AB533: Bill Text

•Religious character and freedom. The bill specifies that a religious organization that receives a grant from, or contracts with, DOC or a county retains its independence from federal, state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs. The bill prohibits DOC and each county from requiring a religious organization to alter its form of internal governance or remove religious art, icons, scripture or other symbols as a condition of contracting with, or receiving a grant from, DOC or the county.

•Rights of beneficiaries of assistance. The bill specifies that if an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance from a program supported with funding administered by DOC or a county, DOC or the county must provide the individual assistance of equal value from a nonreligious provider that is accessible to the individual if the individual so requests. Both DOC and the counties are required to provide written information to individuals who are eligible for assistance regarding the availability of assistance from a nonreligious provider.

•Employment practices. The bill specifies that a religious organization's exemption recognized under federal law regarding employment practices [42 USC 2000e-1a] is not affected by its participation in programs administered by DOC or a county.

•Nondiscrimination against beneficiaries. The bill prohibits a religious organization from discriminating against an individual in regard to rendering services funded under any DOC or county program on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

•Fiscal accountability. The bill specifies that any religious organization that receives grant funding from, or contracts with, DOC or a county is subject to the same laws and rules as other contractors and grantees regarding accounting in accord with generally accepted auditing principles for the use of these funds. If the religious organization segregates funding from DOC or the county into separate accounts, only the financial assistance provided with these funds is subject to an audit.

•Limitations on the use of funds for certain purposes. The bill prohibits any religious organization that receives funding from DOC or a county from expending any of those funds for sectarian worship, instruction or proselytization.

•Certification of compliance. The bill requires every religious organization that contracts with, or receives a grant from, DOC or a county to provide crime prevention or rehabilitation assistance to eligible recipients to certify in writing that it has complied with the proscription against discrimination based on religion, religious belief or refusal to actively participate in a religious practice and the proscription against the expenditure of public funds for sectarian worship, instruction or proselytization. Each organization is also required to furnish the department or county board with a copy of this certification and a written description of the policies the organization has adopted to ensure compliance with these proscriptions.

•Remedy for violation. The bill specifies that any party that seeks to enforce its rights under this law may assert a civil action for injunctive relief in an appropriate court against the entity or agency that allegedly commits such violation.

•Preemption. The bill specifies that nothing in the provisions described above should be construed to preempt any other provision of state law, federal law or the U.S. or Wisconsin Constitutions that prohibits or restricts the expenditure of state funds in or by religious organizations.

Inmate rehabilitation

DOC provides various services to inmates. Currently, inmate rehabilitation programs operated within Wisconsin prisons are either operated by DOC staff or are purchased from other providers.

The bill authorizes DOC to permit one or more nonprofit community-based organizations to operate an inmate rehabilitation program in the Milwaukee alcohol and other drug abuse (AODA) treatment facility which is scheduled to commence operations in January 2001, if:

• The organization meets all the requirements set forth in the bill.

• DOC determines that operation of the program does not constitute a threat to the security of the facility or to the safety of inmates or the public.

• DOC determines that operation of the program is in the best interests of the inmates.

An organization that wants to operate an inmate rehabilitation program in the facility must submit to DOC a detailed proposal for the operation of a program that includes all of the following:

• A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.

• A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.

• A description of the qualifications of the individuals providing services to inmates.

• A statement of the organization's policies regarding eligibility of inmates to participate in the program.

• A statement of the goals of the program.

• A description of the methods by which the organization will evaluate the effectiveness of the program in attaining its goals.

• Any other information specified by DOC.

To be eligible to operate a rehabilitation program in the facility, an organization must agree in writing to all of the following:

• The organization may not receive compensation from DOC for services provided in the rehabilitation program.

• The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief. (The organization may suspend or terminate an inmate's participation in a program for reasons unrelated to religious beliefs, including the inmate's failure to participate meaningfully in the program.)

• An inmate may withdraw from participation in the program at any time.

• Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the area in which the organization is providing such services.

The bill provides that DOC must establish policies that provide reasonable access to inmates by an organization operating an inmate rehabilitation program established under the bill.

