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.
AB457,1,6 1An Act to renumber and amend 165.95 (3) (a); to amend 20.455 (2) (em) (title),
220.455 (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)
42. 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
jail populations.
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:
AB457,1 1Section 1. 20.455 (2) (em) (title) of the statutes, as affected by 2013 Wisconsin
2Act 20
, is amended to read:
AB457,2,43 20.455 (2) (em) (title) Alternatives to prosecution and incarceration for persons
4with mental illness or who use alcohol or other drugs; presentencing assessments.
AB457,2 5Section 2. 20.455 (2) (kn) (title) of the statutes, as affected by 2013 Wisconsin
6Act 20
, is amended to read:
AB457,2,87 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons
8with mental illness or who use alcohol or other drugs; justice information fee.
AB457,3 9Section 3. 20.455 (2) (kv) (title) of the statutes, as affected by 2013 Wisconsin
10Act 20
, is amended to read:
AB457,2,1211 20.455 (2) (kv) (title) Grants for substance abuse or mental illness treatment
12programs for criminal offenders.
AB457,4
1Section 4. 165.95 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
2amended to read:
AB457,3,103 165.95 (2) The department of justice shall make grants to counties to enable
4them 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 are
7diagnosed with a mental illness or who
abuse alcohol or other drugs. The department
8of 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
10corrections and health and family services in establishing this grant program.
AB457,5 11Section 5. 165.95 (3) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
12is renumbered 165.95 (3) (a) (intro.) and amended to read:
AB457,3,1413 165.95 (3) (a) (intro.) The county's program is designed to meet the needs of a
14person who meets one of the following criteria:
AB457,3,17 151. He or she abuses alcohol or other drugs and who may be or has been charged
16with or who has been convicted of a crime in that county related to the person's his
17or her
use or abuse of alcohol or other drugs.
AB457,6 18Section 6. 165.95 (3) (a) 2. of the statutes is created to read:
AB457,3,2119 165.95 (3) (a) 2. He or she has been diagnosed with a mental illness and may
20be or has been charged with or convicted of a crime in that county related to his or
21her mental illness.
AB457,7 22Section 7. 165.95 (3) (d) of the statutes, as affected by 2013 Wisconsin Act 20,
23is amended to read:
AB457,4,224 165.95 (3) (d) Services provided under the program are consistent with
25evidence-based practices in substance abuse and or mental health treatment, as

1determined by the department of health services, and the program provides
2intensive case management.
AB457,8 3Section 8. 165.95 (3) (e) of the statutes, as affected by 2013 Wisconsin Act 20,
4is amended to read:
AB457,4,75 165.95 (3) (e) The If the program meets the criteria set forth in par. (a) 1., the
6program uses graduated sanctions and incentives to promote successful substance
7abuse treatment.
AB457,9 8Section 9. 165.95 (3) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
9is amended to read:
AB457,4,1610 165.95 (3) (g) The program is designed to integrate all mental health services
11provided to program participants by state and local government agencies and other
12organizations. The program shall require regular communication among a
13participant's substance abuse treatment providers, if applicable, other service
14providers, the case manager, and any person designated under the program to
15monitor the person's compliance with his or her obligations under the program and
16any probation, extended supervision, and parole agent assigned to the participant.
AB457,10 17Section 10. 165.95 (3) (h) of the statutes, as affected by 2013 Wisconsin Act
1820
, is amended to read:
AB457,4,2119 165.95 (3) (h) The program provides substance abuse and or mental health
20treatment services through providers that are certified by the department of health
21services.
AB457,11 22Section 11. 165.95 (5) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
23is amended to read:
AB457,5,924 165.95 (5) (a) A county that receives a grant under this section shall create an
25oversight committee to advise the county in administering and evaluating its

1program. Each committee shall consist of a circuit court judge, the district attorney
2or his or her designee, the state public defender or his or her designee, a local law
3enforcement official, a representative of the county, a representative of each other
4county agency responsible for providing social services, including services relating
5to child welfare, mental health, and the Wisconsin Works program, representatives
6of the departments of corrections and health and family services, a representative
7from private social services agencies, a representative of substance abuse treatment
8providers if the program meets the criteria set forth in sub. (3) (a) 1., and other
9members to be determined by the county.
AB457,12 10Section 12. 165.95 (6m) of the statutes is created to read:
AB457,5,1311 165.95 (6m) From the appropriation under s. 20.455 (2) (em), the department
12shall allocate at least $750,000 to grants for counties with programs that meet the
13needs of persons who meet the criteria set forth in sub. (3) (a) 2.
AB457,13 14Section 13. Fiscal changes.
AB457,5,2015 (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
1720.455 (2) (em) of the statutes, as affected by the acts of 2013, the dollar amount is
18increased by $750,000 for the first fiscal year of the fiscal biennium in which this
19subsection takes effect to provide grants for counties that establish alternatives to
20prosecution and incarceration for persons with mental illnesses.
AB457,5,2121 (End)
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