2015 - 2016 LEGISLATURE
December 10, 2015 - Introduced by Representatives Krug, Hutton, E. Brooks,
Thiesfeldt, Murtha, Mursau and Ballweg, cosponsored by Senator Darling.
Referred to Committee on Corrections.
AB597,1,5 1An Act to amend 20.435 (5) (hy), 46.03 (18) (f), 51.45 (7) (h) (intro.), 51.45 (7) (h)
21., 343.30 (1q) (c) 2., 343.30 (1q) (d) 1., 343.30 (1q) (d) 2. and 346.655 (3) (b); and
3to create 51.01 (1r), 301.033 and 343.30 (1q) (c) 1. e. of the statutes; relating
4to:
alcohol and other drug assessments in counties and correctional institutions
5and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill allows persons who are inmates in a correctional facility to obtain
certain alcohol and other drug assessments at a treatment center operated by the
Department of Corrections (DOC). Under current law, a person who is convicted of
certain offenses related to operating a vehicle under the influence of an intoxicant
(OWI-related offense) is generally required to submit to and comply with an
assessment by an approved public treatment facility for examination of the person's
use of alcohol, controlled substances, or controlled substance analogs and for
development of a driver safety plan for the person. Approved public treatment
facilities are facilities that meet standards established by the Department of Health
Services (DHS).
Under the bill, DOC may establish and operate a treatment facility for the
purposes of providing court-ordered assessments and developing driver safety plans
for persons who are inmates of a correctional facility. The bill requires DOC to
comply with the standards and rules established by DHS for treatment facilities and
to obtain DHS approval of the treatment facility. The bill also requires a county,

tribal, or DOC treatment facility to accept and enforce compliance with a driver
safety plan that is established by another county, tribal, or DOC treatment facility.
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:
AB597,1 1Section 1. 20.435 (5) (hy) of the statutes is amended to read:
AB597,2,82 20.435 (5) (hy) Services for drivers, local assistance. As a continuing
3appropriation, the amounts in the schedule for grants to county departments under
4s. 51.42, to approved department of corrections treatment facilities, as defined in s.
551.01 (1r),
and to approved tribal treatment facilities, as defined in s. 51.01 (2c), for
6drivers referred through assessment, to be allocated according to a plan developed
7by the department of health services. All moneys transferred from par. (hx) shall be
8credited to this appropriation.
AB597,2 9Section 2. 46.03 (18) (f) of the statutes is amended to read:
AB597,3,410 46.03 (18) (f) Notwithstanding par. (a), any person who submits to an
11assessment or airman or driver safety plan under s. 23.33 (13) (e), 30.80 (6) (d), 114.09
12(2) (bm), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d) shall pay a
13reasonable fee therefor to the appropriate county department under s. 51.42,
14approved department of corrections treatment facility, as defined in s. 51.01 (1r),
15approved tribal treatment facility, as defined in s. 51.01 (2c), or traffic safety school
16under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3
17or 4 equal installments. The fee for the airman or driver safety plan may be reduced
18or waived if the person is unable to pay the complete fee, but no fee for assessment
19or attendance at a traffic safety school under s. 345.60 may be reduced or waived.
20Nonpayment of the assessment fee is noncompliance with the court order that

1required completion of an assessment and airman or driver safety plan. Upon a
2finding that the person has the ability to pay, nonpayment of the airman or driver
3safety plan fee is noncompliance with the court order that required completion of an
4assessment and airman or driver safety plan.
AB597,3 5Section 3. 51.01 (1r) of the statutes is created to read:
AB597,3,96 51.01 (1r) "Approved department of corrections treatment facility" means a
7treatment facility that operates under the direction and control of the department
8of corrections under s. 301.033, meets the standards prescribed for approved
9treatment facilities under s. 51.45 (8) (a), and is approved under s. 51.45 (8) (c).
AB597,4 10Section 4. 51.45 (7) (h) (intro.) of the statutes is amended to read:
AB597,3,1811 51.45 (7) (h) (intro.) The department shall authorize approved department of
12corrections treatment facilities and approved
tribal treatment facilities to conduct
13assessments under s. 343.30 (1q) (c) and prepare driver safety plans under s. 343.30
14(1q) (d) if, with regard to each person for whom the approved department of
15corrections treatment facility or approved
tribal treatment facility conducts an
16assessment under s. 343.30 (1q) (c), the approved department of corrections
17treatment facility or approved
tribal treatment facility agrees in writing to do all of
18the following:
AB597,5 19Section 5. 51.45 (7) (h) 1. of the statutes is amended to read:
AB597,3,2320 51.45 (7) (h) 1. Notify the county assessment agency identified in the order
21under s. 343.30 (1q) (c) 1. within 72 hours that the approved department of
22corrections treatment facility or approved
tribal treatment facility has been
23contacted for the assessment.
AB597,6 24Section 6. 301.033 of the statutes is created to read:
AB597,4,5
1301.033 Treatment facilities; assessments and driver safety plans. The
2department may establish and operate one or more treatment facilities that meet the
3standards prescribed for approved treatment facilities under s. 51.45 (8) (a) and are
4approved under s. 51.45 (8) (c) for the purpose of providing assessments and
5developing driver safety plans for prisoners pursuant to s. 343.30 (1q).
AB597,7 6Section 7. 343.30 (1q) (c) 1. e. of the statutes is created to read:
AB597,4,107 343.30 (1q) (c) 1. e. Include a statement that if the person is an inmate at a
8correctional facility in the state, the person may receive the assessment required
9under this subdivision from an approved department of corrections treatment
10facility as defined in s. 51.01 (1r).
AB597,8 11Section 8. 343.30 (1q) (c) 2. of the statutes is amended to read:
AB597,4,1812 343.30 (1q) (c) 2. The department of health services shall establish standards
13for assessment procedures and the driver safety plan programs by rule. The
14department of health services shall establish by rule conflict of interest guidelines
15for providers. The conflict of interest guidelines may not preclude an approved
16department of corrections treatment facility, as defined in s. 51.01 (1r), or an

