AB533,19,3
1(2) Program requirements. (a) An organization seeking to operate a
2rehabilitation program under sub. (1) shall submit to the department a detailed
3proposal for the operation of the program which includes all of the following:
AB533,19,54 1. A description of the services to be provided, including aftercare services, and
5a description of the geographic area in which aftercare services will be provided.
AB533,19,76 2. A description of the activities to be undertaken and the approximate daily
7schedule of programming for inmates participating in the program.
AB533,19,88 3. A statement of the qualifications of the individuals providing services.
AB533,19,109 4. A statement of the organization's policies regarding eligibility of inmates to
10participate in the program.
AB533,19,1111 5. A statement of the goals of the program.
AB533,19,1312 6. A description of the methods by which the organization will evaluate the
13effectiveness of the program in attaining the goals under subd. 5.
AB533,19,1414 7. Any other information specified by the department.
AB533,19,1615 (b) An organization seeking to operate a rehabilitation program under sub. (1)
16shall agree in writing to all of the following:
AB533,19,1817 1. The organization may not receive compensation from the department for
18services provided in the rehabilitation program.
AB533,19,2019 2. The organization may not deny an inmate the opportunity to participate in
20the program for any reason related to the inmate's religious beliefs or nonbelief.
AB533,19,2121 3. An inmate may withdraw from participation in the program at any time.
AB533,19,2422 4. Upon the inmate's release, the organization shall provide community-based
23aftercare services for each inmate who completes the program and who resides in the
24geographic area described in par. (a) 1.
AB533,20,3
1(3) Duties and authority of the department. (a) The department shall
2establish policies that provide reasonable access to inmates by an organization
3operating a rehabilitation program under sub. (1).
AB533,20,74 (b) The department shall designate a specific portion of the facility for
5operation of a rehabilitation program, if one is established, under sub. (1). To the
6extent possible, inmates participating in the program shall be housed in the portion
7of the facility in which the program is operated.
AB533,20,98 (c) The department may not require an inmate to participate in a rehabilitation
9program under sub. (1).
AB533,20,1310 (d) The department may not base any decision regarding an inmate's conditions
11of confinement, including discipline, or an inmate's eligibility for release, on an
12inmate's decision to participate or not to participate in a rehabilitation program
13under sub. (1).
AB533,20,1714 (e) The treatment of inmates, including the provision of housing, activities in
15which an inmate may participate, freedom of movement and work assignments, shall
16be substantially the same for inmates who participate in a rehabilitation program
17under sub. (1) and inmates who do not participate in such a program.
AB533,20,2018 (f) The department may restrict an inmate's participation in a rehabilitation
19program under sub. (1) only if the restriction is necessary for the security of the
20facility or the safety of the inmates or the public.
AB533,21,221 (g) The department may suspend or terminate operation of a rehabilitation
22program under sub. (1) if an organization operating the program fails to comply with
23any of the requirements under this section and shall suspend or terminate the
24operation of a program if the department determines that suspension or termination

1of the program is necessary for the security of the facility or the safety of the inmates
2or the public or is in the best interests of the inmates.
AB533,21,11 3(4) Evaluation. The department shall evaluate or contract with a public or
4private agency for an evaluation of the effectiveness of a rehabilitation program
5operated under sub. (1) in reducing recidivism and alcohol and other drug abuse
6among program participants. The department shall collect the data and information
7necessary to evaluate the program. No later than 3 years from the date of the notice
8published under 1999 Wisconsin Act .... (this act), section 24, the department shall
9submit a report of the evaluation to the governor and to the appropriate standing
10committees of the legislature, as determined by the speaker of the assembly and the
11president of the senate, under s. 13.172 (3).
AB533,21,16 12(5) Suspension or termination of an inmate's participation. Notwithstanding
13sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may
14suspend or terminate an inmate's participation in a program for reasons unrelated
15to religious beliefs, including the inmate's failure to participate meaningfully in the
16program.
Note: This Section authorizes DOC to permit one or more community-based
organizations to operate an inmate rehabilitation program in the Milwaukee AODA
treatment facility, if specified requirements are met.
AB533, s. 17 17Section 17 . 301.047 of the statutes, as created by 1999 Wisconsin Act .... (this
18act), is repealed.
Note: This Section and Sections 25 and 28 (1 ) sunset the inmate rehabilitation
program under Section 16 two years after any such program begins operation.
AB533, s. 18 19Section 18. 301.065 of the statutes is created to read:
AB533,22,5 20301.065 Religious organizations; contract powers. (1) Religious
21organizations; legislative purpose.
