AB443: Bill Text

Restorative justice district attorney positions

Current law specifies that each county shall have one district attorney. Current law also authorizes the appointment of one or more deputy district attorneys for certain counties and, subject to the positions being requested by the department of administration (DOA), one or more assistant district attorneys for all counties. This bill authorizes one new assistant district attorney project position each for Dane County, Milwaukee County, and a third county (to be selected by the attorney general in consultation with the department of corrections (DOC)). The bill also requires the district attorney for each of those three counties to assign one assistant district attorney to be a restorative justice coordinator.

Under the bill, the restorative justice coordinator must establish restorative justice programs that provide support to the victim, facilitate the reintegration of the victim into community life, and provide a forum for an offender to: 1) meet with the victim; 2) discuss the impact of the offense on the victim or the community; 3) explore appropriate restorative responses by the offender; and 4) facilitate the reintegration of the offender into community life. The bill also requires each restorative justice coordinator to assist district attorneys in other counties in establishing restorative justice programs. The bill further requires each restorative justice coordinator to maintain records regarding restorative justice activities and to submit to DOA annual reports describing the restorative justice activities that each has undertaken, including the number of victims and offenders served, the types of crimes involved, and the rates of recidivism among offenders, served by restorative justice program. In addition, by October 1, 2004, the legislative audit bureau must conduct a quantitative and qualitative evaluation of the success of restorative justice programs in serving victims, offenders, and communities affected by crime and to report these findings to the legislature.

The assistant district attorney project positions created under the bill expire after June 30, 2005.

Establishment of the office of charitable choice implementation

The bill creates an office of charitable choice implementation (OCCI). Under the bill, OCCI is required to assist in the implementation of state and federal laws regarding nondiscrimination against religious organizations by doing all of the following: 1) providing information on laws regarding nondiscrimination against faith-based organizations in the provision of government services; 2) assisting government agencies in using the services of faith-based organizations in the provision of government services; and 3) compiling and providing to the public information on government services available through faith-based organizations. OCCI is to operate for three years, is to be attached to the department of administration, and is to be headed by an executive director. The executive director 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 executive director 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.

Nondiscrimination against religious organizations

Current law specifies that the department of health and family services (DHFS) and the department of workforce development may contract with or award grants to religious organizations on the same basis as they do with respect to any other nongovernmental provider. This bill similarly specifies that DOC and counties may contract with or award grants to religious organizations for use in the prevention of delinquency and crime and the rehabilitation of offenders. In particular, the bill: 1) specifies that if DOC or a county is authorized to distribute any grant to or contract with a nongovernmental entity, that nongovernmental entity (the grantee) can be a religious organization, as long as the programs are implemented consistently with the U.S. and Wisconsin constitutions; 2) prohibits DOC and counties from discriminating against an organization because the organization does or does not have a religious character or because of the specific religious nature of the organization; 3) specifies that a grantee retains its independence from federal, state, and local governments, including in its control over the definition, development, practice, and expression of its religious beliefs; 4) specifies that if an individual has an objection to the religious character of a grantee from which the individual would receive assistance from a program supported with funding administered by DOC or a county, DOC or the county must provide the individual assistance of equal value from an accessible nonreligious provider upon the individual's request; 5) requires DOC and counties to provide written information to individuals who are eligible for assistance regarding the availability of assistance from a nonreligious provider; 6) prohibits a grantee from discriminating against an individual in regard to rendering services, funded under any DOC or county program on the basis of religion, a religious belief or a refusal to actively participate in a religious practice; 7) specifies that any grantee is subject to the same laws and rules as other contractors and grantees regarding accounting in accordance with generally accepted auditing principles for the use of these funds; 8) prohibits any grantee from expending any of those funds for sectarian worship, instruction, or proselytization; and 9) requires every grantee providing crime prevention or rehabilitation assistance to eligible recipients to certify in writing that it has complied with the proscription against discrimination and the proscription against the expenditure of public funds for sectarian purposes.

Inmate AODA rehabilitation

Under current law, DOC must provide alcohol and other drug abuse (AODA) treatment programs at certain prisons. As is the case with other correctional services and programs, DOC may provide AODA treatment programs by contracting with a public or voluntary agency. This bill authorizes DOC to permit one or more nonprofit community-based organizations to operate an inmate rehabilitation program in DOC's Milwaukee AODA treatment facility if: 1) 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; 2) DOC determines that operation of the program is in the best interest of the inmates; and 3) the organization submits to DOC a detailed proposal for the operation of the program. The organization must also agree in writing: 1) not to receive compensation from DOC for services provided in the rehabilitation program; 2) not to deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief; 3) to permit an inmate to withdraw from participation in the program at any time; and 4) to provide community-based aftercare services for each inmate upon the inmate's release if he or she completes the program and resides in the area in which the organization is providing such services. In addition, if the organization promotes religious activity in connection with the program, DOC must allow all other religious organizations meeting the requirements of the bill to operate an inmate AODA program.

