LRB-2842/1
EAW:skw
2021 - 2022 LEGISLATURE
July 12, 2021 - Introduced by Representatives Bowen,
Hong, Anderson, Baldeh,
Conley, Emerson, Goyke, Hebl, Moore Omokunde, Neubauer, Shankland,
Sinicki, Spreitzer and Subeck, cosponsored by Senators Larson, Carpenter
and Roys. Referred to Committee on Criminal Justice and Public Safety.
AB456,1,3
1An Act to amend 20.455 (2) (em); and
to create 165.951 of the statutes;
2relating to: grants for law enforcement officers to use risk assessment tools
3prior to making an arrest and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a grant program administered by the Department of Justice
for law enforcement agencies to incorporate a prearrest risk assessment tool into
their arrest practices. Under the bill, in order to receive a grant, a law enforcement
agency must identify an evidence-based risk assessment tool that its law
enforcement officers will use to determine whether a person should be arrested for
a crime.
A law enforcement agency that receives a grant will provide information to DOJ
regarding the use of the evidence-based risk assessment tool, including the number
of persons screened, the number of persons arrested after screening, and the number
of persons not arrested after screening. DOJ must analyze the data submitted each
year and prepare a progress report that evaluates the effectiveness of the program.
Every five years, DOJ must submit a report summarizing the grant program and its
effects to the legislature.
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:
AB456,1
1Section
1. 20.455 (2) (em) of the statutes is amended to read:
AB456,2,52
20.455
(2) (em)
Alternatives to prosecution and incarceration for persons who
3use alcohol or other drugs; prearrest risk assessment tools; presentencing
4assessments. The amounts in the schedule for making grants
to counties and tribes 5under
s. ss. 165.95 (2)
and 165.951 (1).
AB456,2
6Section
2. 165.951 of the statutes is created to read:
AB456,2,107
165.951
(1) From the appropriation under s. 20.455 (2) (em), the department
8of justice shall distribute grants on a competitive basis to fund law enforcement
9agencies' use of an evidence-based prearrest risk assessment tool in order to
10determine whether a person who is assessed should be placed under arrest.
AB456,2,13
11(2) In order to receive a grant under this section, a law enforcement agency
12shall submit an application to the department of justice that includes all of the
13following:
AB456,2,1414
(a) A plan for the expenditure of the grant moneys distributed to the agency.
AB456,2,1615
(b) Identification of the evidence-based prearrest risk assessment tool that the
16law enforcement agency intends to incorporate into its arrest practices.
AB456,2,1817
(c) A plan for training law enforcement officers employed by the agency in the
18use and application of the evidence-based prearrest risk assessment tool.
AB456,2,22
19(3) A law enforcement agency that receives a grant under this section shall
20require law enforcement officers employed by the agency to use and apply the
21evidence-based prearrest risk assessment tool in order to determine whether a
22person should be placed under arrest.
AB456,3,4
23(4) A law enforcement agency that receives a grant under this section shall
24provide information to the department of justice regarding its use of the
25evidence-based prearrest risk assessment tool, including the number of persons
1screened, the number of persons placed under arrest after screening, and the number
2of persons not placed under arrest after screening. The department may request any
3data regarding a plan funded under this section that is necessary to evaluate the
4grant program and prepare the reports under subs. (5) and (6).
AB456,3,8
5(5) Annually, the department of justice shall analyze the data submitted under
6sub. (4) for the previous year and prepare a progress report that evaluates the
7effectiveness of the grant program. The department shall make the report available
8to the public.
AB456,3,11
9(6) Every 5 years, the department of justice shall prepare a comprehensive
10report that analyzes the data submitted under sub. (4) for the previous 5 years and
11shall submit the report to the legislature under s. 13.172 (2).
