AB918: Bill Text

LRB-3890/1

MGG:wlj:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 918

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 An Act to create 20.485 (2) (tg) and 45.46 of the statutes; relating to: establishment 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 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB918,2 Section 2. 20.485 (2) (tg) of the statutes is created to read:

AB918,2,5 20.485 (2) (tg) Veterans court program. Biennially, the amounts in the schedule for the veterans court program under s. 45.46.

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.