CVRB Documents

 

 

DECISIONS ISSUED BY THE CVRB

 

The following may be helpful to understand the actions the Board may take when making a decision: 

 

 

(Please note, the record numbers below do not necessarily indicate the year the case was filed, reviewed, or disposed.)

Involves a Victim's Right To... Filed Against Record Number Outcome

Attend Proceedings

DA’s Office

20-296.pdf

Violation

Attend Proceedings

DA’s Office

21-325.pdf

Violation

Be Heard at Certain Proceedings  DA's Office 22-015.pdf

Violation

Confer with Prosecution

DA’s Office

20-296.pdf

Dismissed after Investigation

Confer with Prosecution

DA’s Office

21-310.pdf

No Probable Cause

Confer with Prosecution

DA’s Office

21-317.pdf

Dismissed after Investigation

Confer with Prosecution

DA’s Office

22-003.pdf

No Probable Cause

Confer with Prosecution

DA’s Office

226-011.pdf 

Violation

Confer with Prosecution

DA’s Office

2210-017.pdf 

Dismissed after Investigation

Confer with Prosecution

DA’s Office

232-001.pdf

Violation

Expeditious Return of Property Law Enforcement 12-123.pdf No Probable Cause

Information about the Outcome of the Case

DA’s Office

21-014.pdf

Violation

Information about the Outcome of the Case

DA’s Office

232-001.pdf

Violation

Information about Status of Investigation & Outcome of the Case

DA’s Office

2210-016.pdf

Violation

Information about Status of Investigation & Outcome of the Case

DA’s Office

233-004.pdf

Violation

Information about Status of Investigation

Law Enforcement

22-004.pdf 

Violation

Information about Status of Investigation

Law Enforcement

25-007.pdf

No Probable Cause

Information about Status of Investigation

Law Enforcement

233-005.pdf

Violation

Notice of Proceedings

DA’s Office

20-296.pdf

Violation

Notice of Proceedings

DA’s Office

21-313.pdf

Dismissed after Investigation

Notice of Proceedings

DA’s Office

22-015.pdf

Violation

Privacy

DA’s Office

20-274.pdf

No Probable Cause

Privacy

DA’s Office

21-313.pdf

Not attributable to respondent

Privacy

DA’s Office

22-003.pdf

No Probable Cause

Privacy

DA’s Office, Law Enforcement

21-322.pdf

Dismissed

Privacy

DA’s Office, Law Enforcement 227-012.pdf 

No Probable Cause

Privacy

DA’s Office, Clerk of Court

23-009.pdf

No Probable Cause

Privacy

Law Enforcement

22-001.pdf

Violation

Protection from the Accused

Law Enforcement

21-312.pdf 

No Probable Cause

Protection from the Accused

Law Enforcement

224-006.pdf

Violation

Protection from the Accused

DA’s Office

232-001.pdf Not attributable to respondent

Provide Information to the Court

DA’s Office

20-296.pdf

Violation

Restitution (Assistance with Collection)

Dept. of Corrections

21-013.pdf 

Violation

Restitution (Assistance with Collection)

