AB275,3,32
16.964
(10) (a) In this subsection, "violent offender" means a person to whom
3one of the following applies:
AB275,3,74
1. The person has been charged with or convicted of an offense in a pending case
5and, during the course of the offense, the person carried, possessed, or used a
6dangerous weapon, the person used force against another person, or a person died
7or suffered serious bodily harm.
AB275,3,108
2. The person has one or more prior convictions for a felony involving the use
9or attempted use of force against another person with the intent to cause death or
10serious bodily harm.
AB275,4,511
(b) The office shall make grants to counties to enable them to establish and
12operate programs, including suspended and deferred prosecution programs and
1programs based on principles of restorative justice, that provide alternatives to
2prosecution and incarceration for criminal offenders who abuse alcohol or other
3drugs. The office shall make the grants from the appropriations under s. 20.505 (6)
4(e) and (kv). The office shall collaborate with the departments of corrections and
5health and family services in establishing this grant program.
AB275,4,76
(c) A county shall be eligible for a grant under par. (b) if all of the following
7apply:
AB275,4,118
1. The county's program is designed to meet the needs of a person who abuses
9alcohol or other drugs and who may be or has been charged with or who has been
10convicted of a crime in that county related to the person's use or abuse of alcohol or
11other drugs.
AB275,4,1512
2. The program is designed to promote public safety, reduce prison and jail
13populations, reduce prosecution and incarceration costs, reduce recidivism, and
14improve the welfare of participants' families by meeting the comprehensive needs of
15participants.
AB275,4,1816
3. The program establishes eligibility criteria for a person's participation. The
17criteria shall specify that a violent offender is not eligible to participate in the
18program.
AB275,4,2219
4. Services provided under the program are consistent with evidence-based
20practices in substance abuse and mental health treatment, as determined by the
21department of health and family services, and the program provides intensive case
22management.
AB275,4,2423
5. The program uses graduated sanctions and incentives to promote successful
24substance abuse treatment.
AB275,5,6
16. The program provides holistic treatment to its participants and provides
2them services that may be needed, as determined under the program, to eliminate
3or reduce their use of alcohol or other drugs, improve their mental health, facilitate
4their gainful employment or enhanced education or training, provide them stable
5housing, facilitate family reunification, ensure payment of child support, and
6increase the payment of other court-ordered obligations.
AB275,5,137
7. The program is designed to integrate all mental health services provided to
8program participants by state and local government agencies and other
9organizations. The program shall require regular communication among a
10participant's substance abuse treatment providers, other service providers, the case
11manager, and any person designated under the program to monitor the person's
12compliance with his or her obligations under the program and any probation,
13extended supervision, and parole agent assigned to the participant.
AB275,5,1614
8. The program provides substance abuse and mental health treatment
15services through providers that are certified by the department of health and family
16services.
AB275,5,2017
9. The program requires participants to pay a reasonable amount for their
18treatment, based on their income and available assets, and pursues and uses all
19possible resources available through insurance and federal, state, and local aid
20programs, including cash, vouchers, and direct services.
AB275,6,221
10. The program is developed with input from, and implemented in
22collaboration with, one or more circuit court judges, the district attorney, the state
23public defender, local law enforcement officials, county agencies responsible for
24providing social services, including services relating to alcohol and other drug
25addiction, child welfare, mental health, and the Wisconsin works program, the
1departments of corrections and health and family services, private social services
2agencies, and substance abuse treatment providers.
AB275,6,43
11. The county complies with other eligibility requirements established by the
4office to promote the objectives listed in subds. 1. and 2.
AB275,6,75
(d) In implementing a program that meets the requirements of par. (c), a county
6department may contract with or award grants to a religious organization under s.
759.54 (27).