The purpose of this section is to allow the
22department to contract with, or award grants to, religious organizations, under any

1program administered by the department relating to the prevention of delinquency
2and crime or the rehabilitation of offenders, on the same basis as any other
3nongovernmental provider without impairing the religious character of such
4organizations, and without diminishing the religious freedom of beneficiaries of
5assistance funded under such program.
AB533,22,15 6(2) Nondiscrimination against religious organizations. If the department is
7authorized under ch. 16 to contract with a nongovernmental entity, or to award
8grants to a nongovernmental entity, religious organizations are eligible, on the same
9basis as any other private organization, as contractors and grantees under any
10program administered by the department so long as the programs are implemented
11consistently with the First Amendment of the U.S. Constitution and article I, section
1218, of the Wisconsin Constitution. Except as provided in sub. (10), the department
13may not discriminate against an organization that is or applies to be a contractor or
14grantee on the basis that the organization does or does not have a religious character
15or because of the specific religious nature of the organization.
AB533,22,20 16(3) Religious character and freedom. (a) The department shall allow a
17religious organization with which the department contracts or to which the
18department awards a grant to retain its independence from government, including
19the organization's control over the definition, development, practice and expression
20of its religious beliefs.
AB533,22,2321 (b) The department may not require a religious organization to alter its form
22of internal governance or to remove religious art, icons, scripture or other symbols
23in order to be eligible for a contract or grant.
AB533,23,10 24(4) Rights of beneficiaries of assistance. If the department contracts with or
25awards grants to a religious organization for the provisions of crime prevention or

1offender rehabilitation assistance under a program administered by the department,
2an individual who is eligible for this assistance shall be informed in writing that
3assistance of equal value and accessibility is available from a nonreligious provider
4upon request. If an individual has an objection to the religious character of the
5organization from which the individual receives, or would receive, assistance funded
6under any program administered by the department and requests assistance from
7a nonreligious provider, the department shall provide such individual, if otherwise
8eligible for such assistance, within a reasonable period of time after the date of the
9objection, with assistance of equal value from a nonreligious provider that is
10accessible to the individual.
AB533,23,14 11(5) Employment practices. To the extent permitted under federal law, a
12religious organization's exemption provided under 42 USC 2000e-la regarding
13employment practices is not affected by its participation in, or receipt of funds from,
14programs administered by the department.
AB533,23,18 15(6) Nondiscrimination against beneficiaries. A religious organization may not
16discriminate against an individual in regard to rendering assistance funded under
17any program administered by the department on the basis of religion, a religious
18belief or nonbelief or refusal to actively participate in a religious practice.
AB533,23,23 19(7) Fiscal accountability. (a) Except as provided in par. (b), any religious
20organization that contracts with, or receives a grant from, the department is subject
21to the same laws and rules as other contractors and grantees to account in accord
22with generally accepted auditing principles for the use of such funds provided under
23such programs.
AB533,24,3
1(b) If the religious organization segregates funds provided under programs
2administered by the department into separate accounts, only the financial
3assistance provided with those funds shall be subject to audit.
AB533,24,6 4(8) Compliance. Any party that seeks to enforce its rights under this section
5may assert a civil action for injunctive relief against the entity that allegedly
6commits the violation.
AB533,24,9 7(9) Limitations on use of funds for certain purposes. No funds provided
8directly to religious organizations by the department may be expended for sectarian
9worship, instruction or proselytization.
AB533,24,16 10(10) Certification of compliance. Every religious organization that contracts
11with, or receives a grant from, the department to provide delinquency and crime
12prevention or offender rehabilitation services to eligible recipients shall certify in
13writing that it has complied with the requirements of subs. (6) and (9) and submit
14to the department a copy of this certification and a written description of the policies
15the organization has adopted to ensure that it has complied with the requirements
16under subs. (6) and (9).
AB533,24,20 17(11) Preemption. Nothing in this section may be construed to preempt any
18provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any
19other statute that prohibits or restricts the expenditure of federal or state funds in
20or by religious organizations.
Note: This Section authorizes DOC to contract with or award grants to religious
organizations for the provision of delinquency and crime prevention or offender
rehabilitation services on the same basis as any other nongovernmental provider without
impairing the religious character of such organizations and without diminishing the
religious freedom of beneficiaries of services funded under these programs.
