LRB-2391/1
MGD:kjf:pg
2005 - 2006 LEGISLATURE
March 28, 2005 - Introduced by Representatives Bies, Nischke, Vos, Krawczyk,
Shilling, Gronemus, Hahn, Jeskewitz, Ott, Musser, Berceau, Black, Grigsby,
Staskunas, Seidel, Petrowski, Pocan and Albers, cosponsored by Senators
Roessler, Zien, Stepp, S. Fitzgerald, Harsdorf, Darling, Miller, Hansen and
Coggs. Referred to Committee on Corrections and the Courts.
AB275,1,8
1An Act to renumber and amend 961.41 (5) (c);
to amend 20.435 (6) (gb), 46.07,
2301.32 (1), 302.12 (2), 302.13, 302.43, 303.01 (8) (b), 961.41 (5) (a), 973.032 (6),
3973.05 (2m), 973.155 (1) (b) and 973.155 (3);
to repeal and recreate 961.472
4(5); and
to create 16.964 (10), 20.505 (6) (e), 20.505 (6) (kv), 303.01 (8) (c) 8.,
5303.065 (5) (cm), 814.75 (11), 814.76 (9), 961.41 (5) (c) 2., 967.11, 973.043 and
6973.155 (1m) of the statutes;
relating to: grants to counties for providing
7alternatives to prosecution and incarceration for persons who abuse alcohol or
8other drugs and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS)
funds and oversees the Treatment Alternative Program. Through this program,
DHFS is required to make grants to enable grantees (who may be county, tribal, or
nonprofit agencies) to provide assessments of and treatment for alcohol and other
drug abuse, as an alternative to incarceration, to a person who: 1) is involved with
the criminal justice system, either as a defendant or as a party to a diversion
agreement; or 2) is currently or has previously been determined drug dependent.
Current law requires DHFS to distribute the grants so that the program serves
people in a variety of geographic locations. Current law also imposes certain
requirements regarding: 1) communication between grantees and actors in the
criminal justice system; 2) early identification of eligible participants; 3) assessment,
referral, treatment, and monitoring procedures; and 4) data collection for program
management and evaluation.
This bill establishes a new grant program, administered by the Office of Justice
Assistance (OJA) in collaboration with DHFS and the Department of Corrections
(DOC), for counties that provide alternatives to prosecution and incarceration for
criminal offenders who abuse alcohol or other drugs. In order for a county (or a group
of counties applying jointly) to be eligible for a grant, its (or their) program must: 1)
meet the needs of people who abuse alcohol or other drugs and who may be or have
been charged with or who have been convicted of a crime related to the use or abuse
of alcohol or other drugs; 2) be designed to promote public safety, reduce prison and
jail populations, reduce prosecution and incarceration costs, reduce recidivism, and
improve the welfare of participants' families by meeting the comprehensive needs of
participants (including needs relating to mental health, employment, stable
housing, and family reunification); 3) establish eligibility criteria for participants
(which must exclude persons charged with or convicted of a violent offense); 4)
provide services that are consistent with evidence-based practices in substance
abuse and mental health treatment and provide intensive case management
through DHFS-certified providers; 5) use graduated sanctions and incentives; 6)
integrate all mental health services provided to participants by state and local
government agencies and other organizations; 7) require participants to pay a
reasonable amount for their treatment, based on their income and available assets,
and use all available private and public resources; and 8) be developed with input
from a variety of specified individuals and agencies. The bill also specifies that a
program that meets these requirements (regardless of whether it receives a grant)
may entail participants being required to submit to monitoring technology or a day
reporting program as a condition of participation and may entail the county
contracting with or awarding grants to religious organizations.
A county that receives a grant under the bill must create an oversight
committee to advise the county in administering and evaluating its program. It must
also comply with state audits and submit an annual report to OJA and the oversight
committee regarding the progress of the program in attaining its goals.
Part of the funding for the grants is provided through an increase in the amount
assessed under the drug abuse program improvement surcharge program. Under
current law, if a court imposes a fine for a violation of the Uniform Controlled
Substances Act (ch. 961 of the statutes), the court must also impose a penalty
surcharge, which is set at 24 percent of the amount of the fine, and a drug abuse
program improvement surcharge, which is set at 50 percent of the sum of the fine and
penalty surcharge. Money generated from drug abuse program improvement
surcharges is used by DHFS on programs providing prevention, intervention, and
treatment for alcohol and other drug abuse problems. This bill increases the amount
assessed for each drug abuse program improvement surcharge, setting it at 75
percent of the sum of the fine and penalty surcharge. In addition, under the bill,
one-third of the money generated by the drug abuse program improvement
surcharge is to be used to fund the grant program created under the bill.
The bill also funds the grant program with money generated from drug offender
diversion surcharges. Under the bill, the court must impose this new surcharge
whenever a person is a convicted of a property crime (that is, a crime under ch. 943
of the statutes). The surcharge is $10 for each such conviction.
Finally, the bill creates certain evaluation and reporting requirements. First,
under the bill, OJA must enter into one or more contracts with another person for
the purpose of evaluating the grant program. Second, DHFS must submit a report
to the legislature by December 31, 2006, specifying how it determined, for the
purpose of the grant program, what are evidence-based practices in substance abuse
and mental health treatment. Third, OJA, in collaboration with DHFS and DOC,
must submit a report to the legislature by December 31, 2011, regarding savings that
have been generated through the implementation of the grant program. The report
must also include recommendations regarding how the grant program should be
structured in the future.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB275, s. 1
1Section
1. 16.964 (10) of the statutes is created to read:
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: