2019 - 2020 LEGISLATURE
March 13, 2020 - Introduced by Representatives Goyke, Crowley, Gruszynski,
Zamarripa, Emerson, Doyle, Neubauer, Pope, Sargent, Anderson, Billings,
Bowen, Hebl, Brostoff, Spreitzer, Considine, Subeck, Cabrera, Shankland
and Vruwink, cosponsored by Senators Jacque, Carpenter, Smith, Risser and
Larson. Referred to Committee on Criminal Justice and Public Safety.
AB1006,1,9 1An Act to repeal 165.95 (2r), 165.95 (3) (a), 165.95 (3) (d), (e) and (f), 165.95 (3)
2(j) and 165.95 (5m); to renumber and amend 165.95 (3) (i), 165.95 (5) (a) and
3165.95 (5) (b); to amend 20.455 (2) (em) (title), 20.455 (2) (kn) (title), 20.455 (2)
4(kv) (title), 165.95 (title), 165.95 (2), 165.95 (3) (b), 165.95 (3) (c), 165.95 (3) (g),
5165.95 (3) (h), 165.95 (3) (k), 165.95 (6), 302.43, 950.04 (1v) (g), 961.472 (5) (b),
6967.11 and 973.155 (1m); and to create 20.455 (2) (ej), 165.95 (1) (ac), 165.95
7(3) (ae), 165.95 (3) (ag), 165.95 (3) (bd), 165.95 (3) (cm) 2. and 165.95 (3m) of the
8statutes; relating to: providing grants to certain county or tribal treatment
9alternatives and diversion programs and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill provides additional funding for and makes changes to the treatment
alternatives and diversion (TAD) grant program administered by the Department of
Under current law, DOJ awards grants to counties that have established
qualifying TAD programs for persons who are or may be charged with, or who are
convicted of, offenses related to the person's use or abuse of alcohol or other drugs.
Under current law, a TAD program is intended to offer alternatives to prosecution

or incarceration for offenders with substance abuse problems in order to reduce
recidivism, promote public safety, and reduce prison and jail populations.
Under current law, in order to qualify for a TAD grant, a county's program must
meet certain criteria, including offering treatment alternatives for the offender's
substance use, and coordinating with other specialists, including mental health
treatment providers, social services providers, and case workers in order to provide
intensive case management. Each qualifying program must be developed in
collaboration with representatives from the judicial system, law enforcement and
corrections, social and welfare service providers, and mental health and substance
abuse treatment providers. Further, under current law, each county that receives
a TAD grant creates an oversight committee with representatives from those
agencies or services to administer and evaluate the program.
Under current law, a TAD program that receives a grant is subject to state
audits and each county that receives a TAD grant must submit an annual report to
DOJ and to the oversight committee that details its progress in promoting public
safety, reducing recidivism and lowering costs, and meeting the treatment and other
needs of program participants.
Current law allows counties to administer a TAD program jointly and requires
any county that receives a grant to provide matching funds that are equal to 25
percent of the amount of the grant. Eligible programs must require participants to
pay a reasonable amount for their treatment within the program.
This bill makes several changes to the TAD grant program. Under the bill, a
program funded by a TAD grant need not focus solely on alcohol and other drug
treatment, but must employ evidence-based practices and must be designed to
promote effective criminal justice policies to reduce prosecution and incarceration
costs, reduce recidivism, and enhance justice and public safety.
The bill requires each program to be designed to integrate and coordinate
services from several providers, including a participant's behavioral health
treatment providers, case managers, and compliance monitors. The bill requires
each program to use eligibility criteria based on risk, need, and responsivity
assessments and to tailor its services to the needs of each participant or target
The bill allows, but does not require, an eligible program to require participants
to pay an amount towards their treatment. The bill eliminates the 25 percent
matching funds requirement.
Under the bill, DOJ must consult with the Criminal Justice Coordinating
Council to establish eligibility criteria and to determine which county or tribe
programs meet the eligibility requirements. The bill requires each county or tribe
to establish a criminal justice oversight committee to develop and implement the
program design and advise the county or tribe in administering and evaluating its
Under the bill, a program must specify whether or not certain violent offenders
will be allowed to participate. If so, there must be a victim advocate on the program's
oversight committee, if such an advocate exists in the program's county. If the

