AB443: Bill Text

LRB-2854/1

MGD:wlj:rs

2001 - 2002 LEGISLATURE

2001 Assembly BILL 443

June 12, 2001 - Introduced by Representatives Jensen, Riley, Kestell, Walker, Suder, Freese, Musser, Vrakas, Lippert, Townsend, Krawczyk, Ott, Hahn, Ladwig, Albers, McCormick, Ainsworth, Pettis, Gunderson, Leibham, Owens, Huebsch, Nass and Sykora, cosponsored by Senators Darling, Welch and Roessler. Referred to Committee on Corrections and the Courts.

AB443,2,2 An Act to repeal 301.047; to amend 15.01 (6), 15.02 (3) (c) 1., 15.105 (title), 20.505 (4) (title), 230.08 (2) (e) 1., 302.11 (1g) (b) 2., 978.03 (3) and 978.05 (8) (b); to repeal and recreate 302.11 (1g) (b) 2.; and to create 15.105 (28), 16.235, 20.435 (3) (ft), 20.505 (4) (em), 46.03 (44), 46.72, 59.54 (27), 301.03 (2t), 301.047, 301.065 and 978.044 of the statutes; relating to: authorizing the appointment of assistant district attorneys to provide restorative justice services; authorizing counties and the department of corrections to contract with religious organizations for the provision of services relating to delinquency and crime prevention and the rehabilitation of offenders; inmate rehabilitation; creating the office of charitable choice implementation; establishing a grant program for a neighborhood organization incubator; distributing funding for alcohol and other drug abuse services; and making appropriations.

Analysis by the Legislative Reference Bureau

Restorative justice district attorney positions

Current law specifies that each county shall have one district attorney. Current law also authorizes the appointment of one or more deputy district attorneys for certain counties and, subject to the positions being requested by the department of administration (DOA), one or more assistant district attorneys for all counties. This bill authorizes one new assistant district attorney project position each for Dane County, Milwaukee County, and a third county (to be selected by the attorney general in consultation with the department of corrections (DOC)). The bill also requires the district attorney for each of those three counties to assign one assistant district attorney to be a restorative justice coordinator.

Under the bill, the restorative justice coordinator must establish restorative justice programs that provide support to the victim, facilitate the reintegration of the victim into community life, and provide a forum for an offender to: 1) meet with the victim; 2) discuss the impact of the offense on the victim or the community; 3) explore appropriate restorative responses by the offender; and 4) facilitate the reintegration of the offender into community life. The bill also requires each restorative justice coordinator to assist district attorneys in other counties in establishing restorative justice programs. The bill further requires each restorative justice coordinator to maintain records regarding restorative justice activities and to submit to DOA annual reports describing the restorative justice activities that each has undertaken, including the number of victims and offenders served, the types of crimes involved, and the rates of recidivism among offenders, served by restorative justice program. In addition, by October 1, 2004, the legislative audit bureau must conduct a quantitative and qualitative evaluation of the success of restorative justice programs in serving victims, offenders, and communities affected by crime and to report these findings to the legislature.

The assistant district attorney project positions created under the bill expire after June 30, 2005.

Establishment of the office of charitable choice implementation

The bill creates an office of charitable choice implementation (OCCI). Under the bill, OCCI is required to assist in the implementation of state and federal laws regarding nondiscrimination against religious organizations by doing all of the following: 1) providing information on laws regarding nondiscrimination against faith-based organizations in the provision of government services; 2) assisting government agencies in using the services of faith-based organizations in the provision of government services; and 3) compiling and providing to the public information on government services available through faith-based organizations. OCCI is to operate for three years, is to be attached to the department of administration, and is to be headed by an executive director. The executive director 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 executive director 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.

Nondiscrimination against religious organizations

Current law specifies that the department of health and family services (DHFS) and the department of workforce development may contract with or award grants to religious organizations on the same basis as they do with respect to any other nongovernmental provider. This bill similarly specifies that DOC and counties may contract with or award grants to religious organizations for use in the prevention of delinquency and crime and the rehabilitation of offenders. In particular, the bill: 1) specifies that if DOC or a county is authorized to distribute any grant to or contract with a nongovernmental entity, that nongovernmental entity (the grantee) can be a religious organization, as long as the programs are implemented consistently with the U.S. and Wisconsin constitutions; 2) prohibits DOC and counties from discriminating against an organization because the organization does or does not have a religious character or because of the specific religious nature of the organization; 3) specifies that a grantee retains its independence from federal, state, and local governments, including in its control over the definition, development, practice, and expression of its religious beliefs; 4) specifies that if an individual has an objection to the religious character of a grantee from which the individual 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 an accessible nonreligious provider upon the individual's request; 5) requires DOC and counties to provide written information to individuals who are eligible for assistance regarding the availability of assistance from a nonreligious provider; 6) prohibits a grantee 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 a refusal to actively participate in a religious practice; 7) specifies that any grantee is subject to the same laws and rules as other contractors and grantees regarding accounting in accordance with generally accepted auditing principles for the use of these funds; 8) prohibits any grantee from expending any of those funds for sectarian worship, instruction, or proselytization; and 9) requires every grantee providing crime prevention or rehabilitation assistance to eligible recipients to certify in writing that it has complied with the proscription against discrimination and the proscription against the expenditure of public funds for sectarian purposes.

