Wisconsin Administrative Code
Department of Justice
Chapter Jus 12 - Crime Victim And Witness Assistance Program
Section Jus 12.02 - Program plan
Universal Citation: WI Admin Code ยง Jus 12.02
Current through August 26, 2024
(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:
1. Summary;
2. Levels of services to victims and
witnesses that the county intends to provide;
3. Related personnel and agencies;
4. Proposed staffing for the
program;
5. Proposed education,
training and experience requirements for program staff and the staff of
agencies providing related administrative programs and individual
services;
6. The county's budget
for implementing the program;
7.
Civil rights assurance;
8. Copy of
the county board resolution authorizing the program and plan submission;
and
9. 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.
1. 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.
2. 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.
3. 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.
1. 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.
2. Programs may assist potentially eligible
crime victim compensation recipients in the completion and submission of their
application forms.
3. 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.
(c)
Social services referrals.
1.
Programs shall provide information about and make appropriate referrals to
agencies which provide support and other services.
2. 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.
3. 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.
4. 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.
1. 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.
2.
Programs may assist witnesses in applying for payment of witness
fees.
(e)
Public
information.
1. 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.
2. 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.
3. 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.
4. Programs may initiate community public
relations activities.
(f)
Escort.
1. Programs shall provide information to
victims and witnesses who request it on personal support services available to
them while they are in court.
2.
Programs may arrange accompaniment for witnesses throughout their court
appearances.
(g)
Transportation.
1. 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.
2. Transportation services shall include the
provision of information regarding the location of the courthouse and available
parking facilities.
3. 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.
1. 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.
2. Programs may assist victims of felonies in
developing victim impact statements to be provided to the court at the time of
sentencing.
3. 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.
1. 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.
2.
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.
1. Programs
shall inform victims of their right to have personal property held as evidence
returned within a reasonable amount of time.
2. 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.
3. Programs may contact criminal justice
authorities responsible for the return of property in order to obtain the early
release of victims' property.
4.
Programs may participate in the administration of a system that facilitates the
early release of victims' property.
(k)
Protection services.
1. Programs shall inform victims and
witnesses of protection available, the level of protection available, and whom
to contact if they are threatened or harassed.
2. When informed of threats or harassment,
programs shall alert the appropriate law enforcement agencies and
prosecutor.
3. 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.
1. Programs shall provide
safe, comfortable, and convenient facilities for victims and witnesses to wait
upon their arrival to appear in court.
2. Programs shall provide for witness
reception. Witness reception shall include information on waiting facilities,
restrooms, food service, and other similar needs.
3. Programs may provide a separate waiting
room for victims and witnesses while awaiting court appearances.
(m)
Child victims and
witnesses.
1. 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.
2. Programs may provide explanations in
language understood by the child of all legal proceedings in which the child is
involved.
3. 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.
4. 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
(c) Operating expenses
(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:
1. Salaries and benefits consistent
with county classification and compensation plans;
2. Overtime and night differentials within
the county's established policies;
3. Travel expenses of program personnel that
are reasonable, actual, and necessary to perform program functions;
4. Actual, necessary, and out-of-pocket costs
for space rental added as a necessity to accommodate the program;
5. 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;
6. Public information,
including the printing of brochures and similar projects;
7. Telephone costs, including reasonable and
necessary monthly charges for local and long distance calls and installation
for new programs' start-up;
8.
Maintenance, repair, and replacement of equipment, including maintenance
contracts and replacement or repair of existing equipment previously approved
by the department;
9. Office
supplies subject to the approval of the department;
10. 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;
11. 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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