Dept. of Corrections

22-002.pdf 

Violation

Restitution

DA’s Office

21-304.pdf 

No Probable Cause

Speedy Disposition

DA’s Office

20-274.pdf

No Probable Cause

Speedy Disposition

Law Enforcement, DA's Office

20-285.pdf

No Probable Cause

Speedy Disposition

Law Enforcement

224-006.pdf

Violation

Speedy Disposition

Law Enforcement

233-005.pdf

Violation

Speedy Disposition

DA’s Office

21-012.pdf

No Probable Cause

Speedy Disposition

DA’s Office

21-014.pdf

Violation

Speedy Disposition

DA’s Office

21-310.pdf

No Probable Cause

Speedy Disposition

DA’s Office

21-313.pdf

Violation

Speedy Disposition

DA’s Office  

23-005.pdf

No Probable Cause

Speedy Disposition

DA’s Office

2210-016.pdf

Violation

Speedy Disposition

DA’s Office

233-003.pdf

No Probable Cause

Speedy Disposition

DA’s Office

233-004.pdf

Violation

Treatment 

Judge

20-296.pdf

Referred to Judicial Commission 

Treatment 

DA’s Office

20-296.pdf

Dismissed after Investigation

Treatment 

DA’s Office

21-012.pdf

No Probable Cause

Treatment 

DA’s Office

21-310.pdf

No Probable Cause

Treatment 

DA’s Office

22-003.pdf

No Probable Cause

Treatment

DA’s Office

226-009.pdf

No Probable Cause

Treatment

DA’s Office

22-015.pdf

Violation

Treatment

DA’s Office

2210-016.pdf

Violation

Treatment

DA’s Office

233-004.pdf

Violation

Treatment

Law Enforcement, Victim Witness Office

20-285.pd

No Probable Cause

Treatment

Law Enforcement

22-001.pdf

Violation

Treatment

Law Enforcement

22-004.pdf 

Violation

Treatment 

Law Enforcement

225-008.pdf 

Violation

Treatment

Law Enforcement

2212-019.pdf 

No Probable Cause

Treatment

Law Enforcement

2212-020

No Probable Cause

Treatment

ME’s Office

23-005.pdf

No Probable Cause

Written Victim Information from DA

DA's Office

20-285.pd

No Probable Cause

Written Victim Information from DA

DA’s Office

233-003.pdf

No Probable Cause

Written Victim Information from LE 

Law Enforcement

21-304.pdf 

Violation

Written Victim Information from LE 

Law Enforcement

22-004.pdf 

Violation

Written Victim Information from LE 

Law Enforcement

25-007.pdf

No Probable Cause

Written Victim Information from LE

Law Enforcement

2212-018.pdf

Violation

(No Victim Right Implicated)

DA’s Office

20-291.pdf 

Dismissed

(No Victim Right Implicated)

DA’s Office

21-331.pdf

Dismissed

(No Victim Right Implicated) WI DOJ 23-002.pdf Dismissed
(No Victim Right Implicated) Law Enforcement, DA's Office 23-013.pdf  Dismissed
(No Victim Right Implicated) Law Enforcement, Coroner, Mayor, City Atty  23-014.pdf Dismissed

 


 

REPORTS & RECOMMENDATIONS ISSUED BY THE CVRB

 

Protecting Victims' Rights During Temporary COVID-19 Justice Procedures 

 

 

Right to Attend Court Proceedings in the Case

 

Statutes: Wis. Stat. §§ 950.04(1v)(b), 950.07

Wis. Const. Article 1, sec. 9m, (2)(e)

 

Case Summary Date Issued Issued To Click to Read  
Incarcerated victim not transported to attend hearings related to assault committed against him. Nov-2006 Prosecutor CVRB 09
Jailed victim not permitted to attend court proceeding as the father of a crime victim. Jun-2007 Sheriff’s Department CVRB 11

Victim requested in writing to exercise many victim’s rights.  Prosecutor entered into a deferred prosecution agreement prior to initial hearing and victim was not given an opportunity to confer or notice to attend the court hearing on the matter.

May-2014 Prosecutor CVRB 29

 

 

Right to receive chapter 950 rights and services

 

Statutes:  Wis. Stat. §§ 950.08(3), 950.04(1v)(zx)

Wis. Const. Article 1, sec. 9m, (2)(p)

 

Case Summary Date Issued Issued To Click to Read 
Complainant not permitted to access DOJ informal complaint process. Jul-2007 WI Dept. of Justice CVRB 12

 

Right to Con​fer

 

Statute: Wis. Stat. § 950.04(1v)(j)

Wis. Const. Article 1, sec. 9m, (2)(h)

 

Case Summary

Date Issued

Issued To

Click to Read 

Prosecutor did not confer with victim, was unaware of victim’s wishes. 

Aug-2005

Prosecutor

CVRB 05

Victim wished to confer but was confused about how to request and exercise the right to confer. 