Inmate AODA rehabilitation

Under current law, DOC must provide alcohol and other drug abuse (AODA) treatment programs at certain prisons. As is the case with other correctional services and programs, DOC may provide AODA treatment programs by contracting with a public or voluntary agency. This bill authorizes DOC to permit one or more nonprofit community-based organizations to operate an inmate rehabilitation program in DOC's Milwaukee AODA treatment facility if: 1) 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; 2) DOC determines that operation of the program is in the best interest of the inmates; and 3) the organization submits to DOC a detailed proposal for the operation of the program. The organization must also agree in writing: 1) not to receive compensation from DOC for services provided in the rehabilitation program; 2) not to deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief; 3) to permit an inmate to withdraw from participation in the program at any time; and 4) to provide community-based aftercare services for each inmate upon the inmate's release if he or she completes the program and resides in the area in which the organization is providing such services. In addition, if the organization promotes religious activity in connection with the program, DOC must allow all other religious organizations meeting the requirements of the bill to operate an inmate AODA program.

DOC must provide reasonable access to inmates by an organization operating an inmate rehabilitation program established under the bill and must 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. DOC, however, may not require an inmate to participate in an inmate rehabilitation program established under the bill, nor may it base any decision regarding an inmate's conditions of confinement on his or her participation or nonparticipation in such a program. The bill also provides that DOC may restrict an inmate's participation in such a program only if necessary for the security of the facility or the safety of the inmates or the public. In addition, 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 AODA.

The provisions described in this section of the analysis expire two years after an inmate rehabilitation program established under the bill begins operation.

Distribution of AODA funding

Under current law, DHFS administers various programs that provide funding for AODA intervention and treatment services. Under the bill, DHFS and DOC must: 1) develop one or more methods to evaluate the effectiveness of, and develop performance standards for, AODA intervention and treatment services that each department administers; 2) adopt policies to ensure that, to the extent possible under state and federal law, all funding for AODA intervention and treatment services that each of them administers is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for AODA services; 3) require every application for department funding for AODA intervention or treatment services to include a plan to evaluate the effectiveness of the services in reducing AODA by recipients of services; and 4) require recipients of AODA funding from each department to provide that department the results of its evaluation.

Establishment of a neighborhood organization incubator grant program

The bill authorizes DHFS to award a grant to a private nonprofit or public organization that is community based (an agency) to enable the agency to help neighborhood social service organizations secure funding and become more effective. As a condition of receiving the grant, the agency is required to: 1) provide information to neighborhood organizations about sources of public and private funding; 2) assist neighborhood organizations in obtaining funding and other assistance from public and private entities; 3) act as a liaison between the neighborhood organizations and the public and private funding sources; 4) provide appropriate training and professional development services to members of neighborhood organizations; 5) engage in outreach efforts to inform neighborhood organizations of the services available from the agency; 6) undertake other activities to facilitate the effectiveness and development of neighborhood organizations; and 7) submit to DHFS, within 90 days after spending the entire grant, a report detailing the use of the grant proceeds. This grant program sunsets on June 30, 2005.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB443, s. 1 Section 1. 15.01 (6) of the statutes is amended to read:

AB443,5,12 15.01 (6) "Division," "bureau," "section ," and "unit" means mean 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 charitable choice implementation 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.

AB443, s. 2 Section 2. 15.02 (3) (c) 1. of the statutes is amended to read:

AB443,6,8 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 charitable choice implementation 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 executive director heading the office of charitable choice implementation in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.

AB443, s. 3 Section 3. 15.105 (title) of the statutes is amended to read:

AB443,6,10 15.105 (title) Same; attached boards, commissions and office offices.

AB443, s. 4 Section 4 . 15.105 (28) of the statutes is created to read:

AB443,6,23 15.105 (28) Office of charitable choice implementation. There is created an office of charitable choice implementation, headed by the executive director, which is attached to the department of administration under s. 15.03. The executive director 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 executive director 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 executive director 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, 2004.

AB443, s. 5 Section 5 . 16.235 of the statutes is created to read:

AB443,7,4 16.235 Office of charitable choice implementation. (1) The office of charitable choice implementation 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:

AB443,7,7 (a) Provide information to state agencies, local governments, and other interested persons about laws regarding nondiscrimination against faith-based organizations in the provision of government services.

AB443,7,9 (b) Assist state and local governments in using the services of faith-based organizations in the provision of government services.

AB443,7,11 (c) Compile and provide to the public information on state and local government services available through faith-based organizations.

AB443,7,12 (2) This section does not apply after November 1, 2004.

AB443, s. 6 Section 6 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB443, s. 7 Section 7 . 20.435 (3) (ft) of the statutes is created to read:

AB443,8,3 20.435 (3) (ft) Neighborhood organization incubator grants. The amounts in the schedule for neighborhood organization incubator grants under s. 46.72.

AB443, s. 8 Section 8. 20.505 (4) (title) of the statutes is amended to read:

AB443,8,6 20.505 (4) (title) Attached divisions, boards, councils and, commissions and office.

AB443, s. 9 Section 9 . 20.505 (4) (em) of the statutes is created to read:

AB443,8,10 20.505 (4) (em) Office of charitable choice implementation. The amounts in the schedule for the general program operations of the office of charitable choice implementation.

AB443, s. 10 Section 10 . 46.03 (44) of the statutes is created to read:

AB443,8,15 46.03 (44) Performance evaluations for alcohol and other drug abuse intervention and treatment services. Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

AB443,8,18 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

AB443,9,5 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.