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2013 - 2014 LEGISLATURE
April 3, 2014 - Introduced by Representatives Goyke,
Hesselbein, Kolste, C.
Taylor, Sargent, Ringhand, Sinicki, Milroy, Bewley, Richards, Shankland,
Hebl, Berceau, Young, Ohnstad, Barnes, Wachs, Genrich, Pasch and
Zepnick, cosponsored by Senators Risser,
L. Taylor, Vinehout, Harris and
Lassa. Referred to Committee on Veterans.
AB918,1,2
1An Act to create 20.485 (2) (tg) and 45.46 of the statutes;
relating to:
2establishment of a veterans court grant program and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Justice administers a program that
provides grants to counties to work with persons, other than violent offenders, who
have been charged with or convicted of crimes and who abuse alcohol or drugs with
the goal of providing them alternatives to incarceration such as deferred prosecution
and counseling based on the principles of restorative justice. Under current law, a
violent offender is one who has one or more prior convictions for a felony involving
the use or attempted use of force with the intent to cause death or seriously bodily
harm and is now being charged with, or has now been convicted of, a similar offense.
A county receiving a grant must provide persons participating in the program
with social services, including treatment for substance abuse, mental health
treatment, and assistance in finding employment and housing. Under current law,
a county must provide matching funds that are equal to 25 percent of the amount of
the grant for the program, and a person participating in the program must pay a
reasonable amount for any substance use or mental health treatment he or she
receives in the program, based on his or her income and available assets.
This bill creates a similar grant program to be administered by the Department
of Veterans Affairs for veterans who have been charged with or convicted of crimes
and who are not violent offenders. Under this program, the veteran participating in
the program need not abuse alcohol or drugs in order to be eligible.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB918,1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB918,2
3Section
2. 20.485 (2) (tg) of the statutes is created to read:
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20.485
(2) (tg)
Veterans court program. Biennially, the amounts in the schedule
5for the veterans court program under s. 45.46.
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6Section
3. 45.46 of the statutes is created to read:
AB918,2,8
745.46 Alternatives to incarceration grant program.
(1) Definition. In
8this section, "violent offender" means a person to whom one of the following applies:
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(a) The person has been charged with or convicted of an offense in a pending
10case and, during the course of the offense, the person carried, possessed, or used a
11dangerous weapon; the person used force against another person; or a person died
12or suffered serious bodily harm.
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(b) The person has one or more prior convictions for a felony involving the use
14or attempted use of force against another person with the intent to cause death or
15serious bodily harm.
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1(2) Program; projects. The department shall provide grants to counties to
2enable them to establish and operate a program for veterans who are charged with
3or convicted of crimes. The program shall include a suspended and deferred
4prosecution project for veterans and a project based on principles of restorative
5justice that provide alternatives to prosecution and incarceration for such veterans.
6The department shall provide the grants from the appropriation under s. 20.485 (2)
7(tg).
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8(3) Eligibility. A county shall be eligible for a grant to establish a program
9under this section if all of the following apply:
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(a) The program is designed to meet the needs of veterans who, in that county,
11may be or have been charged with or who have been convicted of a crime.
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(b) 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 veterans' families by meeting the comprehensive needs of
15veterans.
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(c) The program will provide services to veterans that are consistent with
17evidence-based practices in substance abuse treatment and mental health
18treatment, as determined by the department of health services.
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(d) The program will provide mental health treatment services and treatment
20for substance abuse through providers that are certified by the department of health
21services.
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(e) The program will provide holistic treatment to veterans participating in the
23program and will provide them services that may be needed, as determined under
24the program, to do all of the following:
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1. Eliminate or reduce their substance abuse.
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12. Improve their mental health.
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3. Help them achieve gainful employment.
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4. Provide opportunities for their education or training.
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5. Provide them stable housing.
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6. Facilitate family reunification.
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7. Help them address issues regarding payment of family support and other
7court-ordered obligations.
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(f) The program will provide intensive case management.
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(g) The program will use graduated sanctions and incentives to promote
10successful treatment for substance abuse.
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(h) The program is designed to integrate all mental health services provided
12by state and local government agencies and other organizations to a veteran
13participating in the program. The program shall require regular communication
14among all of the following persons:
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1. The veteran's case manager.
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2. Any person providing services to the veteran for treatment of substance
17abuse or for mental health treatment.
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3. Any person who is designated under the program to monitor the veteran's
19compliance with his or her obligations under the program.
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4. Any probation, extended supervision, and parole agent the veteran may
21have.
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5. Any other person who is providing other social services to the veteran.
