AB918: Bill Text

AB918,3 Section 3. 45.46 of the statutes is created to read:

AB918,2,8 45.46 Alternatives to incarceration grant program. (1) Definition. In this section, "violent offender" means a person to whom one of the following applies:

AB918,2,12 (a) The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon; the person used force against another person; or a person died or suffered serious bodily harm.

AB918,2,15 (b) The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.

AB918,3,7 (2) Program; projects. The department shall provide grants to counties to enable them to establish and operate a program for veterans who are charged with or convicted of crimes. The program shall include a suspended and deferred prosecution project for veterans and a project based on principles of restorative justice that provide alternatives to prosecution and incarceration for such veterans. The department shall provide the grants from the appropriation under s. 20.485 (2) (tg).

AB918,3,9 (3) Eligibility. A county shall be eligible for a grant to establish a program under this section if all of the following apply:

AB918,3,11 (a) The program is designed to meet the needs of veterans who, in that county, may be or have been charged with or who have been convicted of a crime.

AB918,3,15 (b) The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of veterans' families by meeting the comprehensive needs of veterans.

AB918,3,18 (c) The program will provide services to veterans that are consistent with evidence-based practices in substance abuse treatment and mental health treatment, as determined by the department of health services.

AB918,3,21 (d) The program will provide mental health treatment services and treatment for substance abuse through providers that are certified by the department of health services.

AB918,3,24 (e) The program will provide holistic treatment to veterans participating in the program and will provide them services that may be needed, as determined under the program, to do all of the following:

AB918,3,25 1. Eliminate or reduce their substance abuse.

AB918,4,1 2. Improve their mental health.

AB918,4,2 3. Help them achieve gainful employment.

AB918,4,3 4. Provide opportunities for their education or training.

AB918,4,4 5. Provide them stable housing.

AB918,4,5 6. Facilitate family reunification.

AB918,4,7 7. Help them address issues regarding payment of family support and other court-ordered obligations.

AB918,4,8 (f) The program will provide intensive case management.

AB918,4,10 (g) The program will use graduated sanctions and incentives to promote successful treatment for substance abuse.

AB918,4,14 (h) The program is designed to integrate all mental health services provided by state and local government agencies and other organizations to a veteran participating in the program. The program shall require regular communication among all of the following persons:

AB918,4,15 1. The veteran's case manager.

AB918,4,17 2. Any person providing services to the veteran for treatment of substance abuse or for mental health treatment.

AB918,4,19 3. Any person who is designated under the program to monitor the veteran's compliance with his or her obligations under the program.

AB918,4,21 4. Any probation, extended supervision, and parole agent the veteran may have.

AB918,4,22 5. Any other person who is providing other social services to the veteran.

AB918,4,24 (i) The program will have specific eligibility criteria that shall specify that a violent offender is not eligible to participate in the program.

AB918,5,3 (j) The program will require a veteran to pay a reasonable amount for any substance abuse or mental health treatment he or she receives in the program, based on his or her income and available assets.

AB918,5,8 (k) The program will assist a veteran in pursuing and using all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services, to assist in payment for any treatment for substance abuse or for any mental health treatment he or she receives in the program.

AB918,5,10 (L) The program will be developed with input from, and implemented in collaboration with, all of the following:

AB918,5,12 1. One or more circuit court judges, the district attorney, the state public defender, and local law enforcement officials who serve the county.

AB918,5,15 2. Each county agency that is responsible for providing social services, including services relating to substance abuse, child welfare, mental health, and the Wisconsin Works program.

AB918,5,17 3. The department of corrections, the department of children and families, and the department of health services.

AB918,5,19 4. Private social services agencies that provide services to veterans in the county.

AB918,5,20 5. Entities that provide substance abuse treatment to veterans in the county.

AB918,5,22 (m) The county complies with other eligibility requirements established by the department to promote the objectives listed in pars. (a) and (b).

AB918,6,4 (4) Joint applications. Two or more counties may jointly apply for and receive a grant under this section. If counties submit a joint application, they shall include with their application a written agreement specifying the role of each county in developing, administering, and evaluating the program. Each county receiving the grant shall provide the input and collaboration required under sub. (3) (L), and each county shall have its own separate representatives, as required under sub. (7) (a) 1. to 6., on the oversight committee.

AB918,6,8 (5) Awarding of grants. (a) The department shall award grants under this section to counties on a competitive basis. A county may apply for a grant under this section regardless of whether the county has received a grant previously under this section.

AB918,6,11 (b) The department shall inform any county that is applying for a grant under this section whether the county meets the requirements established under sub. (3), regardless of whether the county receives a grant.

AB918,6,14 (c) Any county that receives a grant under this section shall provide matching funds that are equal to 25 percent of the amount of the grant. The department shall assist the county in obtaining funding from other sources for its program.

AB918,6,17 (6) Contracts. In implementing a program that meets the requirements of sub. (3), a county may contract with, or provide funding to, a religious organization under s. 59.54 (27).

AB918,6,20 (7) Oversight. (a) A county that receives a grant under this section shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of all of the following representatives:

AB918,6,22 1. A circuit court judge, the district attorney or his or her designee, and the state public defender or his or her designee.

AB918,6,23 2. The chairperson of the county board of supervisors or his or her designee.

AB918,6,25 3. A representative of each county agency that provides input under sub. (3) (L) 2.

AB918,7,2 4. A person representing the private social services agencies that provide input under sub. (3) (L) 4.

AB918,7,4 5. A person representing the entities that provide substance abuse treatment under sub. (3) (L) 5.

AB918,7,5 6. A county law enforcement officer.

AB918,7,7 (b) The chairperson of the county board of supervisors shall appoint the representatives specified par. (a) 4., 5., and 6. to the oversight committee.

AB918,7,10 (c) If the state public defender appoints a designee, he or she shall appoint an attorney who is an employee of the state public defender and who represents defendants in the county.

AB918,7,15 (d) A county that receives a grant under this section shall comply with any state audits and shall submit an annual report to the department and to the oversight committee created under par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the objectives specified in sub. (3) (b) and (e).

AB918,7,17 (e) Every 2 years the department shall evaluate the grant program under this section.

AB918,7,21 (8) Tests for substance abuse. In a program funded by a grant under this section, if urine collection for the purposes of a test for substance abuse results in the exposure of the genitals, pubic area, buttock, or anus of a veteran who is a participant in the program, all of the following shall apply:

AB918,7,23 (a) The person conducting the urine collection for purposes of the test is of the same sex as the participant.

AB918,7,25 (b) During the urine collection, the participant may not be visible to any person who is not conducting the urine collection.

AB918,8,1 (c) The urine collection is not recorded through a visual or sound recording.

AB918,8,3 (d) The participant's genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.

AB918,8,5 (e) All staff of the program strive to preserve the dignity of the participant during the test.

AB918,4 Section 4. Fiscal changes.

AB918,8,12 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (2) (tf) of the statutes, as affected by the acts of 2013, the dollar amount is decreased by $250,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for the veterans court grant program established under section 45.46 of the statutes, as created by this act.

AB918,8,13 (End)