AB275,6,178
(e) 1. A county that receives a grant under this subsection shall create an
9oversight committee to advise the county in administering and evaluating its
10program. Each committee shall consist of a circuit court judge, the district attorney
11or his or her designee, the state public defender or his or her designee, a local law
12enforcement official, a representative of the county, a representative of each other
13county agency responsible for providing social services, including services relating
14to child welfare, mental health, and the Wisconsin Works program, representatives
15of the departments of corrections and health and family services, a representative
16from private social services agencies, a representative of substance abuse treatment
17providers, and other members to be determined by the county.
AB275,6,2118
2. A county that receives a grant under this subsection shall comply with state
19audits and shall submit an annual report to the office and to the oversight committee
20created under subd. 1. regarding the impact of the program on jail and prison
21populations and its progress in attaining the goals specified in par. (c) 2. and 6.
AB275,7,222
(f) Two or more counties may jointly apply for and receive a grant under this
23subsection. If counties submit a joint application, they shall include with their
24application a written agreement specifying each county department's role in
1developing, administering, and evaluating the program. The oversight committee
2established under par. (e) 1. shall consist of representatives from each county.
AB275,7,73
(g) Grants provided under this subsection shall be provided on a calendar year
4basis beginning on January 1, 2007. If the office decides to make a grant to a county
5under this subsection, the office shall notify the county of its decision and the amount
6of the grant no later than September 1 of the year preceding the year for which the
7grant will be made.
AB275,7,98
(h) The office shall assist a county receiving a grant under this subsection in
9obtaining funding from other sources for its program.
AB275,7,1210
(i) The office shall inform any county that is applying for a grant under this
11subsection whether the county meets the requirements established under par. (c),
12regardless of whether the county receives a grant.
AB275,7,1613
(j) The office shall enter into one or more contracts with another person for the
14purpose of evaluating the grant program established under this subsection. The
15office shall fund such contracts from moneys appropriated under s. 20.505 (6) (e) and
16(kv) with 1 percent of the amount awarded as grants under par. (b).
AB275,7,2317
(k) By December 31, 2011, the office, in collaboration with the departments of
18corrections and health and family services, shall submit a report to the chief clerk
19of each house of the legislature, for distribution to the appropriate standing
20committees under section 13.172 (3), regarding savings that have been generated
21through the implementation of the grant program. The report shall also include
22recommendations regarding how the grant program should be structured in the
23future.
AB275, s. 2
24Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
25the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB275, s. 3
1Section
3. 20.435 (6) (gb) of the statutes is amended to read:
AB275,8,42
20.435
(6) (gb)
Alcohol and drug abuse initiatives. All moneys received under
3s. 961.41 (5) (c)
1., to be expended on programs providing prevention, intervention,
4and treatment for alcohol and other drug abuse problems.
AB275, s. 4
5Section
4. 20.505 (6) (e) of the statutes is created to read:
AB275,8,86
20.505
(6) (e)
Alternatives to prosecution and incarceration for persons who use
7alcohol or other drugs. The amounts in the schedule for making grants to counties
8under s. 16.964 (10) (b) and entering into contracts under s. 16.964 (10) (j).
AB275, s. 5
9Section
5. 20.505 (6) (kv) of the statutes is created to read:
AB275,8,1310
20.505
(6) (kv)
Grants for substance abuse treatment programs for criminal
11offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose
12of making grants to counties under s. 16.964 (10) (b) and entering into contracts
13under s. 16.964 (10) (j).
AB275, s. 6
14Section
6. 46.07 of the statutes is amended to read:
AB275,9,14
1546.07 Property of patients or residents. All money including wages and
16other property delivered to an officer or employee of any institution for the benefit
17of a patient or resident shall forthwith be delivered to the steward, who shall enter
18the same upon the steward's books to the credit of the patient or resident. The
1property shall be used only under the direction and with the approval of the
2superintendent and for the crime victim and witness assistance surcharge under s.