AB533, s. 19 21Section 19. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB533,25,7
1302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
2treatment that the social service and clinical staff of the institution determines is
3necessary for the inmate, including pharmacological treatment using an
4antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
5child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not
6deny presumptive mandatory release to an inmate because of the inmate's refusal
7to participate in a rehabilitation program under s. 301.047.
Note: This Section provides 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 in Section 16.
AB533, s. 20 8Section 20 . 302.11 (1g) (b) 2. of the statutes, as affected by 1999 Wisconsin Act
9.... (this act), is repealed and recreated to read:
AB533,25,1410 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
11treatment that the social service and clinical staff of the institution determines is
12necessary for the inmate, including pharmacological treatment using an
13antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
14child sex offender as defined in s. 304.06 (1q) (a).
Note: This Section restores statutory language to reflect the expiration of the
inmate rehabilitation program established in Section 16.
AB533, s. 21 15Section 21. 978.03 (3) of the statutes is amended to read:
AB533,25,2116 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be
17an attorney admitted to practice law in this state and, except as provided in s.
18978.044,
may perform any duty required by law to be performed by the district
19attorney. The district attorney of the prosecutorial unit under sub. (1), (1m) or (2)
20may appoint such temporary counsel as may be authorized by the department of
21administration.

Note: This Section creates an exception to the general statutory duties of assistant
district attorneys to permit the assistant district attorneys filling the project positions
created under the bill to perform exclusively restorative justice services.
AB533, s. 22 1Section 22 . 978.044 of the statutes is created to read:
AB533,26,3 2978.044 Assistants to perform restorative justice services. (1)
3Definitions. In this section:
AB533,26,44 (a) "Crime" has the meaning given in s. 950.02 (1m).
AB533,26,65 (b) "Offender" means an individual who is, or could be, charged with or
6petitioned for having committed a crime.
AB533,26,77 (c) "Victim" has the meaning given in s. 950.02 (4).
AB533,26,12 8(2) Duties. The district attorneys of Dane and Milwaukee counties and of the
9county selected under sub. (4) shall each assign one assistant district attorney in his
10or her prosecutorial unit to be a restorative justice coordinator. An assistant district
11attorney assigned under this subsection to be the restorative justice coordinator
12shall do all the following:
AB533,26,1513 (a) Establish restorative justice programming that provides a forum where an
14offender meets with his or her victim or engages in other activities to do all of the
15following:
AB533,26,1616 1. Discuss the impact of the offender's crime on the victim or on the community.
AB533,26,1817 2. Provide support to the victim and methods for reintegrating the victim into
18community life.
AB533,26,1919 3. Explore potential restorative responses by the offender.
AB533,26,2020 4. Provide methods for reintegrating the offender into community life.
AB533,26,2221 (b) Provide assistance to the district attorney in other counties relating to the
22establishment of restorative justice programming, as described in par. (a).
AB533,26,2323 (c) Maintain a record of all of the following:
AB533,27,2
11. The amount of time spent implementing the requirements of pars. (a) and
2(b).
AB533,27,43 2. The number of victims and offenders served by programming established
4under par. (a).
AB533,27,55 3. The types of offenses addressed by programming established under par. (a).
AB533,27,86 4. The rate of recidivism among offenders served by programming established
7under par. (a) compared to the rate of recidivism by offenders not served by such
8programming.
AB533,27,14 9(3) Report to department of administration. Annually, on a date specified by
10the department of administration, the district attorneys of Dane and Milwaukee
11counties and of the county selected under sub. (4) shall each submit to the
12department of administration a report summarizing the records under sub. (2) (c)
13covering the preceding 12-month period. The department of administration shall
14maintain the information submitted under this subsection by the district attorney.
AB533,27,17 15(4) The attorney general, in consultation with the department of corrections,
16shall select a county other than Dane or Milwaukee in which restorative justice
17services are to be provided under sub. (2).
AB533,27,18 18(5) Expiration. This section does not apply after June 30, 2003.
Note: This Section authorizes one assistant district attorney project position each
for Dane County, Milwaukee County and a county other than Dane or Milwaukee,
selected by the attorney general in consultation with DOC, for developing and operating
restorative justice programming in these counties and for assisting district attorneys in
other counties in the development and operation of restorative justice programming in
those counties. It also requires the assistant district attorneys in these positions to
maintain records regarding restorative justice activities and requires the submission of
annual reports to DOA describing the restorative justice activities undertaken. This
Section does not apply after June 30, 2003.
AB533, s. 23 19Section 23. 978.05 (8) (b) of the statutes is amended to read:
AB533,28,10
1978.05 (8) (b) Hire, employ and supervise his or her staff and, subject to s.
