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Home My WebLink About29240 / 77-03Decemt�r 15, 1977 # 3 FIRST R.�DIII� • • � � • Ma� PURPOSE : II�7PLE�'�NT STATE LAW II�'ORC.E��iIT Z'R�INIP:G F'UND PE[�iALTY INITIATED BY: CI'PY 1�7�'.I'OFt[v'�'Y'S OF�ICE A GF�IEi2AI, O:�DIN��.�IGE OF � Clri'Y OF C�HKOSri CR�'ATIhG SECTION 1-5.2 QF Tf� OSHKOSH r�Ji�IICiPAL COl]E PERTE�IP7IIVC� TO ORDIl�TAN� INITIATIC7�1 The Cor�rnn Council. o� the City of Oshkosh do ordain as follaws: SECTICiV l. ri�at S��c�icsr� ]�-5.2 c>f tt:e Oshkosh N�.znicigal Code pertaining to Pena.lt1 provisio:� : wi:tl� r�ard a�.diriance violations is hereby creat:ed to read as fo1:Lc�ws: 1-5.2. -- I:;�I��Yt Penalty Provision for L�o Enforc.eirent Training F�.ind A1I of th? pravisions of C7:ap�ers 165.87, 59.20 (5) (b) , and 59.395 (5) of the Wist�r�in S-�atutes describin� and dzfining the provisions of a Penalty Assessr�nt to be add� on to Phuni.cinal Ordinance Penalties, are hereby adopte�3 aric� by re�erence rt�.nde a par_t of t-his ordinance as if. fu11Y set fo�t'n r�rein. SECTIG21 2. 'T��is o:rdinance shal� be in ful.l force and �ffect fr�n and after its passage and dat� of pu�.�lica��:i.on. , _ . � .... � PENALTY ASSESSMENTS AND THE LAW ENFORCEMENT T;�AINING FUND --- All law enforcement administrators in the state recently received a letter from the Department of Justice, Division of Law Enforce- men�t Services, which generally explained Wisconsin's new penalty assessment law. The following questions present a summary of information from the letter along with details of penalty assess- ment administration. �, uee�t�,on: What is a penalty assessment? An6�iven: It is a specific amount which must be added to a fine or forfeiture. �The amount is d�termined by calculatinq 10$ of a fine or forfeiture and adding that amount to the fine or'forfeiture. ueb�t�.on: Anewen: ueaZ�.on: Is a court cost or fee included with a fine or forfeiture to establish a base for calculating an assessment? No. A penalty assessment must be calculated from only a fine or forfeiture. When will penalty assessments begin? Ane�en: Section 165.87, Wis. Stats., requires that assessments be levied on or after January 1, 1978. After January 1, a bai:t bond deposit, for example, must include a penalty ass�ssment in addition to the scheduled deposit. uea.t�.on: An officer �.ssues a citation in late December, 1977. The cour�t da�te indicated on the citation falls after January 1, 1978. Should the officer add the 10$ penalty assessment surcharge to the deposit because it will be disposed of (bail forfeited or fine assessed) after January 1, 1978? An�nwen: No. The 10$ penalty assessment surcharge is added to � bail bond deposits onlY for violations occurring after January 1, 1978. ; ue.b.t�.on: Are there violations which have been excluded from penalty assessments? Anl3wen: Yes, only nonmoving traffic violations have been excluded from assessments. Assessments must be levied against all other violations of state criminal and traffic codes and local ordinances. � ! � � � -8- Aovember 18, 19�� l• �� 0 PENAI.TY ASSESSMEMTS AND THE LAW ENFORCEMENT TRAINING FUND --- (cctntinued from preceding page) �; ues��.on: what is the definition af "nonmoving traffic violation?" Anbwen: As used in sec. 165.87(2), Wis. Stats., the words "non- � moving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50.through 346.55, Stats.. uee.t�.on: Will the uniform state traffic deposit schedule be modified to include penalty assessments along with its regular bond and deposit schedules? Anawen: Yes. A revised schedule will be available in December and will be distributed to all law enforcement agencies. ueeZ.i.on: Does the new penalty assessment law change the obli- gations of the state to reimburse local governments for their expenses to train laW enforcement officers? Andwen: No. Penalty assessment funds will be sent by county � and municipal treasurers to the� state for deposit in a special acdount. The Wisconsin Justice Department will draw funds from the account (the Law Enforcement Training Fund) to reimburse local governments for 100$ of autho- rized expenses to send an officer to 240 hours of basic training. Sixty percent (60$) of authorized expenses for up to 80 additional hours of instruction will also be reimbursed. Reimbursements from the special account for inservice and specialized training expenses have not been authorized by the legislature. The Justice Department will request the legislature to authorize the use of penalty assess- ment funds to pay inservice and specialized training expenses beginning July 1, 1978. Following is the text of the:new Wisconsin Statute 165.87. S�CTION 1253. 