LRB-2854/1
MGD:wlj:rs
2001 - 2002 LEGISLATURE
June 12, 2001 - Introduced by Representatives Jensen, Riley, Kestell, Walker,
Suder, Freese, Musser, Vrakas, Lippert, Townsend, Krawczyk, Ott, Hahn,
Ladwig, Albers, McCormick, Ainsworth, Pettis, Gunderson, Leibham,
Owens, Huebsch, Nass and Sykora, cosponsored by Senators Darling, Welch
and Roessler. Referred to Committee on Corrections and the Courts.
AB443,2,2
1An Act to repeal 301.047;
to amend 15.01 (6), 15.02 (3) (c) 1., 15.105 (title),
220.505 (4) (title), 230.08 (2) (e) 1., 302.11 (1g) (b) 2., 978.03 (3) and 978.05 (8) (b);
3to repeal and recreate 302.11 (1g) (b) 2.; and
to create 15.105 (28), 16.235,
420.435 (3) (ft), 20.505 (4) (em), 46.03 (44), 46.72, 59.54 (27), 301.03 (2t), 301.047,
5301.065 and 978.044 of the statutes;
relating to: authorizing the appointment
6of assistant district attorneys to provide restorative justice services;
7authorizing counties and the department of corrections to contract with
8religious organizations for the provision of services relating to delinquency and
9crime prevention and the rehabilitation of offenders; inmate rehabilitation;
10creating the office of charitable choice implementation; establishing a grant
1program for a neighborhood organization incubator; distributing funding for
2alcohol and other drug abuse services; and making appropriations.
Analysis by the Legislative Reference Bureau
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
1Section
1. 15.01 (6) of the statutes is amended to read:
AB443,5,122
15.01
(6) "Division," "bureau," "section
," and "unit"
means mean the subunits
3of a department or an independent agency, whether specifically created by law or
4created by the head of the department or the independent agency for the more
5economic and efficient administration and operation of the programs assigned to the
6department or independent agency. The office of justice assistance
and the office of
7charitable choice implementation in the department of administration and the office
8of credit unions in the department of financial institutions have the meaning of
9"division" under this subsection. The office of the long-term care ombudsman under
10the board on aging and long-term care and the office of educational accountability
11in the department of public instruction have the meaning of "bureau" under this
12subsection.
AB443, s. 2
13Section
2. 15.02 (3) (c) 1. of the statutes is amended to read:
AB443,6,8
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 charitable choice implementation 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
6assistance
and the executive director heading the office of charitable choice
7implementation in the department of administration and the director of credit
8unions have the meaning of "administrator" under this subdivision.
AB443, s. 3
9Section
3. 15.105 (title) of the statutes is amended to read:
AB443,6,10
1015.105 (title)
Same; attached boards, commissions and office offices.
AB443, s. 4
11Section
4
. 15.105 (28) of the statutes is created to read:
AB443,6,2312
15.105
(28) Office of charitable choice implementation. There is created an
13office of charitable choice implementation, headed by the executive director, which
14is attached to the department of administration under s. 15.03. The executive
15director shall be nominated by the governor, and with the advice and consent of the
16senate appointed, to serve at the pleasure of the governor. The executive director
17may not be a member of the board of directors of, be otherwise involved in the
18governance or control of, or be employed by any faith-based organization eligible for
19contracts or grants under s. 59.54 (27) or 301.065. The executive director shall have
20experience relevant to the operation of nonprofit organizations or state or local
21government and shall have a demonstrated understanding of state and federal laws
22regarding nondiscrimination against religious organizations. This subsection does
23not apply after November 1, 2004.
AB443, s. 5
24Section
5
. 16.235 of the statutes is created to read:
AB443,7,4
116.235 Office of charitable choice implementation.
(1) The office of
2charitable choice implementation shall do all of the following to assist in the
3implementation of federal and state laws regarding nondiscrimination against
4religious organizations in the provision of government services:
AB443,7,75
(a) Provide information to state agencies, local governments, and other
6interested persons about laws regarding nondiscrimination against faith-based
7organizations in the provision of government services.
AB443,7,98
(b) Assist state and local governments in using the services of faith-based
9organizations in the provision of government services.
AB443,7,1110
(c) Compile and provide to the public information on state and local government
11services available through faith-based organizations.
AB443,7,12
12(2) This section does not apply after November 1, 2004.
AB443, s. 6
13Section
6
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
14the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB443, s. 7
1Section
7
. 20.435 (3) (ft) of the statutes is created to read:
AB443,8,32
20.435
(3) (ft)
Neighborhood organization incubator grants. The amounts in
3the schedule for neighborhood organization incubator grants under s. 46.72.
AB443, s. 8
4Section
8. 20.505 (4) (title) of the statutes is amended to read:
AB443,8,65
20.505
(4) (title)
Attached divisions, boards, councils and, commissions and
6office.
AB443, s. 9
7Section
9
. 20.505 (4) (em) of the statutes is created to read:
AB443,8,108
20.505
(4) (em)
Office of charitable choice implementation. The amounts in the
9schedule for the general program operations of the office of charitable choice
10implementation.