Jul-2008

Prosecutor

CVRB 15

 

 

Notice of proceedings

 

Right to notice of hearing and court pro​ceedings

 

Statute: Wis. Stat. §  950.04(1v)(g)

Wis. Const. Article 1, sec. 9m, (2)(g)

 

Case Summary

Date Issued

Issued To

Click to Read 

Victim of assault did not receive notice of sentencing hearing when a pretrial conference abruptly changed to a plea and sentencing proceeding.   Proceedings commenced without waiting for the victims’ rights request form to be returned by the victim.

Aug-2005

Prosecutor

CVRB 05

Complainant was assaulted while incarcerated and requested notice of all hearings and proceedings related to his assault; notice of the plea and sentencing hearing was not provided.

Nov-2006

Prosecutor

CVRB 09

Victim of domestic violence did not receive notice of hearings from the DA’s office and relied instead on information provided by the offender’s defense attorney. 

Nov-2011 Prosecutor CVRB 25

Victim requested in writing to exercise many victim’s rights.  Prosecutor entered into a deferred prosecution agreement prior to initial hearing and victim was not given an opportunity to confer or notice to attend the court hearing on the matter.

May-2014 Prosecutor CVRB 29

Victim requested notice of sentencing hearing and to make a victim impact statement at sentencing hearing.  The victim was given the wrong date did not appear at the hearing.  When the victim did not appear, the prosecutor did not make reasonable attempts to provide the victim with notice of the hearing.

Dec-2016 Prosecutor CVRB 32
Victim did not receive notice of a hearing to vacate a restitution order 22 years after the crime.  Apr-2019 Prosecutor CVRB 35

 

Privacy

 

Statutes: Wis. Stat. § 950.04(1v)(ag),950.04(1v)(dr)

Wis. Const. Article 1, sec. 9m, (2)(b)

 

Case Summary

Date Issued

Issued To

Click to Read 

Public employee violated victim's right to s. 950.04(1v)(dr) when she disclosed for unofficial purposes the name of a domestic violence victim and the fact that she filed papers with the courthouse in which the employee worked. 

Sept-2015

Public Officials, Public Agencies, Public Employees

CVRB 30

Public official violated the victim's right to respect for her privacy by sharing case information, including personal and sensitive information about the victim, with a community advocacy organization with the intent to inform advocates about the case should the victim seek services.   The victim was extremely distressed by the disclosure of this information which she did not want shared in her community. Oct-2019 Public Officials, Public Agencies, Public Employees CVRB 36
Law enforcement officer violated a sexual assault victim's right to privacy and respect for her privacy by sharing information about her involvement in an unrelated law enforcement contact.  This information was shared with other reporting victims in a disparaging context to call into question her credibility and the strength of her case.  April-2023 Law Enforcement Agency CVRB 39

Right to Reasonable Protection from the Accused

 

Wis. Const. Article 1, sec. 9m, (2)(f)

Case Summary Date Issued Issued To Click to Read
Clerk of Court policies led directly to a victim's married name being discoverable on a public website.  (Victim's assailant previously only knew her by her maiden name.) Mar-2019 Elected Clerk of Court CVRB 34
Victim put in proximity to the offender while both in custody. Jan-2020 County Jail Administrator CVRB 37

 

Right to receive information about the disposition ​of the case

 

Statute: Wis. Stat. § 950.04(1v)(zm)

Wis. Const. Article 1, sec. 9m, (2)(o)

 

Case Summary

Date Issued

Issued To

Click to Read 

Prosecutor denied requests from victim of felony hit and run for information about the terms of the offender’s deferred prosecution agreement.

Aug-2008

Prosecutor

CVRB 17

 

Right to receive written information from the Distr​ict Attorney about rights and how to exercise rights

 

Statute: Wis. Stat. §§ 950.04(1v)(u), 950.08(2r)

Wis. Const. Article 1, sec. 9m, (2)(p)

 

Case Summary

Date Issued

Issued To

Click to Read 

Victims of a hit and run did not receive information about their case and rights and were unable to provide information to the court. 