DOC must provide reasonable access to inmates by an organization operating an inmate rehabilitation program established under the bill and must 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. DOC, however, may not require an inmate to participate in an inmate rehabilitation program established under the bill, nor may it base any decision regarding an inmate's conditions of confinement on his or her participation or nonparticipation in such a program. The bill also provides that DOC may restrict an inmate's participation in such a program only if necessary for the security of the facility or the safety of the inmates or the public. In addition, 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 AODA.

The provisions described in this section of the analysis expire two years after an inmate rehabilitation program established under the bill begins operation.

Distribution of AODA funding

Under current law, DHFS administers various programs that provide funding for AODA intervention and treatment services. Under the bill, DHFS and DOC must: 1) develop one or more methods to evaluate the effectiveness of, and develop performance standards for, AODA intervention and treatment services that each department administers; 2) adopt policies to ensure that, to the extent possible under state and federal law, all funding for AODA intervention and treatment services that each of them administers is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for AODA services; 3) require every application for department funding for AODA intervention or treatment services to include a plan to evaluate the effectiveness of the services in reducing AODA by recipients of services; and 4) require recipients of AODA funding from each department to provide that department the results of its evaluation.

Establishment of a neighborhood organization incubator grant program

The bill authorizes DHFS to award a grant to a private nonprofit or public organization that is community based (an agency) to enable the agency to help neighborhood social service organizations secure funding and become more effective. As a condition of receiving the grant, the agency is required to: 1) provide information to neighborhood organizations about sources of public and private funding; 2) assist neighborhood organizations in obtaining funding and other assistance from public and private entities; 3) act as a liaison between the neighborhood organizations and the public and private funding sources; 4) provide appropriate training and professional development services to members of neighborhood organizations; 5) engage in outreach efforts to inform neighborhood organizations of the services available from the agency; 6) undertake other activities to facilitate the effectiveness and development of neighborhood organizations; and 7) submit to DHFS, within 90 days after spending the entire grant, a report detailing the use of the grant proceeds. This grant program sunsets on June 30, 2005.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB443, s. 1 Section 1. 15.01 (6) of the statutes is amended to read:

AB443,5,12 15.01 (6) "Division," "bureau," "section ," and "unit" means mean the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance and the office of charitable choice implementation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

AB443, s. 2 Section 2. 15.02 (3) (c) 1. of the statutes is amended to read:

AB443,6,8 15.02 (3) (c) 1. The principal subunit of the department is the "division".." Each division shall be headed by an "administrator".." The office of justice assistance and the office of charitable choice implementation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division," and the executive staff director of the office of justice assistance and the executive director heading the office of charitable choice implementation in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.

AB443, s. 3 Section 3. 15.105 (title) of the statutes is amended to read:

AB443,6,10 15.105 (title) Same; attached boards, commissions and office offices.

AB443, s. 4 Section 4 . 15.105 (28) of the statutes is created to read:

AB443,6,23 15.105 (28) Office of charitable choice implementation. There is created an office of charitable choice implementation, headed by the executive director, which is attached to the department of administration under s. 15.03. The executive director shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The executive director may not be a member of the board of directors of, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for contracts or grants under s. 59.54 (27) or 301.065. The executive director shall have experience relevant to the operation of nonprofit organizations or state or local government and shall have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations. This subsection does not apply after November 1, 2004.

AB443, s. 5 Section 5 . 16.235 of the statutes is created to read:

AB443,7,4 16.235 Office of charitable choice implementation. (1) The office of charitable choice implementation shall do all of the following to assist in the implementation of federal and state laws regarding nondiscrimination against religious organizations in the provision of government services:

AB443,7,7 (a) Provide information to state agencies, local governments, and other interested persons about laws regarding nondiscrimination against faith-based organizations in the provision of government services.

AB443,7,9 (b) Assist state and local governments in using the services of faith-based organizations in the provision of government services.

AB443,7,11 (c) Compile and provide to the public information on state and local government services available through faith-based organizations.

AB443,7,12 (2) This section does not apply after November 1, 2004.

AB443, s. 6 Section 6 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB443, s. 7 Section 7 . 20.435 (3) (ft) of the statutes is created to read:

AB443,8,3 20.435 (3) (ft) Neighborhood organization incubator grants. The amounts in the schedule for neighborhood organization incubator grants under s. 46.72.

AB443, s. 8 Section 8. 20.505 (4) (title) of the statutes is amended to read:

AB443,8,6 20.505 (4) (title) Attached divisions, boards, councils and, commissions and office.

AB443, s. 9 Section 9 . 20.505 (4) (em) of the statutes is created to read:

AB443,8,10 20.505 (4) (em) Office of charitable choice implementation. The amounts in the schedule for the general program operations of the office of charitable choice implementation.