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(i) The program will have specific eligibility criteria that shall specify that a
24violent offender is not eligible to participate in the program.
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1(j) The program will require a veteran to pay a reasonable amount for any
2substance abuse or mental health treatment he or she receives in the program, based
3on his or her income and available assets.
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(k) The program will assist a veteran in pursuing and using all possible
5resources available through insurance and federal, state, and local aid programs,
6including cash, vouchers, and direct services, to assist in payment for any treatment
7for substance abuse or for any mental health treatment he or she receives in the
8program.
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(L) The program will be developed with input from, and implemented in
10collaboration with, all of the following:
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1. One or more circuit court judges, the district attorney, the state public
12defender, and local law enforcement officials who serve the county.
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2. Each county agency that is responsible for providing social services,
14including services relating to substance abuse, child welfare, mental health, and the
15Wisconsin Works program.
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3. The department of corrections, the department of children and families, and
17the department of health services.
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4. Private social services agencies that provide services to veterans in the
19county.
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5. Entities that provide substance abuse treatment to veterans in the county.
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(m) The county complies with other eligibility requirements established by the
22department to promote the objectives listed in pars. (a) and (b).
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23(4) Joint applications. Two or more counties may jointly apply for and receive
24a grant under this section. If counties submit a joint application, they shall include
25with their application a written agreement specifying the role of each county in
1developing, administering, and evaluating the program. Each county receiving the
2grant shall provide the input and collaboration required under sub. (3) (L), and each
3county shall have its own separate representatives, as required under sub. (7) (a) 1.
4to 6., on the oversight committee.
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5(5) Awarding of grants. (a) The department shall award grants under this
6section to counties on a competitive basis. A county may apply for a grant under this
7section regardless of whether the county has received a grant previously under this
8section.
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(b) The department shall inform any county that is applying for a grant under
10this section whether the county meets the requirements established under sub. (3),
11regardless of whether the county receives a grant.
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(c) Any county that receives a grant under this section shall provide matching
13funds that are equal to 25 percent of the amount of the grant. The department shall
14assist the county in obtaining funding from other sources for its program.
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15(6) Contracts. In implementing a program that meets the requirements of
16sub. (3), a county may contract with, or provide funding to, a religious organization
17under s. 59.54 (27).
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18(7) Oversight. (a) A county that receives a grant under this section shall create
19an oversight committee to advise the county in administering and evaluating its
20program. Each committee shall consist of all of the following representatives:
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1. A circuit court judge, the district attorney or his or her designee, and the state
22public defender or his or her designee.
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2. The chairperson of the county board of supervisors or his or her designee.
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3. A representative of each county agency that provides input under sub. (3)
25(L) 2.
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14. A person representing the private social services agencies that provide input
2under sub. (3) (L) 4.
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5. A person representing the entities that provide substance abuse treatment
4under sub. (3) (L) 5.
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6. A county law enforcement officer.
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(b) The chairperson of the county board of supervisors shall appoint the
7representatives specified par. (a) 4., 5., and 6. to the oversight committee.
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(c) If the state public defender appoints a designee, he or she shall appoint an
9attorney who is an employee of the state public defender and who represents
10defendants in the county.
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(d) A county that receives a grant under this section shall comply with any state
12audits and shall submit an annual report to the department and to the oversight
13committee created under par. (a) regarding the impact of the program on jail and
14prison populations and its progress in attaining the objectives specified in sub. (3)
15(b) and (e).
AB918,7,1716
(e) Every 2 years the department shall evaluate the grant program under this
17section.
AB918,7,21
18(8) Tests for substance abuse. In a program funded by a grant under this
19section, if urine collection for the purposes of a test for substance abuse results in the
20exposure of the genitals, pubic area, buttock, or anus of a veteran who is a participant
21in the program, all of the following shall apply:
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(a) The person conducting the urine collection for purposes of the test is of the
23same sex as the participant.
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(b) During the urine collection, the participant may not be visible to any person
25who is not conducting the urine collection.
AB918,8,1
1(c) The urine collection is not recorded through a visual or sound recording.
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(d) The participant's genitals, pubic area, buttock, and anus are not subject to
3any physical inspection beyond observation of the urine collection.
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(e) All staff of the program strive to preserve the dignity of the participant
5during the test.
AB918,4
6Section
4.
Fiscal changes.
AB918,8,127
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
8to the department of veterans affairs under section 20.485 (2) (tf) of the statutes, as
9affected by the acts of 2013, the dollar amount is decreased by $250,000 for the first
10fiscal year of the fiscal biennium in which this subsection takes effect to provide
11funding for the veterans court grant program established under section 45.46 of the
12statutes, as created by this act.