(f) Two or more counties may jointly apply for and receive a grant under this subsection. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (e) 1. shall consist of representatives from each county.
(g) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2007. If the office decides to make a grant to a county under this subsection, the office shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.
(h) The office shall assist a county receiving a grant under this subsection in obtaining funding from other sources for its program.
(i) The office shall inform any county that is applying for a grant under this subsection whether the county meets the requirements established under par. (c), regardless of whether the county receives a grant.
(j) The office shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent of the amount awarded as grants under par. (b).
(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.".
2.
Page 341, line 17: after that line insert:
"SECTION 327m. 20.435 (6) (gb) of the statutes is amended to read:
20.435 (6) (gb) Alcohol and drug abuse initiatives. All moneys received under s. 961.41 (5) (c) 1., to be expended on programs providing prevention, intervention, and treatment for alcohol and other drug abuse problems.".
3.
Page 365, line 16: after that line insert:
"SECTION 414m. 20.505 (6) (b) of the statutes is created to read:
20.505 (6) (b) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs. The amounts in the schedule for making grants to counties under s. 16.964 (12) (b) and entering into contracts under s. 16.964 (12) (j).".
4.
Page 365, line 21: after that line insert:
"SECTION 416m. 20.505 (6) (ku) of the statutes is created to read:
20.505 (6) (ku) Grants for substance abuse treatment programs for criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose of making grants to counties under s. 16.964 (12) (b) and entering into contracts under s. 16.964 (12) (j).".
5.
Page 456, line 15: after "973.046" insert ", the drug offender diversion surcharge under s. 973.043,".
6.
Page 1004, line 25: after "973.046" insert ", the drug offender diversion surcharge under s. 973.043,".
7.
Page 1007, line 20: after "973.046," insert "the drug offender diversion surcharge under s. 973.043,".
8.
Page 1007, line 22: after "disbursements." insert "The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.".
9.
Page 1008, line 3: delete "and" and substitute "and".
10.
Page 1008, line 3: delete "and".
11.
Page 1008, line 4: after "973.046," insert "and the drug offender diversion surcharge under s. 973.043,".
12.
Page 1008, line 5: after that line insert:
"SECTION 2233m. 302.43 of the statutes is amended to read:
302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (j).".
13.
Page 1008, line 17: after "law." insert "The department may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.".
14.
Page 1008, line 18: after that line insert:
"SECTION 2236m. 303.01 (8) (c) 8. of the statutes is created to read:
303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.".
15.
Page 1008, line 25: after that line insert:
"SECTION 2241m. 303.065 (5) (cm) of the statutes is created to read:
303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.".
16.
Page 1047, line 18: after that line insert:
"SECTION 2449m. 814.75 (11) of the statutes is created to read:
814.75 (11) The drug offender diversion surcharge under s. 973.043.".
17.
Page 1047, line 21: after that line insert:
"SECTION 2450m. 814.76 (9) of the statutes is created to read:
814.76 (9) The drug offender diversion surcharge under s. 973.043.".
18.
Page 1053, line 3: after that line insert:
"SECTION 2467c. 961.41 (5) (a) of the statutes is amended to read:
961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% 75 percent of the fine and penalty surcharge imposed.
SECTION 2467d. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. (intro.) and amended to read:
961.41 (5) (c) 1. (intro.) All of the following moneys collected from drug surcharges under this subsection shall be deposited by the secretary of administration in and utilized in accordance with credited to the appropriation account under s. 20.435 (6) (gb).:
SECTION 2467e. 961.41 (5) (c) 1. a. of the statutes is created to read:
961.41 (5) (c) 1. a. For fiscal year 2005-06, all of the first $1,038,600 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.
SECTION 2467f. 961.41 (5) (c) 1. b. of the statutes is created to read:
961.41 (5) (c) 1. b. For fiscal year 2006-07, all of the first $1,044,300 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.
SECTION 2467g. 961.41 (5) (c) 1. of the statutes, as affected by 2005 Wisconsin Act .... [this act], is repealed and recreated to read:
961.41 (5) (c) 1. Two-thirds of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).
SECTION 2467i. 961.41 (5) (c) 2. of the statutes is created to read:
961.41 (5) (c) 2. All of the following moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku):
a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600 from drug surcharges under this subsection during that fiscal year until the first $1,528,600 has been collected plus one-third of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.
b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300 from drug surcharges under this subsection during that fiscal year until the first $1,534,300 has been collected plus one-third of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.
SECTION 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin Act .... [this act], is repealed and recreated to read:
961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).
SECTION 2467m. 961.472 (5) of the statutes is repealed and recreated to read:
961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:
(a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.
(b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).
SECTION 2467p. 967.11 of the statutes is created to read:
967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).
(2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.
SECTION 2467s. 973.032 (6) of the statutes is amended to read:
973.032 (6) CREDIT. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).
SECTION 2467x. 973.043 of the statutes is created to read:
973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after the first day of the 3rd month beginning after the effective date of this subsection .... [revisor inserts date], the court shall impose a drug offender diversion surcharge of $10 for each conviction.
(2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.
(3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) and used for the purpose of making grants to counties under s. 16.964 (12).
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.".
19.
Page 1054, line 15: after "full," insert "shall then be applied to the drug offender diversion surcharge until paid in full,".
20.
Page 1055, line 21: after that line insert:
"SECTION 2475g. 973.155 (1) (b) of the statutes is amended to read:
973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.
SECTION 2475m. 973.155 (1m) of the statutes is created to read:
973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out of the course of conduct that led to the person's placement in that program.
SECTION 2475r. 973.155 (3) of the statutes is amended to read:
973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the convicted offender had served such time in the institution to which he or she has been sentenced.".
21.
Page 1082, line 16: after that line insert:
"(13g) REPORT REGARDING EVIDENCE-BASED PRACTICES FOR TREATMENT IN DRUG OFFENDER DIVERSION PROGRAMS. By December 31, 2006, the department of health and family services shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes, regarding how it determined, under section 16.964 (12) (c) 4. of the statutes, as created by this act, what are the evidence-based practices in substance abuse and mental health treatment.".
22.
Page 1122, line 2: after that line insert:
"(2r) ALLOCATION OF DRUG ABUSE PROGRAM IMPROVEMENT SURCHARGE. The repeal and recreation of section 961.41 (5) (c) 2. of the statutes takes effect on July 1, 2007.".
23.
Page 1125, line 25: after that line insert:
"(11q) ALLOCATION OF DRUG ABUSE PROGRAM IMPROVEMENT SURCHARGE. The repeal and recreation of section 961.41 (5) (c) 1. of the statutes takes effect on July 1, 2007.".
(End)
LRBb0286LRBb0286/3
GMM:cjs:pg
2005 - 2006 LEGISLATURE
LFB:......Bauer - Correctional health care staffing
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1072, line 5: after that line insert:
"(2r) CORRECTIONAL HEALTH CARE SERVICES. By January 2, 2006, the department of corrections shall submit to the cochairpersons of the joint committee on finance a plan regarding the manner in which that department will manage the delivery of adult correctional health care services and the cost of delivering those services in fiscal year 2006-07. The plan shall include a review of the practice of correctional officers delivering controlled medications to prisoners and recommended alternatives to that practice. If the plan calls for contracting for the delivery of adult correctional health care services, the plan shall specify the provisions of the proposed contract and the costs under the proposed contract. If the plan calls for the department of corrections to deliver adult correctional health care services, the plan shall specify how that department will address the needs of the adult correctional health care services delivery system.".
