LRB-1920/1
CMH:wlj
2017 - 2018 LEGISLATURE
March 2, 2017 - Introduced by Joint Legislative Council. Referred to Committee
on Corrections.
AB112,1,6 1An Act to renumber 165.95 (1) (a) and (b); to amend 20.455 (2) (em), 20.455 (2)
2(kn), 20.455 (2) (kr), 20.455 (2) (kv), 165.95 (1) (intro.), 165.95 (2), 165.95 (2r),
3165.95 (3) (intro.), 165.95 (3) (a), 165.95 (3) (j), 165.95 (3) (k), 165.95 (4), 165.95
4(5) (a), 165.95 (5) (b), 165.95 (5) (bg), 165.95 (6), 165.95 (7), 165.95 (7m), 165.95
5(8) and 165.95 (9); and to create 165.95 (1) (ag) of the statutes; relating to:
6grants for treatment and diversion programs.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: Under this bill, grants that the
Department of Justice provides to counties for programs that offer alternatives to
prosecution and incarceration for persons who use alcohol or other drugs may also be
provided to tribes for the same purpose.
AB112,1 7Section 1. 20.455 (2) (em) of the statutes is amended to read:
AB112,2,3
120.455 (2) (em) Alternatives to prosecution and incarceration for persons who
2use alcohol or other drugs; presentencing assessments.
The amounts in the schedule
3for making grants to counties and tribes under s. 165.95 (2).
AB112,2 4Section 2. 20.455 (2) (kn) of the statutes is amended to read:
AB112,2,115 20.455 (2) (kn) Alternatives to prosecution and incarceration for persons who
6use alcohol or other drugs; justice information fee.
The amounts in the schedule for
7administering and making grants to counties and tribes under s. 165.95 (2). All
8moneys transferred from the appropriation account under s. 20.505 (1) (id) 5. shall
9be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the
10unencumbered balance on June 30 of each year shall be transferred to the
11appropriation account under s. 20.505 (1) (id).
AB112,3 12Section 3. 20.455 (2) (kr) of the statutes is amended to read:
AB112,2,1513 20.455 (2) (kr) Alternatives to prosecution and incarceration for persons who
14use alcohol or other drugs; grants.
All moneys transferred under 2015 Wisconsin Act
15388
, section 5 (1) for making grants to counties and tribes under s. 165.95 (2).
AB112,4 16Section 4. 20.455 (2) (kv) of the statutes is amended to read:
AB112,2,1917 20.455 (2) (kv) Grants for substance abuse treatment programs for criminal
18offenders.
All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose
19of making grants to counties and tribes under s. 165.95 (2).
AB112,5 20Section 5. 165.95 (1) (intro.) of the statutes is amended to read:
AB112,2,2121 165.95 (1) (intro.) In this section, “violent offender":
AB112,2,22 22(bg) “Violent offender" means a person to whom one of the following applies:
AB112,6 23Section 6. 165.95 (1) (a) and (b) of the statutes are renumbered 165.95 (1) (bg)
241. and 2.
AB112,7 25Section 7. 165.95 (1) (ag) of the statutes is created to read:
AB112,3,1
1165.95 (1) (ag) “Tribe" has the meaning given in s. 165.91 (1).
AB112,8 2Section 8. 165.95 (2) of the statutes is amended to read:
AB112,3,103 165.95 (2) The department of justice shall make grants to counties and to tribes
4to enable them to establish and operate programs, including suspended and deferred
5prosecution programs and programs based on principles of restorative justice, that
6provide alternatives to prosecution and incarceration for criminal offenders who
7abuse alcohol or other drugs. The department of justice shall make the grants from
8the appropriations under s. 20.455 (2) (em), (kn), and (kv). The department of justice
9shall collaborate with the departments of corrections and health and family services
10in establishing this grant program.
AB112,9 11Section 9. 165.95 (2r) of the statutes is amended to read:
AB112,3,1412 165.95 (2r) Any county or tribe that receives a grant under this section on or
13after January 1, 2012, shall provide matching funds that are equal to 25 percent of
14the amount of the grant.
AB112,10 15Section 10. 165.95 (3) (intro.) of the statutes is amended to read:
AB112,3,1716 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2)
17if all of the following apply:
AB112,11 18Section 11. 165.95 (3) (a) of the statutes is amended to read:
AB112,3,2219 165.95 (3) (a) The county's or tribe's program is designed to meet the needs of
20a person who abuses alcohol or other drugs and who may be or has been charged with
21or who has been convicted of a crime in that county related to the person's use or
22abuse of alcohol or other drugs.
AB112,12 23Section 12. 165.95 (3) (j) of the statutes is amended to read:
AB112,4,624 165.95 (3) (j) The program is developed with input from, and implemented in
25collaboration with, one or more circuit court judges, the district attorney, the state