165. B1 0� �the e�a.tuzea �.e c:nea�ed .to nead: 165.87 Law Enfor.cemer�t training fund. (1) FUND. All moneys collected from penalty assessments under this section shall be deposited in s. 20.455 (2) (i), and utilized in accordance with s. 165.85 (5), The moneys deposited in s. 20.455 (2) (i) shall constitute a continuing program revenue account which shall be known as the law enforcement training fund. (2) LEVY OF PENALTY ASSESSMENT. (a) On or after January 1, 1978, whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or :ounty ordinance -7- November 18, 1977 � i� PENAI�TY.ASSESSMENTS AND THE LAW ENFORCEMENT (contznued from precedin a e) i �TRAINING FUND --- � 9 P 9 ex�ept for state l�ws or such ordinances i(nvolving nonmoving tiraf- fic violations, there �shall be imposed in;addition a penalty as- sessment in an amount �of 10% of the fine oir forfeiture imposed. If�multiple offenses a,re involved, the penalty assessment shall be:based upon the tota�l fine or forfeitureifor all offenses. When a fine or forfeiture is suspended in,whole or in part, the . pe�nalty assessment shall be reduced in pra�portion to the suspen- sion. ; (b;) If a fine or forfeiture is imposed by�a court of record� after a�determination by the court of the amoun� due, the clerk of the co-urt shall collect and transmit such amo�lnt to the county trea- su�rer as provided in s. 59.395 (5). The county treasurer shall th`en make payment to t'he state treasurer als provided in s. '59.20 �5) �b)• � , �; (�) If a fine or forfeiture is imposed byta municipal court, after a determination by the court of the amoun�,due, the court shall collect and transmit 9uch amount to the tn'easurer of the county, ci;ty, town or village, and that treasurer�shall make payment to the state treasurer as provided in s. 66.12 (1) (b). (d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the assessment pre- scribed in this section for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer under this section. If bail is returned, the as`sessment shall also�be returned. . S�C7IUN 670. 59.20 (�`) (b) o� .the aZa�iux2e �.a cnea�ted �to nead: 59.2� (5) (b) For all' court imposed fines and forfeitures re- quired by law to be deposited in the stat� treasury and the amounts required by s. 165.87 for the penalty assessment surcharge, trans- mit to the state treasurer a'statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by personal affidavit indorsed upon attached thereto, and at the same time pay to the state treasurer the amount thereof. SFCTION 611. 59.345 (5� o� Zhe b�CiZl.lZ2b �.e amended .to nead: 59.395 (5) Pay monthly to the county treasurer for the use of the state the state tax required to be paid oh each civil action, cog- novit judgment and special proceeding filied during the preceding month, after adjustments for transfer of ,cases between the circuit and county courts, and pay monthly to the;,county treasurer for the � lI -8- November 18, 1977 � � � , ; � . ' � � ; ; . . � . PENALTY ASSESSMENTS AND THE LAW ENFORCEMENT TRAINING FUND --- • (continued from preceding page) � , � use of the state the amount for court imposed fines and forfeitures r?equired by law to be deposited in the s;tate treasury and the a�eunts required by s. 165.87 (2) (b) fo;r the penalty assessment s��rcharge. Such payments shall be made ;by the 15th day of the month following receipt thereof. The clerk shall take duplicate r,eceipts from the treasurer and shall forward one receipt to the secretary of administration within 10 days with a certificate of t�he number of actions, cognovit judgments and special proceedings f,iled during the precedi�ng month. � * w * * * * � * * * � � * RETIREMt�'�� RECOGNITION - Fst DIRECTOR KELLEY --- Chief Tony Paris, Rhinelander Police Department, has requested �ublication of information he recently received from the IACP regarding the retirement of FBI Director Clarence M. Kelley. A testimonial dinner.honoring Director Kelley for his 38 years of service to law enforcement, will be Y�eld in Washington, D. C. c+n December 15, 1977, beginning at 7:30yp.m. Reservations must be received by December 5. Information;�s available by calling the FBI Public Information Office at 202�/324-5352. * • � • • ' * * w • ; � � • • w TRAIhING AND STANDARDS BUREAU - RECRUIT SCHOOL SCHEDULE --- JANUARY TO SEPTEMBER, 1976 The Law Enforcement Standards Board has certified the listed law �:nforcement rectuit training programs as meeting its basic train- xng requirements. Agencies are remindec� that a completed enrollment application (Form DJ-LE-303) must be submitted to the Trainin and Standards Bureau for each officer they �esire to enrol in a Boar�c- cert�ie� program. Completed applicatians must be on file with the Training and Standards Bureau �r�ior to the program starting date. Fnrollment reservatibns may be ma3-e with'the school directors. -9- November 18, 1977 • w m � � �� ` � 3 � �� a� � �� a �� w N � r—I •ri .� •r—� •� � O H � -N � � N N U � � N cCi U �� •ri O '-� 4--i � � O W � � � �ti .� N � � � � '� � � N �� Fq ,—I � O S-� H cti U � O T-I � O � ,-, ti � N � Q -1-� • O N '� •ri � � � O ct3 H U � O .� � O � � � rn �� J ry S-� ---� N .Q ��y.l � � s �N U �,,, � -1� N •rl Q U