LRB-5264/1
MLJ/EAW/CMH:all
2017 - 2018 LEGISLATURE
January 31, 2018 - Introduced by Representatives Nygren, Snyder, Duchow,
Rodriguez, Novak, Petryk, Rohrkaste, Pronschinske, Zimmerman, Tusler,
VanderMeer, Horlacher, Krug, Petersen, E. Brooks, Edming, Ballweg,
Spiros, Tittl, Tranel, Knodl, Born, Skowronski, Jagler, Kitchens,
Sanfelippo, Kolste, Billings, Genrich, Kulp and Mursau, cosponsored by
Senators Vukmir, Moulton, Marklein, Wanggaard, Feyen, Testin and
Bewley. Referred to Joint Committee on Finance.
AB906,1,8 1An Act to amend 48.546 (2); and to create 20.435 (5) (bd), 20.437 (1) (bf), 20.455
2(2) (cm), 46.47, 48.545 (2) (c), 49.175 (1) (o), 165.25 (11), 165.984 and 961.473
3of the statutes; relating to: creating a law enforcement agency drug trafficking
4response grant program; positions to assist in prosecuting drug-related
5offenses; evidence-based programs for substance abuse prevention services for
6at-risk youth; victim impact panels; funding for family treatment courts;
7grants for county jails to provide nonnarcotic treatment before offender
8reentry; and making appropriations.
Analysis by the Legislative Reference Bureau
This bill creates grant programs related to drug trafficking, evidence-based
substance abuse prevention, juvenile and family treatment courts, and drug
treatment for inmates of county jails. The bill creates two attorney positions in the
Department of Justice to assist the division of criminal investigation in the field
offices of Wausau and Appleton and to assist district attorneys in the prosecution of
drug-related offenses. The bill also allows a court to order a person who is found
guilty of a violation of the Uniform Controlled Substances Act to attend a victim
impact panel or similar program as a part of his or her sentence.
This bill appropriates a total of $2,750,000 of general purpose revenue (GPR)
and allocates $500,000 of federal block grant money in the 2017-19 biennium to the

grant programs that are established under the bill. The bill appropriates $1,000,000
of GPR to DOJ for grants to Wisconsin law enforcement agencies to establish new
programs related to drug trafficking response, $1,500,000 of GPR for the
Department of Health Services to award grants to counties to provide nonnarcotic
drug treatment to inmates of county jails, and $250,000 of GPR for the Department
of Children and Families to award grants to counties or Indian tribes to establish and
operate juvenile and family treatment courts. The bill allocates $500,000 of federal
money received under the Temporary Assistance for Needy Families block grant
program to the Brighter Futures initiative through DCF to provide grants for new
evidence-based substance abuse prevention programs.
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:
AB906,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB906,2
1Section 2. 20.435 (5) (bd) of the statutes is created to read:
AB906,3,32 20.435 (5) (bd) Nonnarcotic drug treatment grants. Biennially, the amounts in
3the schedule to provide grants to counties under s. 46.47 (1).
AB906,3 4Section 3. 20.437 (1) (bf) of the statutes is created to read:
AB906,3,65 20.437 (1) (bf) Family treatment court grants. The amounts in the schedule for
6family treatment court grants under s. 48.546.
AB906,4 7Section 4. 20.455 (2) (cm) of the statutes is created to read:
AB906,3,108 20.455 (2) (cm) Law enforcement agency drug trafficking response grants.
9Biennially, the amounts in the schedule to provide grants for Wisconsin law
10enforcement agency drug trafficking response under s. 165.984.
AB906,5 11Section 5. 46.47 of the statutes is created to read:
AB906,3,15 1246.47 Grants for nonnarcotic drug treatment in county jails. (1) From
13the appropriation account under 20.435 (5) (bd), the department shall award grants
14to provide nonnarcotic drug treatment as provided in sub. (2) to counties that meet
15all of the following criteria:
AB906,3,1616 (a) The county has a county jail.
AB906,3,1717 (b) The county has an established drug court, as defined in s. 165.955 (1).
AB906,3,1818 (c) The county provides care coordination for inmates exiting county jail.
AB906,3,2119 (d) The county has identified how it will use care coordination to ensure that
20all program participants are enrolled in Medical Assistance under subch. IV of ch.
2149 and will continue to receive treatment after an inmate leaves county jail custody.
AB906,3,25 22(2) Grant funds awarded under sub. (1) may be used only to provide
23nonnarcotic, non-addictive, injectable medically assisted treatment to inmates of
24county jails who voluntarily receive the treatment within the 5 days immediately
25preceding release from county jail into the community.
AB906,4,3
1(3) The department shall provide application procedures for awarding grants
2to counties under sub. (1) in accordance with the department's request-for-proposal
3procedures.
AB906,6 4Section 6. 48.545 (2) (c) of the statutes is created to read:
AB906,4,85 48.545 (2) (c) 1. Beginning in fiscal year 2018-19, the department shall
6distribute $500,000 in grants in each fiscal year for programs to provide
7evidence-based programs and practices for substance abuse prevention to at-risk
8youth and their families.
AB906,4,129 2. Grants under this paragraph may be made to applying nonprofit
10corporations or public agencies in a county with a population of 750,000 or more, or
11county departments under s. 46.22, 46.23, 51.42, or 51.437 in counties other than a
12county having a population of 750,000 or more.