AB443, s. 10
11Section
10
. 46.03 (44) of the statutes is created to read:
AB443,8,1512
46.03
(44) Performance evaluations for alcohol and other drug abuse
13intervention and treatment services. Promote efficient use of resources for alcohol
14and other drug abuse intervention and treatment services by doing all of the
15following:
AB443,8,1816
(a) Developing one or more methods to evaluate the effectiveness of, and
17developing performance standards for, alcohol and other drug abuse intervention
18and treatment services that are administered by the department.
AB443,9,5
1(b) Adopting policies to ensure that, to the extent possible under state and
2federal law, funding for alcohol and other drug abuse intervention and treatment
3services that are administered by the department is distributed giving primary
4consideration to the effectiveness of the services in meeting department performance
5standards for alcohol and other drug abuse services.
AB443,9,96
(c) Requiring every application for funding from the department for alcohol and
7other drug abuse intervention or treatment services to include a plan for the
8evaluation of the effectiveness of the services in reducing alcohol and other drug
9abuse by recipients of services.
AB443,9,1210
(d) Requiring every person receiving funding from the department for alcohol
11and other drug abuse intervention or treatment services to provide the department
12the results of the evaluation conducted under par. (c).
AB443, s. 11
13Section
11
. 46.72 of the statutes is created to read:
AB443,9,15
1446.72 Neighborhood organization incubator grants. (1) Definitions. In
15this section:
AB443,9,1716
(a) "Agency" means a private nonprofit or public organization that is
17community based.
AB443,9,2018
(b) "Neighborhood organization" means a private nonprofit organization that
19is community based and that provides any of the following services or programs
20primarily to residents of the area in which the organization is located:
AB443,9,2121
1. Crime prevention programs.
AB443,9,2222
2. After-school and recreational programs for youth.
AB443,9,2323
3. Child abuse and domestic abuse prevention services.
AB443,9,2424
4. Alcohol and other drug abuse counseling and prevention services.
AB443,9,2525
5. Programs for diversion of youth from gang activities.
AB443,10,1
16. Inmate and ex-offender rehabilitation or aftercare services.
AB443,10,5
2(2) Grants. From the appropriation under s. 20.435 (3) (ft), the department
3shall award grants to agencies to enable them to provide services described under
4sub. (3) to neighborhood organizations. An agency application for a grant shall
5contain a plan detailing the proposed use of the grant.
AB443,10,7
6(3) Requirements for grant recipients. An agency receiving a grant under
7this section shall do all of the following:
AB443,10,108
(a) Provide information to neighborhood organizations about funding and other
9assistance that may be available to neighborhood organizations from private and
10public entities.
AB443,10,1211
(b) Assist neighborhood organizations in obtaining funding and other
12assistance from public and private entities.
AB443,10,1413
(c) Act as a liaison between neighborhood organizations and public and private
14entities.
AB443,10,1615
(d) Provide appropriate training and professional development services to
16members of neighborhood organizations.
AB443,10,1817
(e) Engage in outreach to neighborhood organizations to inform them of the
18services available from the agency.
AB443,10,2019
(f) Undertake other activities that will increase the effectiveness and facilitate
20the development of neighborhood organizations.
AB443,10,23
21(4) Report. An agency receiving a grant under this section shall submit to the
22department within 90 days after spending the full amount of the grant a report
23detailing the actual use of the proceeds of the grant.
AB443,10,24
24(5) Sunset. This section does not apply after June 30, 2005.
AB443, s. 12
25Section
12. 59.54 (27) of the statutes is created to read:
AB443,11,2
159.54
(27) Religious organizations; contract powers. (a)
Definition. In this
2subsection, "board" includes any department, as defined in s. 59.60 (2) (a).
AB443,11,93
(b)
General purpose and authority. The purpose of this subsection is to allow
4the board to contract with, or award grants to, religious organizations, under any
5program administered by the county dealing with delinquency and crime prevention
6or the rehabilitation of offenders, on the same basis as any other nongovernmental
7provider, without impairing the religious character of such organizations and
8without diminishing the religious freedom of beneficiaries of assistance funded
9under such program.
AB443,11,1910
(c)
Nondiscrimination against religious organizations. If the board is
11authorized to contract with a nongovernmental entity, or is authorized to award
12grants to a nongovernmental entity, religious organizations are eligible, on the same
13basis as any other private organization, to be contractors and grantees under any
14program administered by the board so long as the programs are implemented
15consistently with the first amendment to the U.S. Constitution and article I, section
1618, of the Wisconsin constitution. Except as provided in par. (L), the board may not
17discriminate against an organization that is or applies to be a contractor or grantee
18on the basis that the organization does or does not have a religious character or
19because of the specific religious nature of the organization.
AB443,11,2320
(d)
Religious character and freedom. 1. The board shall allow a religious
21organization with which the board contracts or to which the board awards a grant
22to retain its independence from government, including the organization's control
23over the definition, development, practice, and expression of its religious beliefs.
AB443,12,3
12. The board may not require a religious organization to alter its form of
2internal governance or to remove religious art, icons, scripture, or other symbols to
3be eligible for a contract or grant.
AB443,12,94
(e)
Rights of beneficiaries of assistance. 1. If the board contracts with, or
5awards grants to, a religious organization for the provision of crime prevention or
6offender rehabilitation assistance under a program administered by the board, an
7individual who is eligible for this assistance shall be informed in writing that
8assistance of equal value and accessibility is available from a nonreligious provider
9upon request.