2013 - 2014 LEGISLATURE
October 18, 2013 - Introduced by Representatives Tittl, Petryk, Krug, Jagler,
Severson, Sanfelippo, Kolste, Schraa, Kestell, Steineke, Murphy,
Marklein, Czaja, Pasch, Kaufert, Brooks, Bies, Tranel, Ballweg, Hebl,
Wachs, Endsley, Wright, Bernier, Hesselbein, A. Ott, Richards, LeMahieu,
Bernard Schaber, Danou, Bewley, Zepnick, Billings, Hintz, Hulsey and
Jorgensen, cosponsored by Senators Leibham,
Harsdorf, Miller, Harris,
Schultz, Moulton, Olsen, Risser, L. Taylor, Hansen, Lassa, Darling and
Wirch. Referred to Committee on Criminal Justice.
1An Act to renumber and amend
165.95 (3) (a); to amend
20.455 (2) (em) (title), 2
20.455 (2) (kn) (title), 20.455 (2) (kv) (title), 165.95 (2), 165.95 (3) (d), 165.95 (3) 3
(e), 165.95 (3) (g), 165.95 (3) (h) and 165.95 (5) (a); and to create
165.95 (3) (a) 4
2. and 165.95 (6m) of the statutes;
relating to: providing grants to counties
5that offer treatment and diversion programs to people with mental illnesses
6and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Justice (DOJ) provides grants to counties
that have established qualifying treatment and diversion (TAD) programs for
persons who are or may be charged with, or who are convicted of, offenses related to
the person's use or abuse of alcohol or other drugs. TAD programs are intended to
offer alternatives to prosecution or incarceration for offenders with substance abuse
problems in order to reduce recidivism, promote public safety, and reduce prison and
In order to qualify, a county's program must meet certain criteria, including
offering treatment for the offender's substance abuse, and coordinating with other
specialists, including mental health treatment providers, social services providers,
and case workers in order to provide intensive case management. Each qualifying
program must be developed in collaboration with representatives from the judicial
system, law enforcement and corrections, social and welfare service providers, and
mental health and substance abuse treatment providers. Further, each county that
receives a TAD grant creates an oversight committee with representatives from
those agencies or services to administer and evaluate the program. A qualifying TAD
program is subject to state audits and each county that receives a TAD grant must
submit an annual report to DOJ and to the oversight committee that details its
progress in promoting public safety, reducing recidivism and lowering costs, and
meeting the treatment and other needs of program participants.
Under this bill, a county may receive a TAD grant for a program that treats
persons who have a diagnosed mental illness and who are or may be charged with,
or who are convicted of, offenses related to the person's mental illness. Under the bill,
the same qualifying, auditing, oversight, and other standards that apply to TAD
programs for offenders with substance abuse problems also apply to TAD programs
for offenders who are diagnosed with a mental illness. The bill increases funding for
TAD grants and directs DOJ to allocate the increased amount to providing grants to
counties with TAD programs that address the needs of persons with mental illness.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(em) (title) Alternatives to prosecution and incarceration for persons
4with mental illness or who use alcohol or other drugs; presentencing assessments.
(kn) (title) Alternatives to prosecution and incarceration for persons
8with mental illness or who use alcohol or other drugs; justice information fee.
(kv) (title) Grants for substance abuse or mental illness treatment
12programs for criminal offenders.
The department of justice shall make grants to counties to enable 4
them to establish and operate programs, including suspended and deferred 5
prosecution programs and programs based on principles of restorative justice, that 6
provide alternatives to prosecution and incarceration for criminal offenders who are
7diagnosed with a mental illness or who
abuse alcohol or other drugs. The department 8
of justice shall make the grants from the appropriations under s. 20.455 (2) (em), 9
(kn), and (kv). The department of justice shall collaborate with the departments of 10
corrections and health and family services in establishing this grant program.
165.95 (3) (a) of the statutes, as affected by 2013 Wisconsin Act 20
is renumbered 165.95 (3) (a) (intro.) and amended to read:
(a) (intro.) The county's program is designed to meet the needs of a 14
person who meets one of the following criteria:
151. He or she
abuses alcohol or other drugs and who
may be or has been charged 16
with or who has been
convicted of a crime in that county related to the person's his
use or abuse of alcohol or other drugs.
165.95 (3) (a) 2. of the statutes is created to read:
(a) 2. He or she has been diagnosed with a mental illness and may 20
be or has been charged with or convicted of a crime in that county related to his or 21
her mental illness.
(d) Services provided under the program are consistent with 25
evidence-based practices in substance abuse and or
mental health treatment, as
determined by the department of health services, and the program provides 2
intensive case management.
(e) The If the program meets the criteria set forth in par. (a) 1., the 6
program uses graduated sanctions and incentives to promote successful substance 7
(g) The program is designed to integrate all mental health services 11
provided to program participants by state and local government agencies and other 12
organizations. The program shall require regular communication among a 13
participant's substance abuse treatment providers, if applicable,
other service 14
providers, the case manager, and any person designated under the program to 15
monitor the person's compliance with his or her obligations under the program and 16
any probation, extended supervision, and parole agent assigned to the participant.
(h) The program provides substance abuse
mental health 20
treatment services through providers that are certified by the department of health 21
(a) A county that receives a grant under this section shall create an 25
oversight committee to advise the county in administering and evaluating its
program. Each committee shall consist of a circuit court judge, the district attorney 2
or his or her designee, the state public defender or his or her designee, a local law 3
enforcement official, a representative of the county, a representative of each other 4
county agency responsible for providing social services, including services relating 5
to child welfare, mental health, and the Wisconsin Works program, representatives 6
of the departments of corrections and health and family services, a representative 7
from private social services agencies, a representative of substance abuse treatment 8
providers if the program meets the criteria set forth in sub. (3) (a) 1.
, and other 9
members to be determined by the county.
165.95 (6m) of the statutes is created to read:
From the appropriation under s. 20.455 (2) (em), the department 12
shall allocate at least $750,000 to grants for counties with programs that meet the 13
needs of persons who meet the criteria set forth in sub. (3) (a) 2.
(1) Treatment and diversion programs.
In the schedule under section 20.005 16
(3) of the statutes for the appropriation to the department of justice under section 17
20.455 (2) (em) of the statutes, as affected by the acts of 2013, the dollar amount is 18
increased by $750,000 for the first fiscal year of the fiscal biennium in which this 19
subsection takes effect to provide grants for counties that establish alternatives to 20
prosecution and incarceration for persons with mental illnesses.