AB906,4,1513 3. The department may not award a grant under this paragraph in a county
14where the services described under subd. 1. were offered in the preceding fiscal year
15unless those services were previously funded by a grant under this paragraph.
AB906,7 16Section 7 . 48.546 (2) of the statutes, as created by 2017 Wisconsin Act ....
17(Assembly Bill 481), is amended to read:
AB906,4,2118 48.546 (2) The department may make the grants for the programs specified in
19sub. (1) within the availability of funding under s. 20.437 (1) (nL) (bf). The
20department shall collaborate with the department of health services and the director
21of state courts in establishing the grant program under this section.
AB906,8 22Section 8. 49.175 (1) (o) of the statutes is created to read:
AB906,4,2423 49.175 (1) (o) Evidence-based substance abuse prevention grants. For grants
24awarded under s. 48.545 (2) (c), $500,000 in fiscal year 2018-19.
AB906,9 25Section 9. 165.25 (11) of the statutes is created to read:
AB906,5,7
1165.25 (11) Report on field prosecutor positions. The department of justice
2shall submit an annual report to the joint committee on finance regarding the field
3prosecutor attorney positions created under 2017 Wisconsin Act .... (this act), section
413. The report shall describe the activities and assess the effectiveness of the
5attorneys in assisting the division of criminal investigation in the field offices of
6Wausau and Appleton and in assisting district attorneys in the prosecution of
7drug-related offenses.
AB906,10 8Section 10. 165.984 of the statutes is created to read:
AB906,5,15 9165.984 Law enforcement drug trafficking response grants. (1) In this
10section, “Wisconsin law enforcement agency" means a governmental unit of one or
11more persons employed full time by this state or a political subdivision of this state
12for the purpose of preventing and detecting crime and enforcing state laws or local
13ordinances, employees of which unit are authorized to make arrests for crimes while
14acting within the scope of their authority, and includes a task force administered by
15the department of justice that exists to respond to drug crimes.
AB906,5,20 16(2) The department of justice shall establish policies and procedures for the
17distribution of grants from the appropriation under s. 20.455 (2) (cm) to Wisconsin
18law enforcement agencies to fund law enforcement response to drug trafficking.
19Notwithstanding s. 227.10 (1), the department need not promulgate the required
20policies and procedures as rules under ch. 227.
AB906,6,2 21(3) A Wisconsin law enforcement agency may apply to the department of justice
22for a grant under this section and shall include a proposed plan of expenditure of the
23grant money. The proposed plan of expenditure must specify a new program or
24purpose for which the funds will be used. If the proposed plan of expenditure will
25result in the agency incurring an ongoing expense that will continue after all grant

1funds have been spent, the plan shall include a description of how that expense will
2be met when there are no remaining grant funds.
AB906,6,7 3(4) The department of justice shall review each application and plan and may
4provide grants to an eligible Wisconsin law enforcement agency of not more than
5$50,000 per application and plan and not more than $100,000 per agency. A grant
6may be provided only to fund a new program or purpose within the agency and may
7not be provided to supplement an existing program.
AB906,6,12 8(5) A Wisconsin law enforcement agency receiving a grant under this section
9may use the grant to fund extra training for law enforcement officers, the hiring of
10additional officers to investigate drug trafficking, or any other purpose that is
11directly related to drug trafficking response and that is not an existing program
12within the agency at the time the grant is received.
AB906,11 13Section 11. 961.473 of the statutes is created to read:
AB906,6,20 14961.473 Victim impact panels. If a person pleads guilty to or is found guilty
15of a violation of this chapter, the court may order the person to attend a program, such
16as a victim impact panel, that demonstrates the adverse effects of substance abuse
17on an individual or an individual's family in addition to any forfeiture or penalty
18imposed. The court may order the defendant to pay a reasonable fee, based on the
19person's ability to pay, to offset the costs of assembling and holding the program
20ordered under this section.
AB906,12 21Section 12 . Nonstatutory provisions.
AB906,6,24 22(1) Reconciliation provision. If 2017 Wisconsin Act .... (Assembly Bill 481) is
23not enacted into law in the 2017 legislative session, then the treatment of sections
2420.437 (1) (bf) and 48.546 (2) of the statutes by this act is void.
AB906,13 25Section 13 . Fiscal changes.
AB906,7,13
1(1) Field prosecutor positions; drug-related offenses. In the schedule under
2section 20.005 (3) of the statutes for the appropriation to the department of justice
3under section 20.455 (1) (a) of the statutes, the dollar amount for fiscal year 2017-18
4is increased by $300,000 to increase the authorized positions for the department by
52.0 GPR attorney project positions to assist the division of criminal investigation in
6the field offices of Wausau and Appleton and to assist district attorneys in
7prosecuting drug-related offenses. In the schedule under section 20.005 (3) of the
8statutes for the appropriation to the department of justice under section 20.455 (1)
9(a) of the statutes, the dollar amount for fiscal year 2018-19 is increased by $300,000
10to provide funding for the positions authorized under this subsection.
11Notwithstanding section 230.27 (1) of the statutes, the project position authorized
12under this subsection shall terminate 5 years from the effective date of this
13subsection.
AB906,14 14Section 14. Effective dates. This act takes effect on the day after publication,
15except as follows:
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