•Certification of compliance. The bill requires every religious organization that
contracts with, or receives a grant from, DOC or a county to provide crime prevention or
rehabilitation assistance to eligible recipients to certify in writing that it has complied
with the proscription against discrimination based on religion, religious belief or refusal
to actively participate in a religious practice and the proscription against the expenditure
of public funds for sectarian worship, instruction or proselytization. Each organization
is also required to furnish the department or county board with a copy of this certification
and a written description of the policies the organization has adopted to ensure
compliance with these proscriptions.
•Remedy for violation. The bill specifies that any party that seeks to enforce its
rights under this law may assert a civil action for injunctive relief in an appropriate court
against the entity or agency that allegedly commits such violation.
•Preemption. The bill specifies that nothing in the provisions described above
should be construed to preempt any other provision of state law, federal law or the U.S.
or Wisconsin Constitutions that prohibits or restricts the expenditure of state funds in
or by religious organizations.
Inmate rehabilitation
DOC provides various services to inmates. Currently, inmate rehabilitation
programs operated within Wisconsin prisons are either operated by DOC staff or are
purchased from other providers.
The bill authorizes DOC to permit one or more nonprofit community-based
organizations to operate an inmate rehabilitation program in the Milwaukee alcohol and
other drug abuse (AODA) treatment facility which is scheduled to commence operations
in January 2001, if:
• The organization meets all the requirements set forth in the bill.
• 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.
• DOC determines that operation of the program is in the best interests of the
inmates.
An organization that wants to operate an inmate rehabilitation program in the
facility must submit to DOC a detailed proposal for the operation of a program that
includes all of the following:
• A description of the services to be provided, including aftercare services, and a
description of the geographic area in which aftercare services will be provided.
• A description of the activities to be undertaken and the approximate daily
schedule of programming for inmates participating in the program.
• A description of the qualifications of the individuals providing services to
inmates.
• A statement of the organization's policies regarding eligibility of inmates to
participate in the program.
• A statement of the goals of the program.
• A description of the methods by which the organization will evaluate the
effectiveness of the program in attaining its goals.
• Any other information specified by DOC.
To be eligible to operate a rehabilitation program in the facility, an organization
must agree in writing to all of the following:
• The organization may not receive compensation from DOC for services provided
in the rehabilitation program.
• The organization may not deny an inmate the opportunity to participate in the
program for any reason related to the inmate's religious beliefs or nonbelief. (The
organization may suspend or terminate an inmate's participation in a program for
reasons unrelated to religious beliefs, including the inmate's failure to participate
meaningfully in the program.)
• An inmate may withdraw from participation in the program at any time.
• Upon the inmate's release, the organization shall provide community-based
aftercare services for each inmate who completes the program and who resides in the area
in which the organization is providing such services.
The bill provides that DOC must establish policies that provide reasonable access
to inmates by an organization operating an inmate rehabilitation program established
under the bill.
The bill requires DOC to 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.
The bill provides that DOC may not require an inmate to participate in an inmate
rehabilitation program established under the bill. Further, DOC may not base any
decision regarding an inmate's conditions of confinement, including discipline or an
inmate's eligibility for release, on an inmate's participation or nonparticipation in an
inmate rehabilitation program established under the bill. The treatment of inmates,
including the provision of housing, activities in which an inmate may participate,
freedom of movement and work assignments, must be substantially the same for inmates
who participate in a program and those who do not.
The bill provides that DOC may restrict an inmate's participation in an inmate
rehabilitation program established under the bill only if the restriction is necessary for
the security of the facility or the safety of the inmates or the public.
The bill authorizes DOC to suspend or terminate operation of an inmate
rehabilitation program established under the bill if the organization operating the
program fails to comply with any of the requirements set forth in the bill and requires
DOC to suspend or terminate the program if DOC determines that suspension or
termination of the program is necessary for the security of the facility or the safety of the
inmates or the public or that suspension or termination of the program is in the best
interests of the inmates.
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 alcohol and
other drug abuse. The bill requires DOC to collect the data and information necessary
to evaluate the program and to submit a report on the evaluation to the governor and the
appropriate standing committees of the legislature.
Under current law, the parole commission may deny presumptive mandatory
release to an inmate on the grounds that the inmate has refused to participate in
counseling or treatment that the social service and clinical staff of the institution
determines is necessary for the inmate. The bill specifies that the parole commission may
not deny presumptive mandatory release to an inmate because of the inmate's refusal to
participate in an inmate rehabilitation program established under the bill.
The bill provides that the provisions described above expire two years after an
inmate rehabilitation program established under the bill begins operation.
Establishment of the office of government-sectarian facilitation
The bill creates a temporary office of government-sectarian facilitation in the
DOA. The office is headed by an official titled "the facilitator" and is to operate for three
years (from November 1, 1999, to November 1, 2002).