3973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
4(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046
, the drug
5offender diversion surcharge under s. 973.043, or the benefit of the patient or
6resident. If the money remains uncalled for for one year after the patient's or
7resident's death or departure from the institution, the superintendent shall deposit
8the same in the general fund. If any patient or resident leaves property, other than
9money, uncalled for at an institution for one year, the superintendent shall sell the
10property, and the proceeds shall be deposited in the general fund. If any person
11satisfies the department, within 5 years after the deposit, of his or her right to the
12deposit, the department shall direct the department of administration to draw its
13warrant in favor of the claimant and it shall charge the same to the appropriation
14made by s. 20.913 (3) (c).
AB275, s. 7
15Section
7. 301.32 (1) of the statutes is amended to read:
AB275,9,2516
301.32
(1) Property delivered to
warden or superintendent; credit and debit. 17All money and other property delivered to an employee of any state correctional
18institution for the benefit of a prisoner or resident shall be delivered to the warden
19or superintendent, who shall enter the property upon his or her accounts to the credit
20of the prisoner or resident. The property may be used only under the direction and
21with the approval of the superintendent or warden and for the crime victim and
22witness assistance surcharge under s. 973.045 (4), the delinquency victim and
23witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
24analysis surcharge under s. 973.046
, the drug offender diversion surcharge under s.
25973.043, or the benefit of the prisoner or resident. If the money remains uncalled for
1for one year after the prisoner's or resident's death or departure from the state
2correctional institution, the superintendent shall deposit it in the general fund. If
3any prisoner or resident leaves property, other than money, uncalled for at a state
4correctional institution for one year, the superintendent shall sell the property and
5deposit the proceeds in the general fund, donate the property to a public agency or
6private, nonprofit organization or destroy the property. If any person satisfies the
7department, within 5 years after the deposit, of his or her right to the deposit, the
8department shall direct the department of administration to draw its warrant in
9favor of the claimant and it shall charge the same to the appropriation made by s.
1020.913 (3) (bm).
AB275, s. 8
11Section
8. 302.12 (2) of the statutes is amended to read:
AB275,10,1912
302.12
(2) Money accruing under this section remains under the control of the
13department, to be used for the crime victim and witness assistance surcharge under
14s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046
, the
15drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or
16the inmate's family or dependents, under rules promulgated by the department as
17to time, manner and amount of disbursements.
The rules shall provide that the
18money be used for the reasonable support of the inmate's family or dependents before
19it is allocated for the drug offender diversion surcharge.
AB275, s. 9
20Section
9. 302.13 of the statutes is amended to read:
AB275,11,2
21302.13 Preservation of property an inmate brings to prison. The
22department shall preserve money and effects, except clothes, in the possession of an
23inmate when admitted to the prison and, subject to the crime victim and witness
24assistance surcharge under s. 973.045 (4)
and, the deoxyribonucleic acid analysis
1surcharge under s. 973.046,
and the drug offender diversion surcharge under s.
2973.043, shall restore the money and effects to the inmate when discharged.
AB275, s. 10
3Section
10. 302.43 of the statutes is amended to read:
AB275,11,18
4302.43 Good time. Every inmate of a county jail is eligible to earn good time
5in the amount of one-fourth of his or her term for good behavior if sentenced to at
6least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
7for time served prior to sentencing under s. 973.155, including good time under s.
8973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
9or refuses to perform any duty lawfully required of him or her, may be deprived by
10the sheriff of good time under this section, except that the sheriff shall not deprive
11the inmate of more than 2 days good time for any one offense without the approval
12of the court. An inmate who files an action or special proceeding, including a petition
13for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
14the number of days of good time specified in the court order prepared under s. 807.15
15(3).
This section does not apply to a person who is confined in the county jail in
16connection with his or her participation in a substance abuse treatment program
17that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
18assistance under s. 16.964 (10) (j).