2978.044,
make appropriate assignments of the staff throughout the prosecutorial
3unit. The district attorney may request the assistance of district attorneys, deputy
4district attorneys or assistant district attorneys from other prosecutorial units or
5assistant attorneys general who then may appear and assist in the investigation and
6prosecution of any matter for which a district attorney is responsible under this
7chapter in like manner as assistants in the prosecutorial unit and with the same
8authority as the district attorney in the unit in which the action is brought. Nothing
9in this paragraph limits the authority of counties to regulate the hiring, employment
10and supervision of county employes.
Note: See the Note to Section 22.
AB533, s. 24 11Section 24 . Nonstatutory provisions; administration.
AB533,28,1912 (1) Assistant district attorneys for restorative justice services. The
13authorized FTE positions for the department of administration are increased by 3.0
14GPR project positions, to be funded from the appropriation under section 20.475 (1)
15(d) of the statutes, for the purpose of providing one assistant district attorney for
16Dane County, one assistant district attorney for Milwaukee County and one
17assistant district attorney for a county other than Dane or Milwaukee to perform
18restorative justice services under section 978.044 of the statutes, as created by this
19act.
AB533,29,220 (2) Office of government-sectarian facilitation. The authorized FTE
21positions for the department of administration are increased by 1.0 GPR project
22position to be funded from the appropriation under section 20.505 (4) (em) of the
23statutes, as created by this act, for the purpose of administering the office of

1government-sectarian facilitation under section 15.105 (26) of the statutes, as
2created by this act, beginning on November 1, 1999, and ending on November 1, 2002.
Note: See the Note to Section 22. In addition, this Section establishes a full-time
government-sectarian facilitator project position with DOA, beginning on November 1,
1999, and ending on November 1, 2002, to be funded from the appropriation created in
Sections 6 and 7.
AB533, s. 25 3Section 25 . Nonstatutory provisions; corrections.
AB533,29,94 (1) Certification regarding inmate rehabilitation program. No more than 7
5days after an inmate begins receiving services through a program established under
6section 301.047 (1) of the statutes, as created by this act, the department of
7corrections shall certify to the revisor of statutes that the program has commenced
8operations. Upon the certification, the revisor of statutes shall publish notice in the
9Wisconsin Administrative Register of that fact.
Note: See the Note to Section 17.
AB533, s. 26 10Section 26. Nonstatutory provisions; legislative audit bureau.
AB533,29,1811 (1) Evaluation and report to legislature. By October 1, 2002, the legislative
12audit bureau shall evaluate, on a quantitative and qualitative basis, the success of
13restorative justice programming in Dane and Milwaukee counties and the county
14selected under section 978.044 (4) of the statutes, as created by this act, in serving
15victims, offenders, and communities affected by crime and shall report its findings
16to the appropriate standing committees of the legislature, as determined by the
17speaker of the assembly and the president of the senate, under section 13.172 (3) of
18the statutes.
Note: This Section requires the legislative audit bureau, by October 1, 2002, to
conduct a quantitative and qualitative evaluation of the success of restorative justice
programming in serving victims, offenders and communities affected by crime and to
report these findings to appropriate committees of the legislature.
AB533, s. 27 19Section 27 . Appropriation changes; administration.
AB533,29,20 20(1) Assistant district attorneys for restorative justice services.
AB533,30,5
1(a) In the schedule under section 20.005 (3) of the statutes for the appropriation
2to the department of administration under section 20.475 (1) (d) of the statutes, as
3affected by the acts of 1999, the dollar amount is increased by $108,300 for fiscal year
41999-00 and the dollar amount is increased by $144,300 for fiscal year 2000-01 to
5fund 3.0 FTE GPR project positions authorized under Section 24 (1 ) of this act.
AB533,30,106 (b) In the schedule under section 20.005 (3) of the statutes for the appropriation
7to the department of administration under section 20.475 (1) (d) of the statutes, as
8affected by the acts of 1999, the dollar amount is increased by $108,300 for fiscal year
91999-00 and the dollar amount is increased by $144,300 for fiscal year 2000-01 to
10fund 3.0 FTE GPR project positions authorized under Section 24 (1 ) of this act.
Note: This Section appropriates $108,300 GPR in fiscal year 1999-2000 and
$144,300 GPR in fiscal year 2000-01 to fund the assistant district attorney project
positions created under the bill to perform restorative justice services.
AB533, s. 28 11Section 28 . Effective dates. This act takes effect on the day after
12publication, except as follows:
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