The facilitator is nominated by the governor, and with the advice and consent of
the senate appointed, to serve at the pleasure of the governor. The facilitator 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 facilitator 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.
The bill appropriates $57,600 GPR in 1999-00 and $67,400 GPR in 2000-01 for the
office of government-sectarian facilitation and increases by 1.0 the full-time equivalent
(FTE) authorized project positions for DOA.
The office of government-sectarian facilitation is required to: (1) assist in the
implementation of state and federal laws regarding nondiscrimination against religious
organizations; and (2) facilitate interaction between faith-based organizations and state
and local government. Specifically, the office must do all of the following:
• Provide information on laws regarding nondiscrimination against faith–based
organizations.
• Assist government agencies in utilizing the services of faith–based organizations
in the provision of governmental services.
• Assist faith–based organizations in their efforts to participate in the provision
of governmental services.
• Compile and provide to the public information on governmental services
available through faith–based organizations.
• Monitor compliance, by faith-based organizations that it assists, with laws that
provide that: (1) a religious organization may not discriminate against an individual in
regard to rendering assistance funded under any program administered by a state agency
or a county on the basis of religion, a religious belief or refusal to actively participate in
a religious practice; and (2) no funds provided directly to religious organizations by the
state or a county may be expended for sectarian worship, instruction or proselytization.
• Conduct an evaluation of the extent to which state and local governments are
utilizing the services of faith-based organizations in the provision of governmental
services, including the extent to which faith-based organizations comply with the laws
discussed above. The office must also develop recommendations to increase government
utilization of the services of faith-based organizations.
The bill requires the office to submit a report of the evaluation and
recommendations to the appropriate standing committees of the legislature, as
determined by the speaker of the assembly and president of the senate under s. 13.172
(3), and the governor no later than October 1, 2002.
Establishment of a neighborhood organization incubator grant program
Currently, neighborhood organizations may be motivated to provide services to
neighborhood residents directed at community concerns such as the need for after-school
recreation for children; prevention and counseling services relating to child abuse,
domestic abuse and alcohol and other drug problems; diversion of youth from gang
activities; crime prevention; and inmate and ex-offender rehabilitation or aftercare.
However, many of these organizations do not have the time, resources or technical
expertise to gain access to sources of funding that may enable them to address these
concerns.
The bill authorizes DHFS to award a grant to a community-based public or private,
nonprofit organization ("an agency") upon submission of an application containing a plan
detailing the proposed use of the grant.
A grant recipient is required to do all of the following:
• Provide information to neighborhood organizations about sources of public and
private funding.
• Assist neighborhood organizations in obtaining funding and other assistance
from public and private entities.
• Act as a liaison between the neighborhood organizations and the public and
private funding sources.
• Provide appropriate training and professional development services to members
of neighborhood organizations.
• Engage in outreach efforts to inform neighborhood organizations of the services
available from the agency.
• Undertake other activities to facilitate the effectiveness and development of
neighborhood organizations.
The agency receiving a grant is required to submit to DHFS, within 90 days after
spending the entire grant, a report detailing the use of the grant proceeds.
Distribution of AODA funding
Currently, DHFS and DOC administer various programs that provide funding for
AODA intervention and treatment services.
The bill requires DHFS and DOC to do all of the following:
• Develop one or more methods to evaluate the effectiveness of AODA intervention
and treatment services and develop performance standards regarding those services.
• Adopt policies to ensure that, to the extent possible under state and federal law,
all funding for AODA intervention and treatment services they administer is distributed
based on the effectiveness of the services in meeting department performance standards
for alcohol and other drug abuse services.
• Require every application for funding for AODA intervention or treatment
services to include a plan for the evaluation of the effectiveness of the services in reducing
alcohol and other drug abuse by recipients of services.
• Require every recipient of DHFS or DOC funding for AODA services to provide
to DHFS or DOC information necessary to evaluate the effectiveness of the services
provided.
AB533, s. 1
1Section
1. 15.01 (6) of the statutes is amended to read:
AB533,7,122
15.01
(6) "Division," "bureau," "section" and "unit" means the subunits of a
3department or an independent agency, whether specifically created by law or created
4by the head of the department or the independent agency for the more economic and
5efficient administration and operation of the programs assigned to the department
6or independent agency. The office of justice assistance
and the office of
7government-sectarian facilitation in the department of administration and the
8office of credit unions in the department of financial institutions have the meaning
9of "division" under this subsection. The office of the long-term care ombudsman
10under the board on aging and long-term care and the office of educational
11accountability in the department of public instruction have the meaning of "bureau"
12under this subsection.
Note: See the Note to Section 5.