AB275, s. 11
19Section
11. 303.01 (8) (b) of the statutes is amended to read:
AB275,12,520
303.01
(8) (b) The department shall distribute earnings of an inmate or
21resident, other than an inmate or resident employed under sub. (2) (em), for the crime
22victim and witness assistance surcharge under s. 973.045 (4), for the delinquency
23victim and witness assistance surcharge under s. 938.34 (8d) (c), for the
24deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance
25with s. 303.06 (2) and may distribute earnings for the support of the inmate's or
1resident's dependents and for other obligations either acknowledged by the inmate
2or resident in writing or which have been reduced to judgment that may be satisfied
3according to law.
The department may also distribute earnings for the drug offender
4diversion surcharge under s. 973.043, but only if the inmate or resident has first
5provided for the reasonable support of his or her dependents.
AB275, s. 12
6Section
12. 303.01 (8) (c) 8. of the statutes is created to read:
AB275,12,87
303.01
(8) (c) 8. Payment of the drug offender diversion surcharge under s.
8973.043.
AB275, s. 13
9Section
13. 303.065 (5) (cm) of the statutes is created to read:
AB275,12,1110
303.065
(5) (cm) Payment of the drug offender diversion surcharge under s.
11973.043.
AB275, s. 14
12Section
14. 814.75 (11) of the statutes is created to read:
AB275,12,1313
814.75
(11) The drug offender diversion surcharge under s. 973.043.
AB275, s. 15
14Section
15. 814.76 (9) of the statutes is created to read:
AB275,12,1515
814.76
(9) The drug offender diversion surcharge under s. 973.043.
AB275, s. 16
16Section
16. 961.41 (5) (a) of the statutes is amended to read:
AB275,12,1917
961.41
(5) (a) When a court imposes a fine for a violation of this section, it shall
18also impose a drug abuse program improvement surcharge under ch. 814 in an
19amount of
50% 75 percent of the fine and penalty surcharge imposed.
AB275, s. 17
20Section
17. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. and
21amended to read:
AB275,12,2422
961.41
(5) (c) 1.
All Two-thirds of all moneys collected from drug surcharges
23shall be deposited by the secretary of administration in and utilized in accordance
24with s. 20.435 (6) (gb).
AB275, s. 18
25Section
18. 961.41 (5) (c) 2. of the statutes is created to read:
AB275,13,3
1961.41
(5) (c) 2. One-third of all moneys collected from drug surcharges shall
2be deposited by the secretary of administration in and utilized in accordance with s.
320.505 (6) (kv).
AB275, s. 19
4Section
19. 961.472 (5) of the statutes is repealed and recreated to read:
AB275,13,65
961.472
(5) The court is not required to enter an order under sub. (2) if any of
6the following applies:
AB275,13,87
(a) The court finds that the person is already covered by or has recently
8completed an assessment under this section or a substantially similar assessment.
AB275,13,119
(b) The person is participating in a substance abuse treatment program that
10meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
11assistance under s. 16.964 (10) (i).
AB275, s. 20
12Section
20. 967.11 of the statutes is created to read:
AB275,13,17
13967.11 Alternatives to prosecution and incarceration; monitoring
14participants. (1) In this section, "approved substance abuse treatment program"
15means a substance abuse treatment program that meets the requirements of s.
1616.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10)
17(i).
AB275,13,22
18(2) If a county establishes an approved substance abuse treatment program
19and the program authorizes the use of surveillance and monitoring technology or day
20reporting programs, a court or a district attorney may require a person participating
21in an approved substance abuse treatment program to submit to surveillance and
22monitoring technology or a day reporting program as a condition of participation.
AB275, s. 21
23Section
21. 973.032 (6) of the statutes is amended to read:
AB275,14,3
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).
AB275, s. 22
4Section
22. 973.043 of the statutes is created to read:
AB275,14,7
5973.043 Drug offender diversion surcharge. (1) If a court imposes a
6sentence or places a person on probation for a crime under ch. 943, the court shall
7impose a drug offender diversion surcharge of $10 for each conviction.
AB275,14,11
8(2) After determining the amount due, the clerk of court shall collect and
9transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
10treasurer shall then make payment to the secretary of administration under s. 59.25
11(3) (f) 2.
