About the Crime Victims Rights Board

​​​​​​​​​​​​​​​​​​​​​​​​The Wisconsin Crime Victims Rights Boar​d​ (CVRB) ​​is the state's victim rights enforcement body. The Board is an independent, fact-finding body with legislative authority to issue sanctions for violations of statutory or constitutional victim rights by public officials, agencies, or employees.​

The CVRB consists of five members who are appointed to 4-year terms by multiple appointing authorities. 

​Current appointees are:

Appo​intee
Appointed By​
Designated Seat
Curre​nt Term End Date

Jen Dunn

Wisconsin Attorney General

County Provider of Victim​/Witness Services

May 1, 2027

District Attorney Eric Sparr 

Wisconsin District Attorney's Association

District Attorney

May 1, 2029​

Stephanie Mock

Governor

Citizen 

May 1, 2027

Jessica Lind

Wisconsin Crime Victims Council

Citizen 

May 1, 2028

Captain Erwin Estacio

Wisconsin ​Attorney General
​Law Enforcement
​May 1, 2029


​CVRB Overview

The Board is an independent quasi-judicial body that operates by authority of Wis. Stat. Chapter 950.09 and Wisconsin Administrative Code CVRB 1 to: 

  • Review complaints regarding possible violations of the rights of crime victims by  public officials, employees or agencies.
  • Issue written probable cause determinations as to whether violations probably were or are being committed as alleged in complaints.
  • After findings of probable cause, conduct  investigations and/or hold evidentiary hearings, as needed, to determine whether violations occurred.
  • Issue written final decisions concerning reviewed cases. (Judicial review of a CVRB final decision is governed by Wis. Stats. ss. 227.52 to 227.59.) 
  • Issue sanctions for violations of Wis. Stat. Chapters 950 and 938 and Article I, Section 9m of the Wisconsin Constitution.
  • Issue reports and recommendations concerning the securing and provision of victims' rights and services.

The CVRB​ was created with a limited administrative attachment to the Wisconsin Department of Justice, meaning Wisconsin DOJ provides operational support but the actions of the Board are not subject to the review or approval of the attorney general.  ​

CVRB Formal Complaint Procedure​

How to File:

A complaint must first be addressed in an informal process with the Wisconsin DOJVictim Resource Center (VRC). When that process is completed, a CVRB complaint form is provided. Records from the informal process are not forwarded to the CVRB. For more information about the VRC process, call 1-800-446-6564 or email ocvs@wisdoj.gov.

Formal Complaint

The person filing the complaint (the complainant) has the burden of proof and must provide detailed information to support allegations. If the complaint is within the CVRB’s jurisdiction, it is sent to the person or agency the complaint is against (the respondent). The respondent is given an opportunity to submit a written answer to the CVRB. Parties to a complaint may hire attorneys to help them present their positions if they wish, but attorneys are not required.

Probable Cause (PC)

The CVRB reviews materials submitted by the parties and a summary from the VRC of the VRC process and outcomes to decide whether probable cause exists. PC is not a finding of wrongdoing. It means there is enough evidence that a violation may have occurred to warrant further review. The PC decision is sent to all parties in writing. A finding of ‘No PC’ is a final decision. If the CVRB determines that PC exists, it may open an investigation or hold a fact-finding hearing to determine if a violation occurred. 

Final Decision:

At the conclusion of an investigation (or hearing, if one is held), the CVRB deliberates and issues a written Final Decision and Order. The decision outlines findings of fact, conclusions of law and any remedy or sanction to be imposed if a violation was found to have occurred. 

Appeals

Parties may request a rehearing (if a hearing was held) or a judicial review of the final decision. The CVRB may grant a rehearing on the basis of a material error of law, a material error of fact or the discovery of new evidence. The procedure for a judicial review is governed by Wis. Stat. Chapter 227.

Limited Action Cases

In some cases, the law limits the actions the CVRB may take. It may not review complaints against judges but may refer such complaints to the Judicial Commission. If a victim doesn’t sign or consent to a complaint, the CVRB may only seek equitable relief or issue a report and recommendation. If a complaint is filed more than three years after the conduct being complained about, the CVRB may only issue a report and recommendation.

​The Crime Victim Rights Board may do any of the following:
  • Issue private and public reprimands of public officials, employees or agencies that violate the statutory and constitutional rights of crime victims. provided under Wis. Stat. Chapters 950 and 9387 and Article I, Section 9m5 of the Wisconsin Constitution.

  • Refer to the Judicial Commission a violation or alleged violation by a judge of the rights of crime victims. provided under Wis. Stat. Chapters 950 and 938 and Article I, Section 9m of the Wisconsin Constitution.

  • Seek equitable relief on behalf of a victim if such relief is necessary to protect the rights of the victim.  (The CVRB may not se​ek to appeal, reverse, or modify a judgment of conviction or sentence in a criminal case.)

  • Bring civil actions to assess a forfeiture under s. 950.11 for an intentional violation. (Forfeiture monies are distributed to the state Common School Fund.)

Reports & Recommendations Concerning Rights & Services

In addition to its authority to review complaints, the Bo​ard may issue reports and recommendations concerning the securing and provision of crime victim rights and services.

Read CVRB Reports & Recommendations

​​

​Complainant: The person who filed the CVRB complaint.

Crime: An act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12. See Wis. Stat. § 950.02(4).

Respondent: The person or agency against whom a CVRB complaint is filed. 

Victim: Victim is defined in both state statute and the state constitution in slightly different ways. Those differences matter in some situations, and an individual may need legal guidance to fully understand their rights/status given their circumstances. The following is not legal analysis. It is provided as a starting point to show that for the purpose of rights and services, the term victim can be broad in Wisconsin. 

To read the language, see Wis. Const. Art. I., sec 9m 1 and Wis. Stat. § 950.02(4)

  • A victim is a person against whom a crime has been committed.
  • If the person against whom the crime was committed is a child, victim also means a parent, legal guardian, legal custodian, or other lawful representative of the child.
  • If the person against whom the crime was committed is physically or emotionally unable to exercise his or her rights, victim also means a person designated by that person, his or her spouse, child, sibling, parent, legal guardian, or other lawful representative. 
  • If the person against whom the crime was committed is deceased, victim means a spouse, child, sibling, parent, legal guardian, or other lawful representative or a person who resided with the deceased. 
  • If the person against whom the crime was committed has been adjudicated incompetent in this state, victim means the legal guardian of the person or other lawful representative. 
  • Victim does not include the person charged with or alleged to have committed the crime. 
  • The constitution further states that victim does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her constitutional victim rights.​

Question 1: What is the difference between the CVRB and the Wisconsin Department of Justice (Wisconsin DOJ)? 


The Wisconsin DOJ and CVRB are different state bodies but it’s easy to confuse them. Wisconsin DOJ houses the informal complaint process through the Victim Resource Center (“VRC”) which advocates for victims and helps them through the process. The CVRB is the state’s formal victim rights enforcement body and cannot advocate for individuals. It is an objective fact-finding body made of five decision-makers appointed by different state authorities. The CVRB is independent from the Wisconsin DOJ and by law Wisconsin ​DOJ provides staff to assist the CVRB with operations. Therefore, you might interact with Wiscons​​in DOJ staff assigned to the CVRB. They are acting on behalf of the CVRB, not Wisconsin DOJ.

Question 2: Can I skip the informal complaint process and file a formal complaint instead?

The CVRB cannot accept a complaint from someone who has not first completed the informal complaint process. If you aren’t sure if you’ve done that, you can contact the VRC by emailing ocvs@wisdoj.gov.  Keep in mind, there are benefits to the informal process. The VRC has different goals and a broader scope and can advocate and get information for victims in ways the CVRB cannot. In fact, most complaints are resolved through the informal process. 

Question 3: Why am I being asked by the CVRB to provide information I provided during the VRC informal complaint process? 

The CVRB doesn’t have access to VRC records and is not aware of what you may have provided to the VRC. The two processes are completely different and kept separate to maintain the integrity of both. You should assume the CVRB needs a full explanation regardless of what you shared during the informal process.

Question 4: Will the CVRB collect additional information or let me know if I should send something I didn’t include in my complaint or in my answer to a complaint? 

No, not initially. At the beginning of the formal complaint process, the CVRB is not allowed to investigate the complaint. Parties should provide full complaints and full answers to complaints to ensure the CVRB can consider their interests and positions. Later in the process, if the Board finds probable cause, it may ask for specific information during an investigation or evidentiary hearing.

Question 5: What can the CVRB do if they find a violation occurred? 

If a violation is found, the CVRB has authority to issue reprimands, seek equitable relief on behalf of a victim, refer complaints about a judge to the Judicial Commission or assess a forfeiture for intentional violations (by law any money collected goes into a school fund, not to the complainant). It can also issue reports and recommendations concerning rights. It cannot collect restitution or order monetary damages, force a charging decision, change the outcome of a case, suspend or fire public officials, investigate the crime from which the alleged violation arose, or order an agency to investigate an alleged crime.







CVRB Docu​ments

View​ Crime Victims Rights Bo​ard documents, including general information, issued decisions, and reports and recommendations related to victim rights.




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