165.93 165.93 Sexual assault victim services; grants.
165.93(1)(1) Definitions. In this section:
165.93(1)(a) (a) "Department" means the department of justice.
165.93(1)(b) (b) "Sexual assault" means conduct that is in violation of s. 940.225, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.085, 948.09 or 948.10.
165.93(1)(e) (e) "Victim" means an individual who has been sexually assaulted, regardless of whether the sexual assault has been reported to any governmental agency.
165.93(2) (2)Grants.
165.93(2)(a)(a) The department shall provide grants to eligible organizations from the appropriations under s. 20.455 (5) (e) and (gj) to provide services for sexual assault victims.
165.93(2)(b) (b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria:
165.93(2)(b)1. 1. The organization is a nonprofit corporation or a public agency.
165.93(2)(b)2. 2. The organization provides or proposes to provide, either directly or through a contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals, all of the following for sexual assault victims:
165.93(2)(b)2.a. a. Advocacy and counseling services.
165.93(2)(b)2.b. b. Crisis telephone line services on a 24 hours per day and 7 days per week basis.
165.93(2)(b)2.c. c. Professional education about intervention for sexual assault victims and community education programs for the prevention of sexual assault.
165.93(2)(b)2.d. d. Services for persons living in rural areas, men, children, elderly persons, physically disabled persons, minority groups and other groups of victims that have special needs. This subdivision does not require the applicant to provide services to any group of persons that does not reside in the applicant's service area.
165.93(2)(b)3. 3. The organization does not receive more than 70% of its operating budget from grants under this section.
165.93(2)(b)4. 4. The organization does not provide all of its services under subd. 2. a. to d. by contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals.
165.93(2)(c) (c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following:
165.93(2)(c)1. 1. The need for sexual assault victim services in the community in which the applicant provides services or proposes to provide services.
165.93(2)(c)2. 2. The degree to which the applicant's services or proposed services are coordinated with other resources in the community and state.
165.93(2)(c)3. 3. The needs of urban and rural communities.
165.93(2)(c)4. 4. The needs of existing and proposed programs and services.
165.93(3) (3)Reporting requirements. An organization that receives a grant under this section shall report all of the following information to the department for each fiscal year covered by the grant:
165.93(3)(a) (a) The total expenditures that the organization made on sexual assault victim services in the period for which the grant was provided during that fiscal year.
165.93(3)(b) (b) The number of persons served by general type of sexual assault victim services provided in the period for which the grant was provided during that fiscal year. The department shall identify for organizations the general types of sexual assault services provided.
165.93(3)(c) (c) The number of persons who requested sexual assault victim services in the period for which the grant was provided during that fiscal year but who did not receive the sexual assault victim services that they requested.
165.93(4) (4)List of eligible organizations.
165.93(4)(a)(a) The department shall certify to the government accountability board, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).
165.93(4)(b) (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2).
165.94 165.94 Global positioning system pilot programs; grants.
165.94(1)(1) From the appropriation under s. 20.455 (5) (br), the department of justice shall provide grants to counties to establish a global positioning system tracking program for persons who are subject to a temporary restraining order or injunction under s. 813.12 or 813.125.
165.94(3) (3) Two or more counties may jointly establish and administer a program and apply for and receive a grant under this section.
165.94 History History: 2013 a. 20.
165.95 165.95 Alternatives to incarceration; grant program.
165.95(1)(1) In this section, "violent offender" means a person to whom one of the following applies:
165.95(1)(a) (a) The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.
165.95(1)(b) (b) The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.
165.95(2) (2) The department of justice shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (em), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.
165.95(2r) (2r) Any county that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant.
165.95(3) (3) A county shall be eligible for a grant under sub. (2) if all of the following apply:
165.95(3)(a) (a) The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.
165.95(3)(b) (b) The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.
165.95(3)(c) (c) The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.
165.95(3)(d) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.
165.95(3)(e) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment.
165.95(3)(f) (f) The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.
165.95(3)(g) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.
165.95(3)(h) (h) The program provides substance abuse and mental health treatment services through providers that are certified by the department of health services.
165.95(3)(i) (i) The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.
165.95(3)(j) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse treatment providers.
165.95(3)(k) (k) The county complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b).
165.95(4) (4) In implementing a program that meets the requirements of sub. (3), a county department may contract with or award grants to a religious organization under s. 59.54 (27).
165.95(5) (5)
165.95(5)(a)(a) A county that receives a grant under this section shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.
165.95(5)(b) (b) A county that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the oversight committee created under par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).
165.95(5)(bg) (bg) A county that receives a grant under this section shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project and prepare the reports under sub. (5p).
165.95(5m) (5m) In a program funded by a grant under this section, if urine collection for the purposes of a drug test results in the exposure of a program participant's genitals, pubic area, buttock or anus, all of the following must apply:
165.95(5m)(a) (a) The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant.
165.95(5m)(b) (b) During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection.
165.95(5m)(c) (c) The urine collection is not reproduced through a visual or sound recording.
165.95(5m)(d) (d) The program participant's genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.
165.95(5m)(e) (e) All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing.
165.95(5p) (5p)
165.95(5p)(a)(a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall make the report available to the public.
165.95(5p)(b) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).
165.95(6) (6) Two or more counties may jointly apply for and receive a grant under this section. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) shall consist of representatives from each county.
165.95(7) (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county under this section, the department of justice shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.
165.95(7m) (7m) Beginning in fiscal year 2012-13, the department of justice shall, every 5 years, make grants under this section available to any county on a competitive basis. A county may apply for a grant under this subsection regardless of whether the county has received a grant previously under this section.
165.95(8) (8) The department of justice shall assist a county receiving a grant under this section in obtaining funding from other sources for its program.
165.95(9) (9) The department of justice shall inform any county that is applying for a grant under this section whether the county meets the requirements established under sub. (3), regardless of whether the county receives a grant.
165.95(10) (10) The department of justice shall evaluate every 2 years, the grant program established under this section.
165.95 History History: 2013 a. 20 ss. 177, 1944; 2013 a. 197; Stats. 2013 s. 165.95.
165.955 165.955 Drug court; grant program.
165.955(1) (1) In this section, "drug court" means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.
165.955(2) (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.
165.955 History History: 2013 a. 20.
165.957 165.957 Frequent testing for use of alcohol or a controlled substance; pilot program.
165.957(1) (1) In this section:
165.957(1)(a) (a) "Controlled substance" has the meaning given in s. 961.01 (4).
165.957(1)(b) (b) "Testing" means a procedure for determining the presence and level of alcohol or a controlled substance in an individual's blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring.
165.957(2) (2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it.
165.957(3) (3) The department of justice may, by rule, establish the following:
165.957(3)(a) (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1.
165.957(3)(b) (b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a).
165.957(3)(c) (c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6).
165.957(4) (4) Each frequent sobriety testing program shall meet all of the following criteria:
165.957(4)(a) (a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies:
165.957(4)(a)1. 1. The person is ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution, release to parole, or release to extended supervision, to refrain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of probation, release to parole, or release to extended supervision.
165.957(4)(a)2. 2. The person agrees to refrain from using alcohol or a controlled substance while he or she is on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and volunteers to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution or release to parole or to extended supervision.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 60 and all Supreme Court Orders entered before August 26, 2015. Published and certified under s. 35.18. Changes effective after August 26, 2015 are designated by NOTES. (Published 8-26-15)