AB533, s. 2
13Section
2. 15.02 (3) (c) 1. of the statutes is amended to read:
AB533,8,8
115.02
(3) (c) 1. The principal subunit of the department is the "division". Each
2division shall be headed by an "administrator". The office of justice assistance
and
3the office of government-sectarian facilitation in the department of administration
4and the office of credit unions in the department of financial institutions have the
5meaning of "division" and the executive staff director of the office of justice assistance
6and the facilitator heading the office of government-sectarian facilitation in the
7department of administration and the director of credit unions have the meaning of
8"administrator" under this subdivision.
Note: See the Note to Section 5.
AB533, s. 3
9Section
3. 15.105 (title) of the statutes is amended to read:
AB533,8,10
1015.105 (title)
Same; attached boards, commissions and office offices.
AB533, s. 4
11Section
4
. 15.105 (26) of the statutes is created to read:
AB533,8,2312
15.105
(26) Office of government-sectarian facilitation. There is created an
13office of government-sectarian facilitation, headed by the facilitator, which is
14attached to the department of administration under s. 15.03. The facilitator shall
15be nominated by the governor, and with the advice and consent of the senate
16appointed, to serve at the pleasure of the governor. The facilitator may not be a
17member of the board of directors of, be otherwise involved in the governance or
18control of, or be employed by any faith-based organization eligible for contracts or
19grants under s. 59.54 (27) or 301.065. The facilitator shall have experience relevant
20to the operation of nonprofit organizations or state or local government and shall
21have a demonstrated understanding of state and federal laws regarding
22nondiscrimination against religious organizations. This subsection does not apply
23after November 1, 2002.
Note: For an explanation of this provision, see the Note to Section 5
.
AB533, s. 5
1Section
5
. 16.25 of the statutes is created to read:
AB533,9,6
216.25 Office of government-sectarian facilitation.
(1) The office of
3government-sectarian facilitation shall do all of the following to assist in the
4implementation of federal and state laws regarding nondiscrimination against
5religious organizations in the provision of government services and to facilitate
6interaction between faith-based organizations and state and local governments:
AB533,9,97
(a) Provide information to state and local governments and other interested
8persons about laws regarding nondiscrimination against faith-based organizations
9in the provision of government services.
AB533,9,1110
(b) Assist state and local governments in using the services of faith-based
11organizations in the provision of government services.
AB533,9,1312
(c) Assist faith-based organizations in their efforts to participate in the
13provision of government services.
AB533,9,1514
(d) Compile and provide to the public information on state and local
15government services available through faith-based organizations.
AB533,9,1716
(e)
Monitor compliance with ss. 46.027 (6) and (9), 49.114 (6) and (9), 59.54 (27)
17(g) and (j) and 301.065 (6) and (9) by faith-based organizations that it assists.
AB533,9,19
18(2) The office of government-sectarian facilitation shall also do all of the
19following:
AB533,9,2320
(a) Conduct an evaluation of the extent to which state and local governments
21utilize the services of faith-based organizations in providing government services
22and the extent to which faith-based organizations comply with the statutes listed in
23sub. (1) (e).
AB533,9,2524
(b) Develop recommendations to increase state and local government
25utilization of services of faith-based organizations.
AB533,10,4
1(c) Submit a report containing its evaluation and recommendations to the
2governor and to the appropriate standing committees of the legislature, as
3determined by the speaker of the assembly and the president of the senate, under s.
413.172 (3), no later than October 1, 2002.
AB533,10,5
5(3) This section does not apply after November 1, 2002.
Note: This Section and Section 4 create the office of government-sectarian
facilitation, headed by the facilitator. The purposes of the office are to: (a) assist in the
implementation of federal and state laws regarding nondiscrimination against religious
organizations in the provision of government services; and (b) facilitate interaction
between faith-based organizations and state and local governments. The provisions
creating the office of government-sectarian facilitation do not apply after November 1,
2002.
AB533, s. 6
6Section
6
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
Note: This Section appropriates $100,000 GPR in each year of the 1999-2001
biennium to fund the neighborhood organization incubator grant program created in
Section 12 and appropriates $57,600 GPR in fiscal year 1999-00 and $67,400 GPR in
fiscal year 2000-01 to fund the office of government-sectarian facilitation created in
Section 4.
AB533, s. 7
1Section
7
. 20.005 (3) (schedule) of the statutes, as affected by 1999 Wisconsin
2Act .... (Assembly Bill 133): at the appropriate place, insert the following amounts
3for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
Note: This Section duplicates the appropriations made under the previous
Section to account for the repeal of all schedule entries upon the enactment of the
1999-2001 biennial budget.
AB533, s. 8
4Section
8
. 20.435 (3) (ft) of the statutes is created to read: