The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB923-ASA1,1,88
16.964
(10) (a) In this subsection:
AB923-ASA1,1,109
1. "County department" means a county department under s. 51.42 or 51.437
10that provides substance abuse treatment services.
AB923-ASA1,1,1111
2. "Violent offender" means a person to whom one of the following applies:
AB923-ASA1,2,4
1a. The person has been charged with or convicted of an offense in a pending case
2and, during the course of the offense, the person carried, possessed, or used a
3dangerous weapon, the person used force against another person, or a person died
4or suffered serious bodily harm.
AB923-ASA1,2,75
b. The person has one or more prior convictions for a felony involving the use
6or attempted use of force against another person with the intent to cause death or
7serious bodily harm.
AB923-ASA1,2,148
(b) The office shall make grants to county departments to enable them to
9establish and operate programs, including suspended and deferred prosecution
10programs and programs based on principles of restorative justice, that provide
11alternatives to prosecution and incarceration for criminal offenders who abuse
12alcohol or other drugs. The office shall make the grants from the appropriations
13under s. 20.505 (6) (e) and (kv). The office shall collaborate with the departments of
14corrections and health and family services in establishing this grant program.
AB923-ASA1,2,1615
(c) A county department shall be eligible for a grant under par. (b) if all of the
16following apply:
AB923-ASA1,2,2017
1. The county department's program is designed to meet the needs of a person
18who abuses alcohol or other drugs and who may be or has been charged with or who
19has been convicted of a crime in that county related to the person's use or abuse of
20alcohol or other drugs.
AB923-ASA1,2,2421
2. The program is designed to promote public safety, reduce prison and jail
22populations, reduce prosecution and incarceration costs, reduce recidivism, and
23improve the welfare of participants' families by meeting the comprehensive needs of
24participants.
AB923-ASA1,3,3
13. The program establishes eligibility criteria for a person's participation. The
2criteria shall specify that a violent offender is not eligible to participate in the
3program.
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4. The program is consistent with the best practices in substance abuse and
5mental health treatment and provides intensive case management.
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5. The program uses graduated sanctions and incentives to promote successful
7substance abuse treatment.
AB923-ASA1,3,138
6. The program provides holistic treatment to its participants and provides
9them services that may be needed, as determined under the program, to eliminate
10or reduce their use of alcohol or other drugs, improve their mental health, facilitate
11their gainful employment or enhanced education or training, provide them stable
12housing, facilitate family reunification, ensure payment of child support, and
13achieve other objectives selected under subd. 10.
AB923-ASA1,3,1814
7. The program is designed to integrate all mental health services provided to
15program participants by state and local government agencies and other
16organizations. The program shall require regular communication between a
17participant's substance abuse treatment providers and any probation, extended
18supervision, and parole agent assigned to the participant.
AB923-ASA1,3,2119
8. The program provides substance abuse and mental health treatment
20services through providers that are certified by the department of health and family
21services.
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9. The program requires participants to pay a reasonable amount for their
23treatment, based on their income and available assets.
AB923-ASA1,4,424
10. The program is developed with input from one or more circuit court judges,
25the district attorney, the state public defender, local law enforcement officials, the
1county department, other county agencies responsible for providing social services,
2including services relating to child welfare, mental health, and the Wisconsin works
3program, the departments of corrections and health and family services, private
4social services agencies, and substance abuse treatment providers.
AB923-ASA1,4,65
11. The county department complies with other eligibility requirements
6established by the office to promote the objectives listed in subds. 1. and 2.
AB923-ASA1,4,107
(d) If a county department for a county with a population of 500,000 or more
8applies for a grant from the office under par. (b), and the county department's
9program meets the requirements of par. (c), the office shall award the county
10department a grant under par. (b).
AB923-ASA1,4,2111
(f) 1. A county department that receives a grant under this subsection shall
12create an oversight committee to advise the county department in administering and
13evaluating its program. Each committee shall consist of a circuit court judge, the
14district attorney or his or her designee, the state public defender or his or her
15designee, a local law enforcement official, a representative of the county department,
16a representative of each other county agency responsible for providing social
17services, including services relating to child welfare, mental health, and the
18Wisconsin works program, representatives of the departments of corrections and
19health and family services, a representative from private social services agencies, a
20representative of substance abuse treatment providers, and other members to be
21determined by the county department.
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2. A county department that receives a grant under this subsection shall
23comply with state audits and shall submit an annual report to the office regarding
24the impact of the program on jail and prison populations.
AB923-ASA1,5,6
1(g) Two or more county departments may jointly apply for and receive a grant
2under this subsection. If county departments submit a joint application, they shall
3include with their application a written agreement specifying each county
4department's role in developing, administering, and evaluating the program. The
5oversight committee established under par. (c) shall consist of representatives from
6each county department.
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(gm) Grants provided under this subsection shall be provided on a calendar
8year basis beginning on January 1, 2005.
AB923-ASA1,5,109
(h) The office shall assist a county department receiving grants under this
10subsection in obtaining funding from other sources for its program.
AB923-ASA1,5,1411
(i) The office shall inform any county department that is applying for a grant
12under this subsection whether the county department meets the requirements
13established under par. (c), regardless of whether the county department receives a
14grant.
AB923-ASA1, s. 2
15Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
16the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB923-ASA1, s. 3
17Section
3. 20.505 (6) (e) of the statutes is created to read:
AB923-ASA1,6,3
120.505
(6) (e)
Alternatives to prosecution and incarceration for persons who use
2alcohol or other drugs. The amounts in the schedule for making grants to counties
3under s. 16.964 (10).
AB923-ASA1, s. 4
4Section
4. 20.505 (6) (kv) of the statutes is created to read:
AB923-ASA1,6,85
20.505
(6) (kv)
Grants for substance abuse treatment programs for criminal
6offenders. All moneys received from the departments of corrections and health and
7family services that are provided to enable the office to make grants to counties under
8s. 16.964 (10) for the purpose of making such grants.
AB923-ASA1, s. 5
9Section
5. 20.505 (6) (kv) of the statutes, as created by 2003 Wisconsin Act ....
10(this act), is repealed.
AB923-ASA1,7,2
12302.43 Good time. Every inmate of a county jail is eligible to earn good time
13in the amount of one-fourth of his or her term for good behavior if sentenced to at
14least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
15for time served prior to sentencing under s. 973.155, including good time under s.
16973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
17or refuses to perform any duty lawfully required of him or her, may be deprived by
18the sheriff of good time under this section, except that the sheriff shall not deprive
19the inmate of more than 2 days good time for any one offense without the approval
20of the court. An inmate who files an action or special proceeding, including a petition
21for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
22the number of days of good time specified in the court order prepared under s. 807.15
23(3).
This section does not apply to a person who is confined in the county jail in
24connection with his or her participation in a substance abuse treatment program
1that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
2assistance under s. 16.964 (10) (i).
AB923-ASA1, s. 7
3Section
7. 961.472 (5) of the statutes is repealed and recreated to read:
AB923-ASA1,7,54
961.472
(5) The court is not required to enter an order under sub. (2) if any of
5the following applies:
AB923-ASA1,7,76
(a) The court finds that the person is already covered by or has recently
7completed an assessment under this section or a substantially similar assessment.
AB923-ASA1,7,108
(b) The person is participating in a substance abuse treatment program that
9meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
10assistance under s. 16.964 (10) (i).
AB923-ASA1,7,16
12967.11 Alternatives to prosecution and incarceration; monitoring
13participants. (1) In this section, "approved substance abuse treatment program"
14means a substance abuse treatment program that meets the requirements of s.
1516.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10)
16(i).
AB923-ASA1,7,22
17(2) If a county department establishes an approved substance abuse treatment
18program and the program authorizes the use of electronic monitoring or day
19reporting programs, a court or a district attorney may require a person participating
20in an approved substance abuse treatment program to submit to electronic
21monitoring or to participate in a day reporting program as a condition of
22participation.
AB923-ASA1,8,3
1973.032
(6) Credit. Any sentence credit under s. 973.155 (1)
or (1m) applies
2toward service of the period under sub. (3) (a) but does not apply toward service of
3the period under sub. (3) (b).
AB923-ASA1,8,95
973.155
(1) (b) The categories in par. (a)
and sub. (1m) include custody of the
6convicted offender which is in whole or in part the result of a probation, extended
7supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
8(2) placed upon the person for the same course of conduct as that resulting in the new
9conviction.
AB923-ASA1,8,1511
973.155
(1m) A convicted offender shall be given credit toward the service of
12his or her sentence for all days spent in custody as part of a substance abuse
13treatment program that meets the requirements of s. 16.964 (10) (c), as determined
14by the office of justice assistance under s. 16.964 (10) (i) for any offense arising out
15of the course of conduct that led to the person's placement in that program.
AB923-ASA1,8,1917
973.155
(3) The credit provided in sub. (1)
or (1m) shall be computed as if the
18convicted offender had served such time in the institution to which he or she has been
19sentenced.
AB923-ASA1,9,221
(1)
The joint committee on finance may transfer funds under section 13.101 of
22the statutes from any appropriation under section 20.410 or 20.435 of the statutes
23that is of the type described in section 20.001 (2) (b), (c), or (e) of the statutes to the
24appropriation under section 20.505 (6) (kv) of the statutes, as created by this act. The
25committee need not make any of the findings specified in section 13.101 (3) (a) of the
1statutes in connection with any transfer under this subsection. This subsection does
2not apply after June 30, 2005.
AB923-ASA1,9,6
3(2
) By August 1, 2004, the office of justice assistance shall solicit proposals for
4grants under section 16.964 (10) of the statutes, as created by this act, for calendar
5year 2005. All such proposals shall be submitted to the office of justice assistance by
6November 1, 2004.
AB923-ASA1,9,12
7(3
) If any proposal submitted under subsection (2) meets the requirements
8established under section 16.964 (10) (c) of the statutes, as created by this act, the
9office of justice assistance and the departments of corrections and health and family
10services shall collaborate in determining whether implementation of the proposal
11may result in a reduction of their expenditures and whether there is any federal or
12state funding available to implement the proposal.
AB923-ASA1,9,21
13(4) Based on determinations made under subsection (3), the office of justice
14assistance shall submit a proposal to the joint committee on finance for the transfer
15of funds under subsection (1) or under section 13.101 of the statutes or both for the
16purpose of funding the grant program under section 16.964 (10) of the statutes, as
17created by this act. The proposal shall include a description of the determinations
18made under subsection (3) and shall specify the amounts that would be transferred
19for use as grants and for the administration of the grant program and the
20appropriations from and to which the funds would be transferred if the proposal were
21adopted.
AB923-ASA1,9,2423
(1)
The repeal of section 20.505 (6) (kv) of the statutes takes effect on July 1,
242005.