LRB-4619/1
PJH:kjf:jf
2009 - 2010 LEGISLATURE
April 8, 2010 - Introduced by Senator Taylor, cosponsored by Representatives
Hraychuck, Turner, Berceau, Kaufert, Spanbauer, Danou and Bies. Referred
to Committee on Judiciary, Corrections, Insurance, Campaign Finance
Reform, and Housing.
SB676,1,7
1An Act to amend 29.921 (5), 40.02 (48) (b) 4., 110.07 (1) (a) (intro.), 110.07 (6),
2165.85 (1), 165.85 (2) (d), 165.85 (3) (d), 165.85 (4m), 165.85 (5) (title), 165.85
3(5) (b), 165.86 (1) (c), 165.92 (2) (a), 175.41 (3) (c), 895.46 (1) (b) 1. and 939.22
4(37);
to repeal and recreate 165.85 (4) and 165.85 (5) (a); and
to create 165.85
5(2) (bx), 165.85 (2) (cm), 165.85 (2) (e) and 165.85 (2) (f) of the statutes;
relating
6to: law enforcement standards and requiring the exercise of rule-making
7authority.
Analysis by the Legislative Reference Bureau
Under current law, the Law Enforcement Standards Board (the board) is
attached to the Department of Justice. There are 15 members on the board who serve
four-year terms and, among other duties, establish minimum educational and
training standards for law enforcement officers, tribal law enforcement officers, jail
officers, juvenile detention officers, and constables.
This bill separates the training standards into three distinct categories: the
standards for law enforcement officers and tribal law enforcement officers; the
standards for jail officers; and the standards for juvenile detention officers. Under
the bill, constables whose town boards require them to undergo training are subject
to the same training standards as law enforcement officers and tribal law
enforcement officers.
The bill makes several changes to the training and education standards,
including setting forth a training and education protocol for law enforcement
students, recruits, and temporary or probationary employees. Under the bill, law
enforcement officer and tribal law enforcement officer students are required to
submit fingerprints and undergo a criminal background check. Any person who has
been convicted of a felony or of a misdemeanor related to domestic violence may not
participate in a student training program for becoming a law enforcement officer or
a tribal law enforcement officer. Under the bill, under most circumstances a recruit
or a temporary or probationary employee must complete his or her training program
within the original period of his or her temporary or probationary employment, not
to exceed 18 months, except that the board may extend that period if the employer
shows good cause for the board to do so.
The bill eliminates specific hour requirements for training and education and
allows the board to determine the specific training curricula, including the required
subjects, number of hours, objectives, and measures of performance for the training
and education protocol for each category of officer. The bill requires the board to
include, in different measure for each category of officer, training in cultural
differences, mental health and physical health conditions that can affect behavior,
and arrest and pursuit procedures. The bill allows the board more flexibility than
exists under current law for determining how law enforcement agencies are
reimbursed for expenses related to training and educating officers.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB676, s. 1
1Section
1. 29.921 (5) of the statutes is amended to read:
SB676,3,102
29.921
(5) Additional arrest powers. In addition to the arrest powers under
3sub. (1), a warden who has completed a program of law enforcement training
4approved by the law enforcement standards board, has been certified as qualified to
5be a law enforcement officer under s. 165.85 (4)
(b) 1. (a) 1. and has complied with
6any applicable requirements under s. 165.85 (4)
(bn) 1. (a) 6. while on duty and in
7uniform or on duty and upon display of proper credentials may assist another law
8enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at
9the request of the agency, may arrest a person pursuant to an arrest warrant
10concerning the commission of a felony or may arrest a person who has committed a
1crime in the presence of the warden. If the warden makes an arrest without the
2presence of another law enforcement agency, the warden shall cause the person
3arrested to be delivered to the chief of police or sheriff in the jurisdiction where the
4arrest is made, along with the documents and reports pertaining to the arrest. The
5warden shall be available as a witness for the state. A warden may not conduct
6investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924
7(1) and 41.41 (12). A warden acting under the authority of this subsection is
8considered an employee of the department and is subject to its direction, benefits and
9legal protection. The authority granted in this section does not apply to county
10conservation wardens or special conservation wardens.
SB676, s. 2
11Section
2. 40.02 (48) (b) 4. of the statutes is amended to read:
SB676,3,1612
40.02
(48) (b) 4. A "member of the state traffic patrol" includes one division
13administrator in the department of transportation who is counted under s. 230.08
14(2) (e) 12. and whose duties include supervising the state traffic patrol, if the division
15administrator is certified by the law enforcement standards board under s. 165.85
16(4)
(b) 1. (a) 1. as being qualified to be a law enforcement officer.
SB676, s. 3
17Section
3. 110.07 (1) (a) (intro.) of the statutes is amended to read:
SB676,3,2418
110.07
(1) (a) (intro.) The secretary shall employ not more than 399 traffic
19officers. The state traffic patrol consists of the traffic officers, the person designated
20to head them whose position shall be in the classified service and, if certified under
21s. 165.85 (4)
(b) 1. (a) 1. as qualified to be a law enforcement officer, the division
22administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include
23supervising the state traffic patrol. The division administrator may not be counted
24under this paragraph. Members of the state traffic patrol shall:
SB676, s. 4
25Section
4. 110.07 (6) of the statutes is amended to read:
SB676,4,4
1110.07
(6) The division administrator who is counted under s. 230.08 (2) (e) 12.
2and whose duties include supervising the state traffic patrol shall be designated
3superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4)
4(b) 1. (a) 1. as qualified to be a law enforcement officer.
SB676, s. 5
5Section
5. 165.85 (1) of the statutes is amended to read:
SB676,4,146
165.85
(1) Findings and policy. The legislature finds that the administration
7of criminal justice is of statewide concern, and that law enforcement work is of vital
8importance to the health, safety, and welfare of the people of this state and is of such
9a nature as to require training, education, and the establishment of standards of a
10proper professional character. The public interest requires that these standards be
11established and that this training and education be made available to persons who
12seek to become law enforcement, tribal law enforcement, jail or juvenile detention
13officers, persons who are serving as these officers in a temporary
, specialized, or
14probationary capacity, and persons already in regular service.
SB676, s. 6
15Section
6. 165.85 (2) (bx) of the statutes is created to read:
SB676,4,2016
165.85
(2) (bx) "Law enforcement instructor" means an instructor who is
17required to deliver board-approved program outcomes, course competencies,
18performance standards, and learning objectives in training programs and training
19schools for law enforcement officers, tribal law enforcement officers, jail officers, and
20juvenile detention officers.
SB676, s. 7
21Section
7. 165.85 (2) (cm) of the statutes is created to read:
SB676,4,2222
165.85
(2) (cm) "Police pursuit" has the meaning given in s. 85.07 (8) (a).
SB676, s. 8
23Section
8. 165.85 (2) (d) of the statutes is amended to read:
SB676,5,3
1165.85
(2) (d) "Political subdivision" means counties, cities, villages, towns,
2town sanitary districts
and, public inland lake protection and rehabilitation
3districts
, and technical college districts.
SB676, s. 9
4Section
9. 165.85 (2) (e) of the statutes is created to read:
SB676,5,85
165.85
(2) (e) "Preservice student" means any person who meets the minimum
6recruitment qualifications set by the board and who enrolls in preparatory training
7prior to employment as a law enforcement officer, tribal law enforcement officer, jail
8officer, or juvenile detention officer.
SB676, s. 10
9Section
10. 165.85 (2) (f) of the statutes is created to read:
SB676,5,1310
165.85
(2) (f) "Recruit" means a law enforcement officer, tribal law enforcement
11officer, jail officer, or juvenile detention officer employed on a probationary or
12temporary basis, in compliance with the minimum recruitment qualifications set by
13the board.
SB676, s. 11
14Section
11. 165.85 (3) (d) of the statutes is amended to read:
SB676,6,815
165.85
(3) (d) Establish minimum curriculum requirements for preparatory
16courses and programs, and recommend minimum curriculum requirements for
17recertification and advanced courses and programs, in schools
approved by the board
18and operated by or for this state or any political subdivision of the state for the
19specific purpose of training law enforcement recruits, law enforcement officers,
20tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits,
21jail officers, juvenile detention officer recruits, or juvenile detention officers in areas
22of knowledge and ability necessary to the attainment of effective performance as an
23officer, and ranging from subjects such as first aid, patrolling, statutory authority,
24techniques of arrest, protocols for official action by off-duty officers, firearms, and
25recording custodial interrogations to subjects designed to provide a better
1understanding of ever-increasing complex problems in law enforcement such as
2human relations, civil rights, constitutional law, and supervision, control, and
3maintenance of a jail or juvenile detention facility. The board shall appoint a
413-member
advisory curriculum
advisory committee consisting of 6 chiefs of police
5and 6 sheriffs to be appointed on a geographic basis
of not more than one chief of
6police and one sheriff from any one of the 8 state administrative districts together
7with the director of training of the Wisconsin state patrol. This committee shall
8advise the board in the establishment of the curriculum requirements.
SB676,6,2311
165.85
(4) Required standards. (a)
Law enforcement and tribal law
12enforcement officers. 1. The board shall by rule establish program outcomes for a
13preparatory program of law enforcement and tribal law enforcement officer training.