Nov-2010

Prosecutor

CVRB 23

Victim of domestic violence had initial contact with case as a witness.  When that status changed from witness to victim, the office did not provide required rights’ information.

Nov-2011

Prosecutor

CVRB 25

 

Right to receive wri​tten information from Law Enforcement

 

Statutes:  Wis. Stat. §§ 950.04(1v)(t), 950.08(2g)

Wis. Const. Article 1, sec. 9m, (2)(p)

 

Case Summary

Date Issued

Issued To

Click to Read 

Law enforcement agency erroneously believed notice of rights was provided by district attorney's victim witness office and did not have a policy for providing the required written notice. July 2021 Police Department CVRB 38

SPECIAL REPORT: Duty of Law Enforcement to Provide Specific Written Information Within 24 hours of Contact

2017

Law Enforcement

CVRB 33

Victim was not given the required written information and requests for information were ignored. 

Jul-2012

Sheriff Dept.

CVRB 01

Complainant was not given victims’ rights information from the law enforcement agency investigating the sexual assault of complainant’s child. The agency did not have the required written information to give victims and used instead a local victim service brochure which did not comply with the statutory requirements.

Nov-2007 Police Dept. CVRB 13

Complainant was incarcerated when child died as a result of neglect by the child’s guardians. Complainant was not given victims’ rights information by law enforcement when contacted about the crime.

Dec-2006 Police Dept. CVRB 10

Victim alleged the required written information was not provided.

Oct-2004 Police Dept. CVRB 04

 

Right​ to Restitution

 

Wisconsin Constitution, Article 1,  § 9m(2)(m) 

 

Case Summary

Date Issued

Issued To

Click to Read 

This report was issued in response to two complaints filed against the Department of Corrections alleging DOC violated the complainants' right to be provided with assistance collecting restitution pursuant to Wis. Const., art. I, sec. 9m(2)((m). July 2023 WI Dept. of Corrections CVRB 40

Right​ to a speedy disposition of the case

 

Statute: Wis. Stat. § 950.04(1v)(k)

Wis. Const. Article 1, sec. 9m, (2)(c) and (d)

Case Summary

Date Issued

Issued To

Click to Read 

SPECIAL REPORT: Speedy Disposition for Crime Victims 2010 Public Officials CVRB 21

Charging decision in theft case delayed 8 months.

Aug-2003 Prosecutor CVRB 03
Charging decision in child sexual assault case delayed approximately 8 months. Aug-2006

Prosecutor

​Victim-Witness

CVRB 07
Charging decision in assault case delayed 13 months. Mar-2008 Prosecutor CVRB 14

Disposition of vehicular homicide case delayed approximately four years; 14-month delay caused by military deployment of defendant.

Mar-2009 Prosecutor, Judge CVRB 16

2 year delay to notify parents of a charging decision related to a car accident in which their child was killed.

Jul-2009 Prosecutor CVRB 19

Charging decision in child sexual assault case delayed 19 months.

Sep-2009 Prosecutor CVRB 20

Investigation of child sexual assault case delayed 38 months.

Apr-2011 Detective CVRB 22

Charging decision in theft case delayed 3 years.

Jan-2013 Prosecutor CVRB 24

Charging decision in child sexual assault case delayed 10 months. 

Jul-2013 Prosecutor CVRB 27

Treatment Issues

Statutes: Wis. Stat. § 950.04(1v)(ag)

Wis. Const. Article 1, sec. 9m, (2) (2)(a)

Case Summary Date Issued Issued To Click to Read 
Law enforcement officer made disparaging remarks about a sexual assault victim's credibility when interviewing other reporting victims.  April-2023 Law Enforcement Agency CVRB 38

 

Witness' right to protection from harm aris​ing from cooperation with Law Enforcement & Prosecution Efforts

 

Statute: Wis. Stat. § 950.04(2w)(c)

 

Case Summary

Date Issued

Issued To

Click to Read 

A witness to protection order violations alleged the right to protection was violated when law enforcement minimized and did not follow up on the witness’s reports.

Apr-2006 Law Enforcement CVRB 08