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
program.
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
administration.
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
judges.
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
program.
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](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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
7assistance
.
AB1006,3
8Section 3
. 20.455 (2) (em) (title) of the statutes is amended to read:
AB1006,4,2
120.455
(2) (em) (title)
Alternatives Grants for alternatives to prosecution and
2incarceration 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
11program.
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.
AB1006,5,218
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
2section.
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
2corrections.
AB1006,13
3Section 13
. 165.95 (3) (b) of the statutes is amended to read:
AB1006,6,94
165.95
(3) (b) The program
employs evidence-based practices and is designed
5to promote
and facilitate the implementation of effective criminal justice policies and
6practices that maximize justice and public
and victim safety, reduce prison and jail
7populations, reduce prosecution and incarceration costs,
and reduce recidivism
, and
8improve the welfare of participants' families by meeting the comprehensive needs of
9participants.
AB1006,14
10Section 14
. 165.95 (3) (bd) of the statutes is created to read:
AB1006,6,1311
165.95
(3) (bd) The program identifies each target population served by the
12program and identifies the evidence-based practices the program employs for each
13target population it serves.
AB1006,15
14Section 15
. 165.95 (3) (c) of the statutes is amended to read:
AB1006,6,1815
165.95
(3) (c) The program establishes eligibility criteria for a person's
16participation
. The criteria shall specify that a violent offender is not eligible to
17participate in the program, including criteria based on validated risk, needs, and
18responsivity assessments.
AB1006,16
19Section 16
. 165.95 (3) (cm) 2. of the statutes is created to read:
AB1006,6,2520
165.95
(3) (cm) 2. If the program is administered by a tribe, the criminal justice
21oversight committee shall consist of a representative of the judiciary, a
22representative of criminal prosecution and criminal defense, a social services
23provider, a behavioral health treatment provider, a law enforcement officer, a
24representative of corrections, and other members that the oversight committee
25determines are appropriate to the program.
AB1006,17
1Section
17
. 165.95 (3) (d), (e) and (f) of the statutes are repealed.
AB1006,18
2Section 18
. 165.95 (3) (g) of the statutes is amended to read:
AB1006,7,103
165.95
(3) (g) The program is designed to integrate all
mental health services
4provided to program participants by state and local government agencies
, tribes, and
5other organizations. The program shall require regular communication
and
6coordination among a participant's
substance abuse treatment providers, other 7service providers, the case manager, and any person designated under the program
8to monitor the person's compliance with his or her obligations under the program
, 9and any probation, extended supervision, and parole agent assigned to the
10participant.
AB1006,19
11Section 19
. 165.95 (3) (h) of the statutes is amended to read:
AB1006,7,1512
165.95
(3) (h) The program provides
substance abuse and mental health
13treatment services through providers that
employ evidence-based practices in the
14delivery of services and, where applicable, that are certified
by the department of
15health services or licensed to provide the services approved under the program.
AB1006,20
16Section 20
. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
17amended to read:
AB1006,7,2218
165.95
(3d) The A program
requires that receives a grant under this section
19may require participants to pay a reasonable amount for their treatment, based on
20their income and available assets, and pursues and uses all possible resources
21available through insurance and federal, state, and local aid programs, including
22cash, vouchers, and direct services.
AB1006,21
23Section
21. 165.95 (3) (j) of the statutes is repealed.
AB1006,22
24Section
22. 165.95 (3) (k) of the statutes is amended to read:
AB1006,8,4
1165.95
(3) (k) The county or tribe complies with other eligibility requirements
2established by the department of justice
, in consultation with the criminal justice
3coordinating council, to promote the objectives listed in
pars. (a) and (b) this
4subsection.
AB1006,23
5Section 23
. 165.95 (3m) of the statutes is created to read:
AB1006,8,86
165.95
(3m) The department of justice shall consult with the criminal justice
7coordinating council to determine which programs meet the specifications set forth
8in sub. (3) and will receive a grant under this section.
AB1006,24
9Section 24
. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.)
10and amended to read:
AB1006,8,1511
165.95
(3) (cm) (intro.)
A county or tribe that receives a grant under this section
12shall create an The program identifies a criminal justice oversight committee to
13develop and implement the program design and advise the county or tribe in
14administering and evaluating its program.
Each
The membership of each criminal
15justice oversight committee shall be as follows:
AB1006,9,2
161. If the program is administered by a county, or by a county and a tribe
17pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit
18court judge, the district attorney or his or her designee, the state public defender or
19his or her designee, a local law enforcement official, a representative of the county,
20a representative of the tribe, if applicable, a representative of each other county
21agency and, if applicable, tribal agency responsible for providing social services,
22including services relating to child welfare,
mental health, and the Wisconsin Works
23program, representatives of the departments of corrections and health
and family 24services, a representative from private social services agencies, a representative of
25substance abuse behavioral health treatment providers, and other members
to be
1determined by the county or tribe the oversight committee determines are
2appropriate for the program.
AB1006,25
3Section 25
. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
4amended to read:
AB1006,9,95
165.95
(5) (ag) A county or tribe that receives a grant under this section shall
6comply with state audits and shall submit an annual report to the department of
7justice and to the
criminal justice oversight committee
created under par. (a) 8identified in sub. (3) (cm) regarding
the impact of the program on jail and prison
9populations and its progress in attaining the goals specified in sub. (3)
(b) and (f).
AB1006,26
10Section 26
. 165.95 (5m) of the statutes is repealed.
