AB443: Bill Text

AB443,15,9 3. A statement of the qualifications of the individuals providing services.

AB443,15,11 4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.

AB443,15,12 5. A statement of the goals of the program.

AB443,15,14 6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under subd. 5.

AB443,15,15 7. Any other information specified by the department.

AB443,15,17 (b) An organization seeking to operate a rehabilitation program under sub. (1) shall agree in writing to all of the following:

AB443,15,19 1. The organization may not receive compensation from the department for services provided in the rehabilitation program.

AB443,15,21 2. 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.

AB443,15,22 3. An inmate may stop participating in the program at any time.

AB443,15,25 4. 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 geographic area described in par. (a) 1.

AB443,16,3 (3) Duties and authority of the department. (a) The department shall establish policies that provide an organization operating a rehabilitation program under sub. (1) reasonable access to inmates.

AB443,16,7 (b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.

AB443,16,9 (c) The department may not require an inmate to participate in a rehabilitation program under sub. (1).

AB443,16,13 (d) The department 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 decision to participate or not to participate in a rehabilitation program under sub. (1).

AB443,16,17 (e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement, and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under sub. (1) and inmates who do not participate in such a program.

AB443,16,20 (f) The department may restrict an inmate's participation in a rehabilitation program under sub. (1) only if the restriction is necessary for the security of the facility or the safety of the inmates or the public.

AB443,17,2 (g) The department may suspend or terminate operation of a rehabilitation program under sub. (1) if the organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department 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 is in the best interests of the inmates.

AB443,17,8 (h) 1. Except as provided in subd. 2., if an organization operating a rehabilitation program under sub. (1) promotes or informs the department that the organization intends to promote sectarian worship, instruction, or proselytization in connection with the rehabilitation program, the department shall permit all other religious organizations meeting the requirements of this section to operate an inmate rehabilitation program under sub. (1).

AB443,17,13 2. The department is not required under subd. 1. to permit a religious organization to operate an inmate rehabilitation program under sub. (1) if the department determines that the organization's operation of that program constitutes a threat to the security of the facility or the safety of the inmates or the public.

AB443,17,22 (4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of a rehabilitation program operated under sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date of the notice published under 2001 Wisconsin Act .... (this act), section 24, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

AB443,18,2 (5) Suspension or termination of an inmate's participation. Notwithstanding sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) 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.

AB443, s. 16 Section 16 . 301.047 of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB443, s. 17 Section 17. 301.065 of the statutes is created to read:

AB443,18,13 301.065 Religious organizations; contract powers. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department relating to the prevention of delinquency and crime or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB443,18,23 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the department so long as the programs are implemented consistently with the first amendment to the U.S. Constitution and article I, section 18, of the Wisconsin constitution. Except as provided in sub. (11), the department may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

AB443,19,3 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.

AB443,19,6 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.

AB443,19,12 (4) Rights of beneficiaries of assistance. (a) If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.

AB443,19,19 (b) The department shall provide an individual who is otherwise eligible for assistance from an organization described under par. (a) with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under par. (a) and requests assistance from a nonreligious provider. The department shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.

AB443,19,23 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB443,20,2 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the department on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.

AB443,20,7 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.

AB443,20,10 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

AB443,20,13 (8) Compliance. Any party that seeks to enforce its rights under this section may bring a civil action for injunctive relief against the entity that allegedly commits the violation.

AB443,20,16 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction, or proselytization.

AB443,20,23 (10) Certification of compliance. Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6) and (9) and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6) and (9).

AB443,21,2 (11) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin constitution, or any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.

AB443, s. 18 Section 18. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB443,21,10 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

AB443, s. 19 Section 19 . 302.11 (1g) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB443,21,17 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a).

AB443, s. 20 Section 20. 978.03 (3) of the statutes is amended to read:

AB443,21,24 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in s. ss. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

AB443, s. 21 Section 21 . 978.044 of the statutes is created to read:

AB443,22,2 978.044 Assistants to perform restorative justice services. (1) Definitions. In this section:

AB443,22,3 (a) "Crime" has the meaning given in s. 950.02 (1m).

AB443,22,6 (b) "Offender" means an individual who is, or could be, charged with committing a crime or who is, or could be, the subject of a petition under ch. 938 alleging that he or she has committed a crime.

AB443,22,7 (c) "Victim" has the meaning given in s. 950.02 (4).

AB443,22,12 (2) Duties. The district attorneys of Dane and Milwaukee counties and of the county selected under sub. (4) shall each assign one assistant district attorney in his or her prosecutorial unit to be a restorative justice coordinator. An assistant district attorney assigned under this subsection to be a restorative justice coordinator shall do all the following:

AB443,22,16 (a) Establish restorative justice programs that provide support to the victim, help reintegrate the victim into community life, and provide a forum where an offender may meet with the victim or engage in other activities to do all of the following:

AB443,22,17 1. Discuss the impact of the offender's crime on the victim or on the community.

AB443,22,18 2. Explore potential restorative responses by the offender.

AB443,22,19 3. Provide methods for reintegrating the offender into community life.

AB443,22,21 (b) Provide assistance to the district attorney in other counties relating to the establishment of restorative justice programs, as described in par. (a).

AB443,22,22 (c) Maintain a record of all of the following:

AB443,22,24 1. The amount of time spent implementing the requirements of pars. (a) and (b).

AB443,23,2 2. The number of victims and offenders served by programs established under par. (a).

AB443,23,3 3. The types of offenses addressed by programs established under par. (a).

AB443,23,6 4. The rate of recidivism among offenders served by programs established under par. (a) compared to the rate of recidivism by offenders not served by such programs.

AB443,23,12 (3) Report to department of administration. Annually, on a date specified by the department of administration, the district attorneys of Dane and Milwaukee counties and of the county selected under sub. (4) shall each submit to the department of administration a report summarizing the records under sub. (2) (c) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this subsection by the district attorney.

AB443,23,15 (4) Selection of 3rd county. The attorney general, in consultation with the department of corrections, shall select a county other than Dane or Milwaukee county in which restorative justice services are to be provided under sub. (2).

AB443,23,16 (5) Expiration. This section does not apply after June 30, 2005.

AB443, s. 22 Section 22. 978.05 (8) (b) of the statutes is amended to read:

AB443,24,2 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s. ss. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

AB443, s. 23 Section 23 . Nonstatutory provisions; administration.

AB443,24,12 (1) Assistant district attorneys for restorative justice services. The authorized FTE positions for the department of administration are increased by 3.0 GPR project positions for the period beginning on January 1, 2002, and ending on December 31, 2005, to be funded from the appropriation under section 20.475 (1) (d) of the statutes, for the purpose of providing one assistant district attorney for Dane County, one assistant district attorney for Milwaukee County, and one assistant district attorney for the county selected under section 978.044 (4) of the statutes, as created by this act, to perform restorative justice services under section 978.044 of the statutes, as created by this act.

AB443,24,18 (2) Office of charitable choice implementation. The authorized FTE positions for the department of administration are increased by 1.0 GPR project position to be funded from the appropriation under section 20.505 (4) (em) of the statutes, as created by this act, for the purpose of administering the office of charitable choice implementation under section 15.105 (28) of the statutes, as created by this act, beginning on November 1, 2001, and ending on October 31, 2004.

AB443, s. 24 Section 24 . Nonstatutory provisions; corrections.

AB443,24,25 (1) Certification regarding inmate rehabilitation program. No more than 7 days after an inmate begins receiving services through a program established under section 301.047 (1) of the statutes, as created by this act, the department of corrections shall certify to the revisor of statutes that the program has commenced operations. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin Administrative Register of that fact.

AB443, s. 25 Section 25. Nonstatutory provisions; legislative audit bureau.

AB443,25,9 (1) Evaluation and report to legislature. By October 1, 2004, the legislative audit bureau shall evaluate, on a quantitative and qualitative basis, the success of restorative justice programming in Dane and Milwaukee counties and the county selected under section 978.044 (4) of the statutes, as created by this act, in serving victims, offenders, and communities affected by crime and shall report its findings to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.

AB443, s. 26 Section 26 . Appropriation changes; administration.

AB443,25,16 (1) Assistant district attorneys for restorative justice services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.475 (1) (d) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $151,500 for fiscal year 2001-02 and the dollar amount is increased by $151,500 for fiscal year 2002-03 to fund 3.0 FTE GPR project positions authorized under Section 23 (1 ) of this act.

AB443, s. 27 Section 27. Effective dates. This act takes effect on the day after publication, or the 2nd day after publication of the 2001-03 biennial budget act, whichever is later, except as follows:

AB443,25,22 (1) The repeal of section 301.047 of the statutes and the repeal and recreation of section 302.11 (1g) (b) 2. of the statutes take effect on the first day of the 25th month beginning after the certification described in Section 24 of this act occurs.

AB443,25,24 (2) The treatment of sections 978.03 (3), 978.044, and 978.05 (8) (b) of the statutes and Section 23 (1) of this act take effect on January 1, 2002.

AB443,25,25 (End)