14Specifics of the training curriculum, including the total number of hours,
15competencies, student learning and performance objectives, particular subjects, and
16the minimum number of hours for each subject may be established by written policy
17of the board. In establishing the preparatory training program, the board shall give
18due consideration to recommendations made by the curriculum advisory committee.
19The board may amend the rules and policies governing the preparatory training
20program as needed to respond to technological changes affecting law enforcement,
21additional recommendations made by the curriculum advisory committee, or other
22conditions affecting the public interest in maintaining training standards of a proper
23professional character. The training program shall include all of the following:
SB676,7,3
1a. Training to enable the person being trained to deal effectively with domestic
2abuse incidents, including training that addresses the emotional and psychological
3effect that domestic abuse has on victims.
SB676,7,104
b. Training on emergency detention standards and procedures under s. 51.15,
5emergency protective placement standards and procedures under s. 55.135, and
6information on mental health and developmental disabilities agencies and other
7resources that may be available to assist the officer in interpreting the emergency
8detention and emergency protective placement standards, making emergency
9detentions and emergency protective placements, and locating appropriate facilities
10for the emergency detentions and emergency protective placements of persons.
SB676,7,1411
c. Training on mental health and medically significant behavior, including at
12least one hour of instruction on recognizing the symptoms of Alzheimer's disease or
13other related dementias and interacting with and assisting persons who have
14Alzheimer's disease or other related dementias.
SB676,7,1615
d. Training on police pursuit standards, guidelines, and driving techniques
16established under par. (d).
SB676,7,2317
e. Training concerning cultural diversity, including sensitivity toward racial
18and ethnic differences. The training shall be designed to prevent the use of race,
19racial profiling, racial stereotyping, or other race-based discrimination or selection
20as a basis for detaining, searching, or arresting a person or for otherwise treating a
21person differently from persons of other races and shall emphasize the fact that the
22primary purposes of enforcement of traffic regulations are safety and equal and
23uniform enforcement under the law.
SB676,8,1624
2. Except as provided in subd. 7., no person may be employed as a law
25enforcement or tribal law enforcement officer, except on a temporary or probationary
1basis, unless the person satisfactorily completes the program established under
2subd. 1. A recruit who has not satisfactorily completed the program established
3under subd. 1. may perform the duties of a law enforcement or tribal law enforcement
4officer only under the oversight of a certified law enforcement or tribal law
5enforcement officer. Upon successful completion of the program established under
6subd. 1., a recruit may be certified by the board as a law enforcement or tribal law
7enforcement officer. In order to be eligible for certification, a recruit must
8successfully complete the program established under subd. 1. within the original
9period of his or her temporary or probationary employment that, except as provided
10in subd. 5. or as otherwise authorized by law, may not exceed 18 months from his or
11her date of hire. Except as provided in sub. (3m) (a), and in addition to certification
12procedures under this paragraph, the board may certify any person as being a tribal
13law enforcement officer on the basis of the person's completion of the training
14requirements for law enforcement officer certification prior to May 6, 1994. The
15officer must also meet the agreement requirements under sub. (3) (c) prior to
16certification as a tribal law enforcement officer.
SB676,8,24
173. Preservice students taking part in the preparatory program of law
18enforcement or tribal law enforcement officer training established by the board
19under subd. 1. shall submit fingerprints to the department of justice. The
20department of justice shall verify the identity of the person fingerprinted and obtain
21records of his or her criminal arrests and convictions in Wisconsin. The department
22of justice shall submit each set of fingerprints to the federal bureau of investigation
23for the purpose of verifying the person fingerprinted and obtaining records of his or
24her criminal arrests and convictions on file with the federal bureau of investigation.
SB676,9,4
14. No person who has been convicted of any federal felony, any crime of domestic
2violence, or of any offense that, if committed in Wisconsin, could be punished as a
3felony may take part in preparatory training unless he or she has been granted an
4absolute and conditional pardon for the crime.
SB676,9,75
5. Upon a showing of good cause by a recruit or a recruit's employer, the board
6may extend the recruit's original period of temporary or probationary employment
7for a period of time it deems appropriate.
SB676,9,158
6. a. Except as provided in subd. 7., no person may continue as a law
9enforcement or tribal law enforcement officer, except on a temporary or probationary
10basis, unless that person completes annual recertification training. Any officer
11elected by popular vote who is also a certified officer must complete annual
12recertification training to maintain certification. Any officer who is subject to this
13subdivision shall complete at least 24 hours each fiscal year beginning in the fiscal
14year following the fiscal year in which he or she is certified as a law enforcement or
15tribal law enforcement officer by the board.
SB676,9,1916
b. Each officer who is subject to this subdivision shall biennially complete at
17least 4 hours of training from curricula based upon model standards promulgated by
18the board under par. (d). Hours of training completed under this subdivision shall
19count toward the hours of training required under subd. 6. a.