AB1006,27
11Section 27
. 165.95 (6) of the statutes is amended to read:
AB1006,9,1812
165.95
(6) A county or tribe may, with one or more other counties or tribes,
13jointly apply for and receive a grant under this section. Upon submitting a joint
14application, each county or tribe shall include with the application a written
15agreement specifying each tribe's and each county department's role in developing,
16administering, and evaluating the program. The
criminal justice oversight
17committee
established under sub. (5) (a) identified in sub. (3) (cm) shall consist of
18representatives from each county or tribe
that participates in the program.
AB1006,28
19Section 28
. 302.43 of the statutes is amended to read:
AB1006,9,25
20302.43 Good time. Every inmate of a county jail is eligible to earn good time
21in the amount of one-fourth of his or her term for good behavior if sentenced to at
22least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
23for time served prior to sentencing under s. 973.155, including good time under s.
24973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
25or refuses to perform any duty lawfully required of him or her, may be deprived by
1the sheriff of good time under this section, except that the sheriff shall not deprive
2the inmate of more than 2 days good time for any one offense without the approval
3of the court. An inmate who files an action or special proceeding, including a petition
4for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
5the number of days of good time specified in the court order prepared under s. 807.15
6(3). This section does not apply to a person who is confined in the county jail in
7connection with his or her participation in a
substance abuse treatment program
8that meets the requirements of s. 165.95 (3), as determined by the department of
9justice under s. 165.95 (9) and (10).
AB1006,29
10Section 29
. 950.04 (1v) (g) of the statutes is amended to read:
AB1006,10,1311
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
12hearings or court proceedings, as provided under ss.
165.95 (3) (ae) 2. c., 302.113 (9g)
13(g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).
AB1006,30
14Section 30
. 961.472 (5) (b) of the statutes is amended to read:
AB1006,10,1715
961.472
(5) (b) The person is participating in
a an evidence-based substance
16abuse use disorder treatment program
that meets the requirements of s. 165.95 (3),
17as determined by the department of justice
under s. 165.95 (9) and (10).
AB1006,31
18Section 31
. 967.11 of the statutes is amended to read:
AB1006,10,22
19967.11 Alternatives to prosecution and incarceration; monitoring
20participants. (1) In this section, “approved
substance abuse treatment program"
21means a
substance abuse treatment program that meets the requirements of s.
22165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
AB1006,11,3
23(2) If a county establishes an approved
substance abuse treatment program
24and the
approved program authorizes the use of surveillance and monitoring
25technology or day reporting programs, a court or a district attorney may require a
1person participating in
an the approved
substance abuse treatment program to
2submit to surveillance and monitoring technology or a day reporting program as a
3condition of participation.
AB1006,32
4Section 32
. 973.155 (1m) of the statutes is amended to read:
AB1006,11,95
973.155
(1m) A convicted offender shall be given credit toward the service of
6his or her sentence for all days spent in custody as part of a
substance abuse
7treatment program that meets the requirements of s. 165.95 (3), as determined by
8the department of justice under s. 165.95 (9) and (10), for any offense arising out of
9the course of conduct that led to the person's placement in that program.
AB1006,33
10Section
33.
Nonstatutory provisions.
AB1006,11,1311
(1)
Study and report by criminal justice coordinating council. No later than
12July 1, 2021, the criminal justice coordinating council shall study and report on all
13of the following:
AB1006,11,1814
(a) The case load and distribution of criminal cases across the state and the
15distribution of assistant district attorneys, public defenders, and circuit court
16judges. The report shall include recommendations for adjustments to the
17assignment process or distribution of district attorneys, public defenders, and circuit
18court judges.
AB1006,11,2019
(b) The impact of treatment courts, deferrals, and diversions on attorney time
20spent on a case and on the length of time that a case stays open.
AB1006,11,2321
(c) The recidivism rates of participants in a treatment alternatives and
22diversion program compared to the recidivism rates of similarly situated individuals
23who do not participate in a treatment alternatives and diversion program.
AB1006,34
24Section
34.
Fiscal changes; alternatives to prosecution and
25incarceration.
AB1006,12,4
1(1)
In the schedule under s. 20.005 (3) for the appropriation to the department
2of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is
3increased by $2,000,000 to expand capacity within programs that are funded by
4grants under s. 165.95 (2) on the effective date of this subsection.
AB1006,12,95
(2)
In the schedule under s. 20.005 (3) for the appropriation to the department
6of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is
7increased by $1,000,000 to provide grants under s. 165.95 (2) for the creation or
8expansion of programs that address mental health, mental health courts, or
9diversion or deferral programs addressing mental health.
AB1006,12,1410
(3)
In the schedule under s. 20.005 (3) for the appropriation to the department
11of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is
12increased by $500,000 to provide grants under s. 165.95 (2) for the creation or
13expansion of programs that are designed to divert cases before criminal charges are
14filed.
AB1006,12,1915
(4)
In the schedule under s. 20.005 (3) for the appropriation to the department
16of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is
17increased by $500,000 to provide grants under s. 165.95 (2) for the creation or
18expansion of programs that are designed to incorporate restorative justice practices
19into diversion or deferred prosecution programs.
AB1006,12,2420
(5)
In the schedule under s. 20.005 (3) for the appropriation to the department
21of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is
22increased by $5,000,000 to provide grants under s. 165.95 (2) for programs that
23provide in-patient or out-patient substance use disorder treatment, housing for
24individuals in recovery, transportation, or transitional jobs.
AB1006,35
25Section 35
.
Initial applicability.
AB1006,13,2
1(1)
Treatment alternatives and diversions. The treatment of s. 165.95 first
2applies to grants awarded on July 1, 2020.