The bill requires DOC to designate a specific portion of the facility for operation of the program. To the extent possible, inmates participating in the program must be housed in the portion of the facility in which the program is operated.

The bill provides that DOC may not require an inmate to participate in an inmate rehabilitation program established under the bill. Further, DOC may not base any decision regarding an inmate's conditions of confinement, including discipline or an inmate's eligibility for release, on an inmate's participation or nonparticipation in an inmate rehabilitation program established under the bill. The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement and work assignments, must be substantially the same for inmates who participate in a program and those who do not.

The bill provides that DOC may restrict an inmate's participation in an inmate rehabilitation program established under the bill only if the restriction is necessary for the security of the facility or the safety of the inmates or the public.

The bill authorizes DOC to suspend or terminate operation of an inmate rehabilitation program established under the bill if the organization operating the program fails to comply with any of the requirements set forth in the bill and requires DOC to suspend or terminate the program if DOC determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or that suspension or termination of the program is in the best interests of the inmates.

The bill requires DOC to evaluate, or contract with a private or public agency for an evaluation of, the effectiveness of the program in reducing recidivism and alcohol and other drug abuse. The bill requires DOC to collect the data and information necessary to evaluate the program and to submit a report on the evaluation to the governor and the appropriate standing committees of the legislature.

Under current law, the parole commission may deny presumptive mandatory release to an inmate on the grounds that the inmate has refused to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate. The bill specifies that the parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in an inmate rehabilitation program established under the bill.

The bill provides that the provisions described above expire two years after an inmate rehabilitation program established under the bill begins operation.

Establishment of the office of government-sectarian facilitation

The bill creates a temporary office of government-sectarian facilitation in the DOA. The office is headed by an official titled "the facilitator" and is to operate for three years (from November 1, 1999, to November 1, 2002).

The facilitator is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The facilitator may not be a member of the board of directors, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for funding to provide government services under the bill. In addition, the facilitator must have experience relevant to the operation of nonprofit organizations or state or local government and must have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations.

The bill appropriates $57,600 GPR in 1999-00 and $67,400 GPR in 2000-01 for the office of government-sectarian facilitation and increases by 1.0 the full-time equivalent (FTE) authorized project positions for DOA.

The office of government-sectarian facilitation is required to: (1) assist in the implementation of state and federal laws regarding nondiscrimination against religious organizations; and (2) facilitate interaction between faith-based organizations and state and local government. Specifically, the office must do all of the following:

• Provide information on laws regarding nondiscrimination against faith–based organizations.

• Assist government agencies in utilizing the services of faith–based organizations in the provision of governmental services.

• Assist faith–based organizations in their efforts to participate in the provision of governmental services.

• Compile and provide to the public information on governmental services available through faith–based organizations.

• Monitor compliance, by faith-based organizations that it assists, with laws that provide that: (1) a religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by a state agency or a county on the basis of religion, a religious belief or refusal to actively participate in a religious practice; and (2) no funds provided directly to religious organizations by the state or a county may be expended for sectarian worship, instruction or proselytization.

• Conduct an evaluation of the extent to which state and local governments are utilizing the services of faith-based organizations in the provision of governmental services, including the extent to which faith-based organizations comply with the laws discussed above. The office must also develop recommendations to increase government utilization of the services of faith-based organizations.

The bill requires the office to submit a report of the evaluation and recommendations to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and president of the senate under s. 13.172 (3), and the governor no later than October 1, 2002.

Establishment of a neighborhood organization incubator grant program

Currently, neighborhood organizations may be motivated to provide services to neighborhood residents directed at community concerns such as the need for after-school recreation for children; prevention and counseling services relating to child abuse, domestic abuse and alcohol and other drug problems; diversion of youth from gang activities; crime prevention; and inmate and ex-offender rehabilitation or aftercare. However, many of these organizations do not have the time, resources or technical expertise to gain access to sources of funding that may enable them to address these concerns.