1public defender, local and, if applicable, tribal law enforcement officials, county
2agencies and, if applicable, tribal agencies responsible for providing social services,
3including services relating to alcohol and other drug addiction, child welfare, mental
4health, and the Wisconsin Works program, the departments of corrections, children
5and families, and health services, private social services agencies, and substance
6abuse treatment providers.
AB112,13 7Section 13. 165.95 (3) (k) of the statutes is amended to read:
AB112,4,108 165.95 (3) (k) The county or tribe complies with other eligibility requirements
9established by the department of justice to promote the objectives listed in pars. (a)
10and (b).
AB112,14 11Section 14. 165.95 (4) of the statutes is amended to read:
AB112,4,1412 165.95 (4) In implementing a program that meets the requirements of sub. (3),
13a tribe or a county department may contract with or award grants to a religious
14organization under s. 59.54 (27).
AB112,15 15Section 15. 165.95 (5) (a) of the statutes is amended to read:
AB112,5,216 165.95 (5) (a) A county or tribe that receives a grant under this section shall
17create an oversight committee to advise the county or tribe in administering and
18evaluating its program. Each committee shall consist of a circuit court judge, the
19district attorney or his or her designee, the state public defender or his or her
20designee, a local law enforcement official, a representative of the county, a
21representative of the tribe, if applicable,
a representative of each other county agency
22and, if applicable, tribal
agency responsible for providing social services, including
23services relating to child welfare, mental health, and the Wisconsin Works program,
24representatives of the departments of corrections and health and family services, a
25representative from private social services agencies, a representative of substance

1abuse treatment providers, and other members to be determined by the county or
2tribe
.
AB112,16 3Section 16. 165.95 (5) (b) of the statutes is amended to read:
AB112,5,84 165.95 (5) (b) A county or tribe that receives a grant under this section shall
5comply with state audits and shall submit an annual report to the department of
6justice and to the oversight committee created under par. (a) regarding the impact
7of the program on jail and prison populations and its progress in attaining the goals
8specified in sub. (3) (b) and (f).
AB112,17 9Section 17. 165.95 (5) (bg) of the statutes is amended to read:
AB112,5,1410 165.95 (5) (bg) A county or tribe that receives a grant under this section shall
11submit data requested by the department of justice to the department of justice each
12month. The department of justice may request any data regarding the project funded
13by the grant that is necessary to evaluate the project and prepare the reports under
14sub. (5p).
AB112,18 15Section 18. 165.95 (6) of the statutes is amended to read:
AB112,5,2216 165.95 (6) Two or more counties A county or tribe may, with one or more other
17counties or tribes,
jointly apply for and receive a grant under this section. If counties
18submit
Upon submitting a joint application, they each county or tribe shall include
19with their the application a written agreement specifying each tribe's and each
20county department's role in developing, administering, and evaluating the program.
21The oversight committee established under sub. (5) (a) shall consist of
22representatives from each county or tribe.
AB112,19 23Section 19. 165.95 (7) of the statutes is amended to read:
AB112,6,324 165.95 (7) Grants provided under this section shall be provided on a calendar
25year basis beginning on January 1, 2007. If the department of justice decides to make

1a grant to a county or tribe under this section, the department of justice shall notify
2the county or tribe of its decision and the amount of the grant no later than
3September 1 of the year preceding the year for which the grant will be made.
AB112,20 4Section 20. 165.95 (7m) of the statutes is amended to read:
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