AB275,14,14
12(3) All moneys collected from drug offender diversion surcharges shall be
13credited to the appropriation account under s. 20.505 (6) (kv) and used for the
14purpose of making grants to counties under s. 16.964 (10).
AB275,14,18
15(4) If an inmate in a state prison or a person sentenced to a state prison has
16not paid the drug offender diversion surcharge under this section, the department
17shall assess and collect the amount owed from the inmate's wages or other moneys.
18Any amount collected shall be transmitted to the secretary of administration.
AB275, s. 23
19Section
23. 973.05 (2m) of the statutes is amended to read:
AB275,15,1820
973.05
(2m) Payments under this section shall be applied first to payment of
21the penalty surcharge until paid in full, shall then be applied to the payment of the
22jail surcharge until paid in full, shall then be applied to the payment of part A of the
23crime victim and witness assistance surcharge until paid in full, shall then be
24applied to part B of the crime victim and witness assistance surcharge until paid in
25full, shall then be applied to the crime laboratories and drug law enforcement
1surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
2analysis surcharge until paid in full, shall then be applied to the drug abuse program
3improvement surcharge until paid in full,
shall then be applied to the drug offender
4diversion surcharge until paid in full, shall then be applied to payment of the driver
5improvement surcharge until paid in full, shall then be applied to the truck driver
6education surcharge if applicable until paid in full, shall then be applied to payment
7of the domestic abuse surcharge until paid in full, shall then be applied to payment
8of the consumer protection surcharge until paid in full, shall then be applied to
9payment of the natural resources surcharge if applicable until paid in full, shall then
10be applied to payment of the natural resources restitution surcharge until paid in
11full, shall then be applied to the payment of the environmental surcharge if
12applicable until paid in full, shall then be applied to the payment of the wild animal
13protection surcharge if applicable until paid in full, shall then be applied to payment
14of the weapons surcharge until paid in full, shall then be applied to payment of the
15uninsured employer surcharge until paid in full, shall then be applied to payment
16of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
17and shall then be applied to payment of the fine and the costs and fees imposed under
18ch. 814.
AB275, s. 24
19Section
24. 973.155 (1) (b) of the statutes is amended to read:
AB275,15,2420
973.155
(1) (b) The categories in par. (a)
and sub. (1m) include custody of the
21convicted offender which is in whole or in part the result of a probation, extended
22supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
23(2) placed upon the person for the same course of conduct as that resulting in the new
24conviction.
AB275, s. 25
25Section
25. 973.155 (1m) of the statutes is created to read:
AB275,16,5
1973.155
(1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 16.964 (10) (c), as determined
4by the office of justice assistance under s. 16.964 (10) (i) for any offense arising out
5of the course of conduct that led to the person's placement in that program.
AB275, s. 26
6Section
26. 973.155 (3) of the statutes is amended to read:
AB275,16,97
973.155
(3) The credit provided in sub. (1)
or (1m) shall be computed as if the
8convicted offender had served such time in the institution to which he or she has been
9sentenced.
AB275,16,1611
(1) By December 31, 2006, the department of health and family services shall
12submit a report to the chief clerk of each house of the legislature, for distribution to
13the appropriate standing committees under section 13.172 (3), regarding how it
14determined, under section 16.964 (10) (c) 4. of the statutes, as created by this act,
15what are the evidence-based practices in substance abuse and mental health
16treatment.
AB275,16,1918
(1) The treatment of sections 814.75 (11), 814.76 (9), and 973.043 of the statutes
19first applies to crimes committed on the effective date of this subsection.
AB275,16,2421
(1)
The treatment of sections 46.07, 301.32 (1), 302.12 (2), 302.13, 303.01 (8) (b)
22and (c) 8., 303.065 (5) (cm), 814.75 (11), 814.76 (9), 973.043, and 973.05 (2m) of the
23statutes and
Section 28 (1) take effect on the first day of the 3rd month beginning
24after publication.