2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Representatives Stubbs, Goyke, Allen,
Anderson, Billings, Cabrera, Considine, Crowley, Emerson, Hebl, Kolste,
Sargent, Spreitzer, C. Taylor, Vruwink and Brostoff, cosponsored by
Senators Johnson, Carpenter, Ringhand, Risser, Smith and Wirch. Referred
to Committee on Criminal Justice and Public Safety.
1An Act to create
20.455 (2) (eb) and 165.956 of the statutes; relating to:
2creating a community restorative court grant program and making an
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to establish a grant program that
provides grants to counties and tribes to establish community restorative courts that
are based in principles of restorative justice and trauma-informed care for
nonviolent criminal offenders ages 25 and under.
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:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 5
the following amounts for the purposes indicated:
- See PDF for table
20.455 (2) (eb) of the statutes is created to read:
(eb) Community restorative courts.
The amounts in the schedule to 3
provide grants to counties and tribes under s. 165.956 (2).
165.956 of the statutes is created to read:
5165.956 Community restorative court grant program. (1)
In this section, 6
“tribe” has the meaning given in s. 165.91 (1).
From the appropriation under s. 20.455 (2) (eb), the department of justice 8
shall make grants to counties and tribes to enable them to establish and operate 9
community restorative courts that are based in principles of restorative justice and 10
trauma-informed care for criminal offenders who meet the criteria in sub. (3).
A person who is subject to the jurisdiction of the court of criminal 12
jurisdiction and who has not attained the age of 26 years is eligible to participate in 13
a community restorative court established under sub. (2) if the prosecuting attorney 14
is willing to enter a precharge deferment agreement with the person, the crime 15
victim consents to the use of the community restorative court process, and the person 16
is accused of committing one of the following:
(a) A misdemeanor.
(b) A first offense felony violation that is not one of the following:
1. A felony violation of s. 940.01, 940.05, 940.21, 940.225 (1), (2), or (3), 940.235, 20
940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20,
941.21, 941.327, 943.02, 943.06, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) 2
(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 3
2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 5
940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2), 6
940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30, or 948.03 (3) or (5) (a) 7
3. A felony if a penalty enhancer specified in s. 939.621 could be imposed.
4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, 10
to commit a violation under subd. 1.
(a) A county or tribe that receives a grant under this section shall comply 12
with state audits pertaining to its use of the grant and shall submit an annual report 13
to the department of justice regarding the costs, benefits, impact on jail and prison 14
populations, and impact on recidivism of the community restorative court for which 15
it receives the grant.
(b) A county or tribe that receives a grant under this section shall submit data 17
requested by the department of justice to the department of justice each month. The 18
department of justice may request any data regarding the community restorative 19
court funded by the grant that is necessary to evaluate the community restorative 20
court and prepare the reports under sub. (5).
(a) The department of justice shall, annually, analyze the data submitted 22
under sub. (4) (b) and prepare a progress report that evaluates the effectiveness of 23
the grant program under this section. The department of justice shall make the 24
report available to the public.
(b) The department of justice shall, every 5 years, prepare a comprehensive 2
report that analyzes the data it receives under sub. (4) (b) and the annual reports it 3
produces under par. (a). The department of justice shall include in this 4
comprehensive report a cost-benefit analysis of the grant program under this section 5
and shall submit the report to the chief clerk of each house of the legislature for 6
distribution to the legislature under s. 13.172 (2).