AB443, s. 10 Section 10 . 46.03 (44) of the statutes is created to read:

AB443,8,15 46.03 (44) Performance evaluations for alcohol and other drug abuse intervention and treatment services. Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

AB443,8,18 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

AB443,9,5 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

AB443,9,9 (c) Requiring every application for funding from the department for alcohol and other drug abuse 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.

AB443,9,12 (d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).

AB443, s. 11 Section 11 . 46.72 of the statutes is created to read:

AB443,9,15 46.72 Neighborhood organization incubator grants. (1) Definitions. In this section:

AB443,9,17 (a) "Agency" means a private nonprofit or public organization that is community based.

AB443,9,20 (b) "Neighborhood organization" means a private nonprofit organization that is community based and that provides any of the following services or programs primarily to residents of the area in which the organization is located:

AB443,9,21 1. Crime prevention programs.

AB443,9,22 2. After-school and recreational programs for youth.

AB443,9,23 3. Child abuse and domestic abuse prevention services.

AB443,9,24 4. Alcohol and other drug abuse counseling and prevention services.

AB443,9,25 5. Programs for diversion of youth from gang activities.

AB443,10,1 6. Inmate and ex-offender rehabilitation or aftercare services.

AB443,10,5 (2) Grants. From the appropriation under s. 20.435 (3) (ft), the department shall award grants to agencies to enable them to provide services described under sub. (3) to neighborhood organizations. An agency application for a grant shall contain a plan detailing the proposed use of the grant.

AB443,10,7 (3) Requirements for grant recipients. An agency receiving a grant under this section shall do all of the following:

AB443,10,10 (a) Provide information to neighborhood organizations about funding and other assistance that may be available to neighborhood organizations from private and public entities.

AB443,10,12 (b) Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

AB443,10,14 (c) Act as a liaison between neighborhood organizations and public and private entities.

AB443,10,16 (d) Provide appropriate training and professional development services to members of neighborhood organizations.

AB443,10,18 (e) Engage in outreach to neighborhood organizations to inform them of the services available from the agency.

AB443,10,20 (f) Undertake other activities that will increase the effectiveness and facilitate the development of neighborhood organizations.

AB443,10,23 (4) Report. An agency receiving a grant under this section shall submit to the department within 90 days after spending the full amount of the grant a report detailing the actual use of the proceeds of the grant.

AB443,10,24 (5) Sunset. This section does not apply after June 30, 2005.

AB443, s. 12 Section 12. 59.54 (27) of the statutes is created to read:

AB443,11,2 59.54 (27) Religious organizations; contract powers. (a) Definition. In this subsection, "board" includes any department, as defined in s. 59.60 (2) (a).

AB443,11,9 (b) General purpose and authority. The purpose of this subsection is to allow the board to contract with, or award grants to, religious organizations, under any program administered by the county dealing with delinquency and crime prevention 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.

AB443,11,19 (c) Nondiscrimination against religious organizations. If the board is authorized to contract with a nongovernmental entity, or is authorized 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 board 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 par. (L), the board 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.

AB443,11,23 (d) Religious character and freedom. 1. The board shall allow a religious organization with which the board contracts or to which the board 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.

AB443,12,3 2. The board 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.

AB443,12,9 (e) Rights of beneficiaries of assistance. 1. If the board contracts with, or awards grants to, a religious organization for the provision of crime prevention or offender rehabilitation assistance under a program administered by the board, 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.

AB443,12,15 2. The board shall provide an individual who is otherwise eligible for assistance from an organization described under subd. 1. with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under subd. 1. and requests assistance from a nonreligious provider. The board 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.

AB443,12,19 (f) 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 board.

AB443,12,23 (g) 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 board on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.

AB443,13,3 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious organization that contracts with or receives a grant from the board 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.

AB443,13,6 2. If the religious organization segregates funds provided under programs administered by the board into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

AB443,13,9 (i) Compliance. Any party that seeks to enforce its rights under this subsection may bring a civil action for injunctive relief against the entity that allegedly commits the violation.

AB443,13,12 (j) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the board may be expended for sectarian worship, instruction, or proselytization.

AB443,13,19 (k) Certification of compliance. Every religious organization that contracts with or receives a grant from the county board 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 pars. (g) and (j) and submit to the board 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 pars. (g) and (j).

AB443,13,23 (L) Preemption. Nothing in this subsection 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. 13 Section 13. 230.08 (2) (e) 1. of the statutes is amended to read:

AB443,13,25 230.08 (2) (e) 1. Administration — 12 13.

AB443, s. 14 Section 14. 301.03 (2t) of the statutes is created to read:

AB443,14,4 301.03 (2t) (a) Develop one or more methods to evaluate the effectiveness of, and develop performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

AB443,14,9 (b) Adopt policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

AB443,14,13 (c) Require every application for funding from the department for alcohol and other drug abuse 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 the services.

AB443,14,16 (d) Require every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).

AB443, s. 15 Section 15 . 301.047 of the statutes is created to read: