participant’s failure to pay fees may result in termination from the program at the recommendation of the agency, the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition.

(9) The agency may terminate a voluntary participant for failure to pay required program fees.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.13 Reporting requirements and data collection system {#sec-jus-19.13 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.13}

(1) An agency shall use the data collection system designated by the department to track participant information, to record testing data, and to monitor fees collected.

(2) The agency shall enter all of the following information about a participant into the data collection system:

(a) Enrollment information.

(b) Demographic information.

(d) Compliance with enrollment procedures.

(e) Execution of participation agreement and consent form.

(f) Testing results.

(g) Discharge information.

(h) Fees and other money due and collected.

(i) Additional information requested by the department.

(3) Data collection shall occur on an ongoing basis as participants are enrolled in or discharged from the program and as tests are completed. All data shall be entered or uploaded in the data collection system as soon as possible, within 48 hours whenever possible, after being gathered or received by the agency.

(4) All information in the data collection system shall be kept current and confidential as required by law. The accuracy and completeness of the data is the responsibility of the agency.

(5) The department shall, in order help monitor data quality and program progress, communicate with agencies on at least a quarterly basis about key statistics and performance metrics. Agencies shall address and respond to any data quality issues identified through this process.

(6) The department shall use the data provided by the agencies to evaluate program outcomes and effectiveness as required by s. 165.957 (7), Stats.

(7) The department may require participating agencies, courts, the department of corrections, and district attorneys to provide specific information on program functioning and operations as part of the evaluation process required by s. 165.957 (7) (b) and (c), Stats.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.14 Reimbursement for lost or damaged equipment {#sec-jus-19.14 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.14}

(1) A participant who loses or intentionally damages any testing equipment shall reimburse the agency for the lost or damaged equipment.

(2) Any amount owed by the participant as reimbursement for lost or damaged equipment shall be assessed to the participant and paid to the participating county’s frequent sobriety testing pilot program fund.

(3) The agency shall report any failure by a participant to pay an assessed reimbursement to the court, or the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A participant who fails to pay the reimbursement may be taken into custody or a court may issue an arrest warrant for the participant.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.15 Discharge from the program {#sec-jus-19.15 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.15}

(1) A participant shall be discharged from the program when any of the following occurs:

(a) The participant has successfully completed the program.

(b) The participant is terminated from the program by the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition, due to the participant’s violation of program requirements.

(c) The participant is administratively discharged from the program because the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition, has determined that the participant is no longer required to participate in the program or the participant is unable to continue program participation.

(2) A participant completes the program when he or she has complied with the program requirements for the duration specified in the participation agreement and:

(a) If in the program as a condition of bond or other pretrial release, there has been a final disposition of the criminal charge, including acquittal or conviction and imposition of sentence.

(b) If in the program on a deferred prosecution agreement, the participant has met the requirements of the deferred prosecution agreement and there has been a final disposition of the criminal charge.

(c) If in the program as a condition of probation, parole, or extended supervision, the participant has served the time and satisfied the conditions set by the court in the order of probation, parole, or extended supervision.

(3) When a participant is discharged from the program, the court, department of corrections, or district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition, shall inform the agency.

(4) The agency shall enter the participant’s discharge from the program into the data collection system upon notification that the participant has completed the program, has been terminated from the program, or has been administratively discharged.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § Jus 19.16 Repeat participant {#sec-jus-19.16 omnilex-key=us-wi-regs-official--agency-jus--Jus 19.16}

The court, department of corrections, or district attorney, with concurrence of the agency, may authorize a participant to participate in the program no more than 2 additional times after the participant has been discharged from the program.

History

EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Chapter Jus 20 STORAGE AND PROCESSING OF SEXUAL ASSAULT KITS

Wis. Admin. Code § Jus 20.01 Authority {#sec-jus-20.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 20.01}

The Wisconsin Department of Justice has promulgated these rules pursuant to the authority granted by s. 165.775 (6), Stats.

History

EmR2207: emerg. cr., eff. 6-6-22; CR 22-060: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Jus 20.02 Definitions {#sec-jus-20.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 20.02}

In this chapter:

(1) “Health care professional” has the meaning given in s. 165.775 (1) (b), Stats.

(2) “Reporting victim” means a person who reports to a law enforcement agency that he or she was sexually assaulted.

(3) “Sexual assault forensic examination” has the meaning given in s. 165.775 (1) (d), Stats.

(4) “Sexual assault kit” has the meaning given in s. 165.775 (1) (e), Stats.

History

EmR2207: emerg. cr., eff. 6-6-22; CR 22-060: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Jus 20.03 Health care professional procedures {#sec-jus-20.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 20.03}

A health care professional shall:

(1) Except as provided in sub. (2), after conducting a sexual assault forensic examination where a sexual assault kit is collected, notify the law enforcement agency in the jurisdiction where the examination occurred within 24 hours after collection of the kit.

(2) When a victim chooses not to report a sexual assault to a law enforcement agency, send a collected sexual assault kit to the state crime laboratories for storage within 72 hours after collection of the kit.

History

EmR2207: emerg. cr., eff. 6-6-22; CR 22-060: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Jus 20.04 Law enforcement agency procedures {#sec-jus-20.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 20.04}

A law enforcement agency shall:

(1) Upon being notified by a health care professional of the collection of a sexual assault kit, take possession of the kit within 72 hours.

(2) Upon taking possession of a sexual assault kit under sub. (1), send the kit to the state crime laboratories for processing within 14 days.

(3) When, after taking possession of a reporting victim’s sexual assault kit from a health care professional, but before submitting the kit to the state crime laboratories for processing, the reporting victim notifies the law enforcement agency that the victim does not want to proceed with the analysis of the kit, submit the kit within 14 days to the state crime laboratories for storage.

(4) Notify the state crime laboratories whenever a victim, after having first chosen not to report a sexual assault as provided in s. Jus 20.03 (2) or notified the law enforcement agency that the victim does not want to proceed with analysis of the kit as provided in sub. (3), notifies the law enforcement agency that the victim does want to proceed with analysis of the kit.

History

EmR2207: emerg. cr., eff. 6-6-22; CR 22-060: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Jus 20.05 State crime laboratories procedures {#sec-jus-20.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 20.05}

The state crime laboratories shall:

(1) Process sexual assault kits from a reporting victim that are submitted by law enforcement agencies.

(2) Return processed sexual assault kits to the submitting law enforcement agency after processing.

(3) Securely store submitted sexual assault kits from victims who have chosen not to report the sexual assault to a law enforcement agency for 10 years from the date that the sexual assault forensic examination occurred.

(4) If, after 10 years from the date that the sexual assault forensic examination occurred, a law enforcement agency does not notify the state crime laboratories of a report of a sexual assault as provided in s. Jus 20.04 (4), destroy the sexual assault kit.

History

EmR2207: emerg. cr., eff. 6-6-22; CR 22-060: cr. Register May 2023 No. 809, eff. 6-1-23.

Chapter Jus 21 TRACKING OF SEXUAL ASSAULT KITS IN SEXUAL ASSAULT CASES

Wis. Admin. Code § Jus 21.01 Authority and purpose {#sec-jus-21.01 omnilex-key=us-wi-regs-official--agency-jus--Jus 21.01}

The Wisconsin Department of Justice has promulgated these rules pursuant to the authority granted by s. 165.776 (4), Stats., to further the purpose of providing victims of sexual assault access to information about the status of any sexual assault kit the victim has provided, as required by s. 165.776 (2), Stats.

History

CR 23-044: cr. Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § Jus 21.02 Definitions {#sec-jus-21.02 omnilex-key=us-wi-regs-official--agency-jus--Jus 21.02}

In this chapter:

(1) “Health care professional” has the meaning given in s. 165.775 (1) (b), Stats.

(2) “Reporting victim” means a person who reports to a law enforcement agency that he or she was sexually assaulted.

(3) “Sexual assault kit” has the meaning given in s. 165.775 (1) (e), Stats.

History

CR 23-044: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Jus 21.03 Health care professional procedures {#sec-jus-21.03 omnilex-key=us-wi-regs-official--agency-jus--Jus 21.03}

A health care professional shall, upon collection of a victim’s sexual assault kit, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

History

CR 23-044: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Jus 21.04 Law enforcement agency procedures {#sec-jus-21.04 omnilex-key=us-wi-regs-official--agency-jus--Jus 21.04}

A law enforcement agency shall:

(1) Upon taking possession of a sexual assault kit for a reporting victim from a health care professional in Wisconsin, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(2) Upon taking possession of a sexual assault kit for a reporting victim from a health care professional who collected it outside of Wisconsin, notify the state crime laboratories for assistance.

(3) When, after taking possession of a sexual assault kit from a health care professional in Wisconsin, but before submitting it to the state crime laboratories for processing, the reporting victim notifies the law enforcement agency that the victim does not want to proceed with analysis of the kit, notify the state crime laboratories of these facts to assist the state crime laboratories in updating the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(5) Upon receiving a victim’s sexual assault kit from the state crime laboratories after it has been processed, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

History

CR 23-044: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Jus 21.05 State crime laboratories procedures {#sec-jus-21.05 omnilex-key=us-wi-regs-official--agency-jus--Jus 21.05}

The state crime laboratories shall enter the information for a sexual assault kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System in all of the following circumstances:

(1) Upon taking possession of a sexual assault kit from a victim submitted by a Wisconsin law enforcement agency.

(2) Upon taking possession of a sexual assault kit collected from a victim and submitted by a health care professional in Wisconsin.

(3) After processing is complete for a sexual assault kit from a reporting victim and the kit is ready to be returned to the submitting law enforcement agency as required under s. Jus 20.05 (2).

(4) When a sexual assault kit from victim is destroyed by the state crime laboratories after the 10-year storage period provided in s. 165.775 (4) (a), Stats.

History

CR 23-044: cr. Register May 2024 No. 821, eff. 6-1-24.