17approved tribal treatment facility, as defined in s. 51.01 (2c), from conducting
18assessments and providing treatment under this subsection.
AB597,9 19Section 9. 343.30 (1q) (d) 1. of the statutes is amended to read:
AB597,5,1020 343.30 (1q) (d) 1. The assessment report shall order compliance with a driver
21safety plan. The report shall inform the person of the fee provisions under s. 46.03
22(18) (f). The driver safety plan may include a component that makes the person
23aware of the effect of his or her offense on a victim and a victim's family. The driver
24safety plan may include treatment for the person's misuse, abuse or dependence on
25alcohol, controlled substances or controlled substance analogs, or attendance at a

1school under s. 345.60, or both. If the plan requires treatment at an approved tribal
2treatment facility, as defined in s. 51.01 (2c), the plan may include traditional tribal
3treatment modes. If the plan requires inpatient treatment, the treatment shall not
4exceed 30 days. A county department, approved department of corrections
5treatment facility under s. 301.033, or approved tribal treatment facility under s.
651.45 (7) (h) shall accept and enforce compliance with any driver safety plan that is
7ordered by another county department, approved department of corrections
8treatment facility under s. 301.033, or approved tribal treatment facility under s.
951.45 (7) (h).
A driver safety plan under this paragraph shall include a termination
10date consistent with the plan which shall not extend beyond one year.
AB597,10 11Section 10. 343.30 (1q) (d) 2. of the statutes is amended to read:
AB597,6,612 343.30 (1q) (d) 2. The county department under s. 51.42, approved department
13of corrections treatment facility under s. 301.033,
or approved tribal treatment
14facility under s. 51.45 (7) (h) shall assure notification of the department of
15transportation, in a manner prescribed by the department, and the person of the
16person's compliance or noncompliance with assessment and with treatment. The
17school under s. 345.60 shall notify the department, the county department under s.
1851.42, and the person of the person's compliance or noncompliance with the
19requirements of the school. Nonpayment of the assessment fee or, if the person has
20the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the
21court order. If the department is notified of any noncompliance, other than for
22nonpayment of the assessment fee or driver safety plan fee, it shall revoke the
23person's operating privilege until the county department under s. 51.42, the
24approved department of corrections treatment facility under s. 301.033,
the
25approved tribal treatment facility under s. 51.45 (7) (h), or the school under s. 345.60

1notifies the department that the person is in compliance with assessment or the
2driver safety plan. If the department is notified that a person has not paid the
3assessment fee, or that a person with the ability to pay has not paid the driver safety
4plan fee, the department shall suspend the person's operating privilege for a period
5of 2 years or until it receives notice that the person has paid the fee, whichever occurs
6first.
AB597,11 7Section 11. 346.655 (3) (b) of the statutes is amended to read:
AB597,6,148 346.655 (3) (b) If a person receives treatment from an approved department of
9corrections treatment facility, as defined in s. 51.01 (1r), or an
approved tribal
10treatment facility, as defined in s. 51.01 (2c), in accordance with a driver safety plan
11under s. 343.30 (1q) (d), the county treasurer shall transmit the amount collected
12from the person's driver improvement surcharge except the amounts that the
13treasurer is required to transmit to the secretary of administration under sub. (2) (a)
14or (b), to the facility for treatment services for drivers referred through assessment.
AB597,6,1515 (End)
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