program includes domestic abuse offenders, the oversight committee must consult
with a batterers' treatment provider.
This bill provides $10,000,000 in funding to support TAD grants and
Finally, under the bill, the Criminal Justice Coordinating Council is required
to study and report on all of the following:
1. The case load and distribution of criminal cases across the state and the
distribution of assistant district attorneys, public defenders, and circuit court
2. The impact of treatment courts, deferrals, and diversions on attorney time
spent on a case and the length of time that a case stays open.
3. The recidivism rates of participants in a TAD program compared to the
recidivism rates of similarly situated individuals who do not participate in a TAD
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:
AB1006,1 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
AB1006,2 3Section 2. 20.455 (2) (ej) of the statutes is created to read:
AB1006,3,74 20.455 (2) (ej) Alternatives to prosecution and incarceration; administration.
5The amounts in the schedule to administer the grant program under s. 165.95,
6including to perform quality assurance, data collection, reporting, and technical
AB1006,3 8Section 3 . 20.455 (2) (em) (title) of the statutes is amended to read:
120.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and
for persons who use alcohol or other drugs; presentencing assessments.
AB1006,4 3Section 4 . 20.455 (2) (kn) (title) of the statutes is amended to read:
AB1006,4,54 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons
5who use alcohol or other drugs
; justice information fee.
AB1006,5 6Section 5 . 20.455 (2) (kv) (title) of the statutes is amended to read:
AB1006,4,87 20.455 (2) (kv) (title) Grants for substance abuse treatment programs for
8criminal offenders
alternatives to prosecution and incarceration programs.
AB1006,6 9Section 6. 165.95 (title) of the statutes is amended to read:
AB1006,4,11 10165.95 (title) Alternatives to prosecution and incarceration; grant
AB1006,7 12Section 7 . 165.95 (1) (ac) of the statutes is created to read:
AB1006,4,1513 165.95 (1) (ac) “Evidence-based practice" means a practice that has been
14developed using research to determine its efficacy for achieving positive measurable
15outcomes, including reducing recidivism and increasing public safety.
AB1006,8 16Section 8 . 165.95 (2) of the statutes, as affected by 2019 Wisconsin Act 9, is
17amended to read:
AB1006,5,218 165.95 (2) The department of justice shall make grants to counties and to tribes
19to enable them to establish and operate programs, including suspended and deferred
20prosecution programs and programs based on principles of restorative justice, that
21provide alternatives to prosecution and incarceration for criminal offenders who
22abuse alcohol or other drugs
. The department of justice shall make the grants from
23the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
24of justice shall collaborate with the departments of corrections and health and family
25services in establishing this grant program
criminal justice coordinating council in

1order to maximize the impact of the program funded by grants awarded under this
AB1006,9 3Section 9. 165.95 (2r) of the statutes is repealed.
AB1006,10 4Section 10 . 165.95 (3) (a) of the statutes is repealed.
AB1006,11 5Section 11 . 165.95 (3) (ae) of the statutes is created to read:
AB1006,5,76 165.95 (3) (ae) 1. The program specifies whether a violent offender is eligible
7to participate in the program.
AB1006,5,98 2. If the program specifies that a violent offender is eligible to participate in the
9program, the program shall do all of the following:
AB1006,5,1210 a. Include at least one representative of an organization that advocates for
11victims of violent crime on the criminal justice oversight committee specified in par.
12(cm), provided such an advocate exists in the program's county.
AB1006,5,1713 b. If a violent offender who, in a pending case, has been charged or convicted
14of a domestic abuse offense, as defined in s. 968.075 (1) (a), is allowed to participate
15in the program, the criminal justice oversight committee specified in par. (cm) shall
16consult with a batterers' treatment provider and define how batterers' treatment will
17be used to treat these violent offenders.
AB1006,5,2118 c. At the request of the victim, have the district attorney make a reasonable
19attempt to provide the victim with notice of the date, time, and place of scheduled
20court proceedings that are held in connection with the violent offender's
21participation in the program.
AB1006,12 22Section 12 . 165.95 (3) (ag) of the statutes is created to read:
AB1006,6,223 165.95 (3) (ag) The program operates within the continuum from arrest to
24discharge from supervision and provides an alternative to prosecution or

1incarceration, including suspended and deferred prosecution or community-based