The bill authorizes DHFS to award a grant to a community-based public or private, nonprofit organization ("an agency") upon submission of an application containing a plan detailing the proposed use of the grant.

A grant recipient is required to do all of the following:

• Provide information to neighborhood organizations about sources of public and private funding.

• Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

• Act as a liaison between the neighborhood organizations and the public and private funding sources.

• Provide appropriate training and professional development services to members of neighborhood organizations.

• Engage in outreach efforts to inform neighborhood organizations of the services available from the agency.

• Undertake other activities to facilitate the effectiveness and development of neighborhood organizations.

The agency receiving a grant is required to submit to DHFS, within 90 days after spending the entire grant, a report detailing the use of the grant proceeds.

Distribution of AODA funding

Currently, DHFS and DOC administer various programs that provide funding for AODA intervention and treatment services.

The bill requires DHFS and DOC to do all of the following:

• Develop one or more methods to evaluate the effectiveness of AODA intervention and treatment services and develop performance standards regarding those services.

• Adopt policies to ensure that, to the extent possible under state and federal law, all funding for AODA intervention and treatment services they administer is distributed based on the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

• Require every application for funding for AODA intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

• Require every recipient of DHFS or DOC funding for AODA services to provide to DHFS or DOC information necessary to evaluate the effectiveness of the services provided.

AB533, s. 1 Section 1. 15.01 (6) of the statutes is amended to read:

AB533,7,12 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance and the office of government-sectarian facilitation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

Note: See the Note to Section 5.

AB533, s. 2 Section 2. 15.02 (3) (c) 1. of the statutes is amended to read:

AB533,8,8 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance and the office of government-sectarian facilitation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance and the facilitator heading the office of government-sectarian facilitation in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.

Note: See the Note to Section 5.

AB533, s. 3 Section 3. 15.105 (title) of the statutes is amended to read:

AB533,8,10 15.105 (title) Same; attached boards, commissions and office offices.

AB533, s. 4 Section 4 . 15.105 (26) of the statutes is created to read:

AB533,8,23 15.105 (26) Office of government-sectarian facilitation. There is created an office of government-sectarian facilitation, headed by the facilitator, which is attached to the department of administration under s. 15.03. The facilitator shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The facilitator may not be a member of the board of directors of, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for contracts or grants under s. 59.54 (27) or 301.065. The facilitator shall have experience relevant to the operation of nonprofit organizations or state or local government and shall have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations. This subsection does not apply after November 1, 2002.

Note: For an explanation of this provision, see the Note to Section 5 .

AB533, s. 5 Section 5 . 16.25 of the statutes is created to read:

AB533,9,6 16.25 Office of government-sectarian facilitation. (1) The office of government-sectarian facilitation shall do all of the following to assist in the implementation of federal and state laws regarding nondiscrimination against religious organizations in the provision of government services and to facilitate interaction between faith-based organizations and state and local governments:

AB533,9,9 (a) Provide information to state and local governments and other interested persons about laws regarding nondiscrimination against faith-based organizations in the provision of government services.

AB533,9,11 (b) Assist state and local governments in using the services of faith-based organizations in the provision of government services.

AB533,9,13 (c) Assist faith-based organizations in their efforts to participate in the provision of government services.

AB533,9,15 (d) Compile and provide to the public information on state and local government services available through faith-based organizations.

AB533,9,17 (e) Monitor compliance with ss. 46.027 (6) and (9), 49.114 (6) and (9), 59.54 (27) (g) and (j) and 301.065 (6) and (9) by faith-based organizations that it assists.

AB533,9,19 (2) The office of government-sectarian facilitation shall also do all of the following:

AB533,9,23 (a) Conduct an evaluation of the extent to which state and local governments utilize the services of faith-based organizations in providing government services and the extent to which faith-based organizations comply with the statutes listed in sub. (1) (e).

AB533,9,25 (b) Develop recommendations to increase state and local government utilization of services of faith-based organizations.

AB533,10,4 (c) Submit a report containing its evaluation and recommendations to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), no later than October 1, 2002.

AB533,10,5 (3) This section does not apply after November 1, 2002.