reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 253 - CHILD SUPPORT COOPERATION FOR FOOD STAMPS

Current through June 24, 2024
Chapter DWD 19 was renumbered ch. HFS 253 under s. m
				  13.93(2) (b) 1., Stats., and corrections were made under s. m 13.93(2) (b) 6.
				  and 7., Stats., Register January 2003 No. 565. Chapter HFS 253 was renumbered
				  chapter
				  DHS 253 under s.
				  13.92(4)
				  (b) 1, Stats., and corrections made under s.
				  13.92(4)
				  (b) 7, Stats., Register January 2009 No.
				  637.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
				promulgated under authority set forth in s.
				49.78(3),
				Stats., to ensure that each income maintenance worker employed by a county or
				tribal agency has successfully completed a training program to achieve
				acceptable IM worker job performance. Successful completion of prescribed
				training is required for all new IM workers. The department shall make ongoing
				training available for experienced IM workers.
(2) APPLICABILITY. This chapter applies to
				county and tribal income maintenance agencies and the income maintenance
				workers employed by those agencies.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.03 - Initial income maintenance training

Current through June 24, 2024
(1) The department
				shall make initial IM worker training available to new IM workers directly or
				through contractors. The county or tribal shall ensure that each new IM worker
				completes the department's initial training during the first 6 months of
				employment.
(2) The new IM worker
				may not make independent decisions related to eligibility for income
				maintenance programs or perform case management functions until the initial
				income maintenance training is successfully completed. Successful completion
				requires attendance for all class hours and involvement and participation in
				all instructional activities. The county or tribal agency shall develop
				evaluation strategies to ensure that the new IM worker achieves a minimum
				standard of competence.
(3) The
				department shall develop a standardized curriculum for training new IM workers.
				The approved curriculum shall include courses, independent study, and closely
				supervised practical experience that total at least 100 hours and shall ensure
				that learning objectives support an acceptable standard of competency at
				completion. The curriculum may vary depending on job function and may include
				program philosophy, policy and procedure, eligibility determination, case
				management, interpersonal skills, and automated systems.
(4) A county or tribal agency may develop its
				own training to implement the DHS standardized curriculum under sub. (3), with
				approval by the department. A county or tribal agency that chooses not to
				participate in the initial training for new IM workers offered by the
				department or its contractors shall submit a training implementation plan to
				the department for approval at least 45 days before the planned start date of
				training. Training plans shall be submitted to the department on an annual
				basis. The plan shall:
(a) Specify the number
				of hours of classroom training, independent study, planned exercises, and
				activities.
(b) State how IM
				handbooks, manuals, and instructional materials will be used.
(c) Explain how training will address the
				interpersonal and case management skills needed to perform the IM
				function.
(d) Specify the number of
				hours of supervised practical experience, including the use of automated
				systems, IM program policy and procedure application, and case management
				techniques.
(e) Indicate the length
				of the training program.
(f)
				Describe how learning will be evaluated.
(g) Include the name, address, position
				title, and qualifications of each trainer.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.04 - Ongoing training for experienced IM workers

Current through June 24, 2024
(1) The department
				shall develop an ongoing course or courses for experienced IM workers and shall
				make the course or courses available each year directly or through contractors.
				The department shall annually define required training courses and develop a
				standardized curriculum for each job function as needed. The curriculum shall
				include the following:
(a) Policy and
				procedure in IM handbooks, manuals, and instructional materials.
(b) Automated systems used in IM
				programs.
(c) Interpersonal skills
				needed to perform IM functions.
(d)
				Enhanced case management information and skills, including:
1. Programmatic techniques that provide
				intermediate or advanced training in skills that ensure accuracy in program
				delivery.
2. Special needs of the
				IM recipient or a family member, including substance abuse, domestic abuse, and
				physical or mental disabilities.
3.
				Community resources and supportive services available to assist IM
				participants.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.05 - Trainer qualifications

Current through June 24, 2024
The department shall ensure that the person doing the
				  training has:
(1) Knowledge of the
				programs and procedures in which the person will conduct training as evidenced
				by prior experience or education.
(2) Experience or education in training
				techniques or adult education.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.06 - Local responsibility for implementing updates

Current through June 24, 2024
Each county or tribal agency shall ensure that new and
				  experienced IM workers are trained in a timely manner on all IM policy and
				  procedure and automated system updates that are issued by the
				  department.
These updates include Handbook and Manual releases,
					 Administrator's Memos, and Operations Memos.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 254 - IM Worker Training › Section DHS 254.07 - Reports and records

Current through June 24, 2024
(1) ANNUAL REPORT OF ALL IM WORKER TRAINING.
				Each county or tribal agency shall submit to the department by February 1 of
				each calendar year a report that documents training completed by all new and
				experienced IM workers during the previous calendar year.
(2) REPORT OF INITIAL IM WORKER TRAINING.
				Each or tribal agency shall submit to the department by the first day of each
				month a list of IM workers who are required to complete initial IM worker
				training.
(3) PERSONNEL FILE. Each
				county or tribal agency shall include in the personnel file of all new and
				experienced IM workers information needed to document successful completion of
				training, including the title of the training program, dates of training,
				trainer's or sponsoring organization's name, number of hours of training, and
				location of training. The county or tribal agency shall make the training
				records available to the department upon request.
Send the monthly list of IM workers who are required to
					 complete initial IM worker training and the annual report on training to: DHS
					 IM Training Coordinator, 1 W. Wilson Street, Room 1050, Madison, WI 53702.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 8 - Sex Offender Registration (Repealed) › Section Jus 8.02 - Applicability (Repealed)

