Wisconsin Administrative Code › Law Enforcement Standards Board › Chapter LES 1 - General › Section LES 1.03 - Definitions

Current through June 24, 2024
As used in these rules:
(1) "Accredited credits" means those credits
			 which have been awarded by a member of the Wisconsin technical college system
			 or by its equivalent in another state or by a private or state college or
			 university with current membership in good standing in a predominant,
			 nationally recognized accrediting organization for private or state colleges or
			 universities.
(1m) "Act" is the
			 Wisconsin law enforcement standards act which is ch. 466, Laws of
			 1969.
(2) "Allowable" means those
			 tuition, living and travel expenses which the board approves as reimbursable on
			 the basis of state regulations and policy regarding such expenses.
(3) "Applicant" means a person, including a
			 currently employed law enforcement, tribal law enforcement, jail or secure
			 detention officer seeking employment as a law enforcement, tribal law
			 enforcement, jail or secure detention officer in the state of
			 Wisconsin.
(4) "Approved
			 laboratory" means a laboratory certified by the United States department of
			 health and human services, substance abuse and mental health services
			 administration.
(5) "Board" means
			 the Wisconsin law enforcement standards board.
(6) "Bureau" means the training and standards
			 bureau of the division of law enforcement services in the Wisconsin department
			 of justice.
(7) "Collection site"
			 means a place designated by the approved laboratory where the applicant goes
			 for the purpose of providing a urine specimen to be analyzed for the presence
			 of drugs.
(8) "Collection site
			 person" means a person who instructs and assists applicants at a collection
			 site and who receives and makes an initial examination of the urine specimen
			 provided by those individuals.
(9)
			 "Confirmatory test" means a testing of the urine specimen performed, after an
			 initial screening test of that specimen, by a gas chromatography/mass
			 spectrometry (GC/MS) testing procedure or an equally rigorous scientific test
			 approved by the board.
(10)
			 "Controlled substance" has the meaning specified in s.
			 961.01(4),
			 Stats.
(11) "Division" is the
			 division of law enforcement services in the Wisconsin department of
			 justice.
(12) "Drug" means a
			 controlled substance as defined in s.
			 961.01(4),
			 Stats.
(13) "Fringe benefit" means
			 benefits paid to or on behalf of an officer above his or her hourly rate or
			 salary and not required by law to be paid. Items excluded from fringe benefits
			 shall include, but not be limited to, unemployment taxes, workers compensation
			 premiums, and social security taxes.
(14) "Initial positive test result" means a
			 finding by an initial screening test of the presence in the tested urine of any
			 of the controlled substances or classes of controlled substances or their
			 metabolites identified in s.
			 LES 2.02(5)
			 (b) in levels at or above the threshold
			 detection levels identified in s.
			 LES 2.02(5)
			 (b).
(15) "Initial screening test" means a test of
			 the urine specimen accomplished by immunoassay or an equally rigorous
			 scientific test approved by the board.
(16) "Jail" means a county jail, a
			 rehabilitation facility established by s.
			 59.53(8),
			 Stats., a county house of correction under s.
			 303.16, Stats., or a juvenile
			 detention facility as defined in s.
			 48.02(10r),
			 Stats.
(17) "Jail officer" means
			 any person employed by any political subdivision of the state for the purpose
			 of supervising, controlling or maintaining a jail or the persons confined in
			 the jail. "Jail officer" includes officers regardless of whether they have been
			 sworn regarding their duties or whether they serve on a full-time
			 basis.
(18) "Law enforcement
			 officer" means any person employed by the state or any political subdivision of
			 the state for the purpose of detecting and preventing crime and enforcing laws
			 or ordinances, and who is authorized to make arrests for violations of the laws
			 or ordinances the person is employed to enforce.
(18m) In this chapter, "police pursuit" has
			 the meaning given in s.
			 85.07(8) (a),
			 Stats.
(19) "Political subdivision"
			 means a county, city, village, town or public inland lake protection and
			 rehabilitation district.
(20)
			 "Positive test result" means a finding by a confirmatory test of the presence
			 in the tested urine of any of the controlled substances or their metabolites
			 identified in s.
			 LES 2.02(5)
			 (c) in levels at or above the threshold
			 detection levels identified in s.
			 LES 2.02(5)
			 (c).
(21) "Preparatory training" is the basic
			 training which a recruit must complete successfully before the board may
			 certify the recruit as eligible for permanent appointment.
(22) "Prospective employing agency" means the
			 state or any political subdivision of the state considering employing an
			 applicant as a law enforcement, jail or secure detention officer or any tribal
			 law enforcement agency considering employing an applicant as a tribal law
			 enforcement officer.
(23) "Recruit"
			 means a law enforcement, tribal law enforcement, jail or secure detention
			 officer employed on a probationary or temporary basis, in compliance with the
			 minimum recruitment qualifications set by the board, who is thereby eligible to
			 take the preparatory training required for certification of eligibility for
			 permanent appointment.
(24)
			 "Salary" means base salary, plus fringe benefits not to exceed 15% of the base
			 salary figure, but not including overtime, for the period specified in s.
			 LES 3.01(1)
			 (a).
(25) "Secure detention officer" means any
			 person employed by any political subdivision of the state to supervise, control
			 or maintain a secure detention facility or the persons confined in a secure
			 detention facility. "Secure detention officer" includes officers regardless of
			 whether they have been sworn regarding their duties or whether they serve on
			 full-time or part-time basis.
(26)
			 "Termination of employment" means complete termination of relationship between
			 employer and employee. Any employer approved leave of absence or suspension,
			 caused by medical, military, educational, or other reasons shall not cause a
			 termination of employment.
(27)
			 "Tribal law enforcement officer" means a person who is employed by a tribal law
			 enforcement agency for the purpose of detecting and preventing crime and
			 enforcing the tribe's laws or ordinances and who is authorized by the tribe to
			 make arrests of Indian persons for violations of the tribe's laws or ordinances
			 and who agrees to accept the duties of law enforcement officers under the laws
			 of this state.