Current through June 24, 2024
Sectio n 175.45(1), Stats., as created by 1993 Wis. Act 98
				  and renumbered to s.
				  301.45(1g),
				  Stats., by 1995 Wis. Act 440, is entitled "who is covered" and reads as
				  follows:
A person shall comply with the reporting requirements under
				  this section if he or she meets any of the following criteria:
(a) Is convicted, adjudicated delinquent or found in need of
				  protection or services on or after December 25, 1993, for any violation of s.
				  940.225(1) or
				  (2),
				  948.02(1) or
				  (2) or
				  948.025[,
				  Stats].
(b) Is in prison or a secured correctional facility or on
				  probation, parole, supervision or aftercare supervision on or after December
				  25, 1993, for any violation of s.
				  940.225(1) or
				  (2) or
				  948.02(1) or
				  (2) [Stats].
(c) Is found not guilty or not responsible by reason of
				  mental disease or defect on or after December 25, 1993, and committed under s.
				  51.20
				  or
				  971.17[,
				  Stats.] for any violation of s.
				  940.225(1) or
				  (2) or
				  948.02(1) or
				  (2)[, Stats.].
(d) Is in institutional care or on conditional transfer
				  under s.
				  51.35(1)[,
				  Stats.,] or conditional release under s.
				  971.17[,
				  Stats.,] on or after December 25, 1993, for any violation of s.
				  940.225(1) or
				  (2) or
				  948.02(1) or
				  (2)[, Stats.].
(e) Is ordered by a court under s. 48.34(15),
				  51.20(13)
				  (cr) or
				  973.047[,
				  Stats,] to comply with the reporting requirements under this section.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 8 - Sex Offender Registration (Repealed) › Section Jus 8.06 - Method of registration (Repealed)

Current through June 24, 2024
The form used under this section is available from the
				  department at the following address: Division of Criminal Investigation,
				  Wisconsin Department of Justice, P.O. Box 7857, Madison, Wisconsin 53701-7857.
				  The form as developed includes one portion for acknowledging notification as
				  required under s.
				  Jus
				  8.08(1) and another portion for
				  registration under this section. A copy of the form with the acknowledgment
				  portion completed is to be sent to the department by the notifying person or
				  agency, and the original form with the acknowledgment portion and the
				  registration portion completed is to be sent to the department by the
				  registrant.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 8 - Sex Offender Registration (Repealed) › Section Jus 8.11 - Compliance and penalties (Repealed)

Current through June 24, 2024
The legislature has authorized penalties for violating this
				  chapter. Statutory authority for those penalties is found in s.
				  301.45(2), (3) (b) and
				  (8), Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.01 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.05 - Use of human biological specimens for DNA data bank

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.06 - Use of DNA data bank

Current through June 24, 2024
(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:
1. 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.
2. 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.
3. 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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.07 - Compliance and penalties

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.08 - DNA analysis surcharge

Current through June 24, 2024
(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.
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.09 - Cooperation

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.10 - Reimbursements to law enforcement agencies

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.01 - Purpose

Current through June 24, 2024
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.
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.02 - Applicability

Current through June 24, 2024
(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
(c) Transfer of a handgun to a law
			 enforcement or armed services agency.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.04 - Dealer registration

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.05 - Prohibited handgun transfers

Current through June 24, 2024
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
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.07 - Identification review after nonapproval

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.08 - Record correction review after nonapproval

Current through June 24, 2024
(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 may 10.07, 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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.09 - Appeal after review

Current through June 24, 2024
(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:
1. 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
2. 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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.095 - Processing of information received from circuit courts under chs 51, 54, and 55, Stats

Current through June 24, 2024
(1)
(a) The
			 department shall maintain a database that includes:
1. 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.
2. 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.
3. Any identifying information that has been
			 provided by a circuit court to the department under subd. 1. or 2.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.10 - Records

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.11 - Fees

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 10 - Handgun transfers › Section Jus 10.12 - Penalties

Current through June 24, 2024
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.
See PDF for
				table
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.01 - Description of the program

Current through June 24, 2024
(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.
(c) "Department" has the
				meaning specified in s.
				949.01(1m),
				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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.02 - Filing of claims

Current through June 24, 2024
(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.
(c) An accurate description of the crime and
				the date on which the crime occurred.
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.03 - Claims investigation and decision

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.04 - Economic loss

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.05 - Awards

Current through June 24, 2024
(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:
1. The victim must be a victim of s.
				940.01,
				940.02,
				940.05,
				940.06,
				940.07,
				940.08
				or
				940.09,
				Stats.
2. 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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.06 - Mental health treatment

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.07 - Limitations on awards

Current through June 24, 2024
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.