AB68: Bill Text

AB68,1278,13 6. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not required to provide the candidate's employment records if the agency or facility is prohibited from providing the employment records pursuant to a binding nondisclosure agreement to which the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is a party if the agreement was executed before the effective date of this subdivision .... [LRB inserts date].

AB68,1278,18 7. No law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may enter into a nondisclosure agreement preventing an interviewing law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility from viewing employment files after the effective date of this subdivision .... [LRB inserts date].

AB68,1278,22 8. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not liable for complying with the provisions of this paragraph or participating in an official oral interview with an investigator from the interviewing agency, regarding the candidate.

AB68,2334 Section 2334 . 165.85 (4m) of the statutes is created to read:

AB68,1279,3 165.85 (4m) Best practices. The board shall develop, and review at least once every 2 years, a model use of force policy for law enforcement agencies that does all of the following:

AB68,1279,4 (a) Incorporates the principles under s. 66.0511 (2).

AB68,1279,6 (b) Addresses interactions with individuals with mental disorders, alcohol or drug problems, dementia disorders, and developmental disabilities.

AB68,1279,9 (c) Limits the use of force against vulnerable populations, including children, elderly individuals, individuals who are pregnant, individuals with physical or mental disabilities, and individuals with limited English proficiency.

AB68,1279,10 (d) Includes other best practices that the board identifies.

AB68,2335 Section 2335. 165.895 of the statutes is created to read:

AB68,1279,13 165.895 Alternative emergency response and 911 diversion grants. (1) In this section:

AB68,1279,14 (a) “Local health department” has the meaning given in s. 250.01 (4).

AB68,1279,15 (b) “Public safety answering point” has the meaning given in s. 256.35 (1) (gm).

AB68,1279,18 (2) From the appropriation under s. 20.455 (2) (dm), the department shall provide grants to counties having a population of 750,000 or more to be used for any of the following purposes:

AB68,1279,21 (a) For contracts between local health departments and nonprofit organizations to increase the capacity of behavioral crisis support services for nonemergency behavioral health issues.

AB68,1279,23 (b) For research, design, and personnel costs associated with creating programs to divert behavioral health services from public safety answering points.

AB68,1280,5 (3) To be eligible for a grant under this section, a county must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under sub. (4). The department shall review the use of grant money provided under this section to ensure that the money is used according to the approved plan.

AB68,1280,8 (4) The department shall develop criteria and procedures for use in administering this section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

AB68,2336 Section 2336. 165.93 (2) (title) of the statutes is amended to read:

AB68,1280,10 165.93 (2) (title) Grants by application.

AB68,2337 Section 2337. 165.93 (2m) of the statutes is created to read:

AB68,1280,16 165.93 (2m) Grants to the Wisconsin Coalition Against Sexual Assault. In addition to the grants under sub. (2), from the appropriation under s. 20.455 (5) (e), the department shall provide a grant of $100,000 annually to the Wisconsin Coalition Against Sexual Assault to provide services for sexual assault victims. The Wisconsin Coalition Against Sexual Assault may also apply for grants under sub. (2).

AB68,2338 Section 2338. 165.95 (title) of the statutes is amended to read:

AB68,1280,19 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB68,2339 Section 2339 . 165.95 (1) (ac) of the statutes is created to read:

AB68,1280,23 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB68,2340 Section 2340 . 165.95 (2) of the statutes is amended to read:

AB68,1281,8 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB68,2341 Section 2341. 165.95 (2r) of the statutes is amended to read:

AB68,1281,12 165.95 (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 10 percent of the amount of the grant.

AB68,2342 Section 2342. 165.95 (3) (a) of the statutes is repealed.

AB68,2343 Section 2343 . 165.95 (3) (ag) of the statutes is created to read:

AB68,1281,18 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB68,2344 Section 2344 . 165.95 (3) (b) of the statutes is amended to read:

AB68,1281,25 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

AB68,2345 Section 2345. 165.95 (3) (bd) of the statutes is created to read:

AB68,1282,4 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB68,2346 Section 2346 . 165.95 (3) (cm) 2. of the statutes is created to read:

AB68,1282,11 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB68,2347 Section 2347. 165.95 (3) (d) of the statutes is amended to read:

AB68,1282,16 165.95 (3) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB68,2348 Section 2348. 165.95 (3) (e) of the statutes is amended to read:

AB68,1282,19 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB68,2349 Section 2349 . 165.95 (3) (g) of the statutes is amended to read:

AB68,1283,3 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies , tribes, and other organizations. The program shall require regular communication and coordination among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB68,2350 Section 2350 . 165.95 (3) (h) of the statutes is amended to read:

AB68,1283,8 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB68,2351 Section 2351 . 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB68,1283,15 165.95 (3d) The A program requires that receives a grant under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB68,2352 Section 2352. 165.95 (3) (j) of the statutes is amended to read:

AB68,1283,24 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB68,2353 Section 2353 . 165.95 (3) (k) of the statutes is amended to read:

AB68,1284,3 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b) this subsection.

AB68,2354 Section 2354 . 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB68,1284,10 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows:

AB68,1284,22 1. If the program is administered by a county, or by a county and a tribe pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse behavioral health treatment providers, and other members to be determined by the county or tribe the oversight committee determines are appropriate for the program.

AB68,2355 Section 2355 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB68,1285,5 165.95 (5) (ag) A county or tribe that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the criminal justice oversight committee created under par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).

AB68,2356 Section 2356 . 165.95 (5m) of the statutes is repealed.

AB68,2357 Section 2357 . 165.95 (6) of the statutes is amended to read:

AB68,1285,14 165.95 (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe's and each county department's role in developing, administering, and evaluating the program. The criminal justice oversight committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of representatives from each county or tribe that participates in the program.

AB68,2358 Section 2358. 165.95 (7) of the statutes is amended to read:

AB68,1285,20 165.95 (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

AB68,2359 Section 2359. 165.95 (7m) of the statutes is amended to read:

AB68,1286,2 165.95 (7m) Beginning in fiscal year 2012-13 2021-22, the department of justice shall, every 5 4 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.

AB68,2360 Section 2360. 165.987 (1) of the statutes is amended to read:

AB68,1286,11 165.987 (1) From the appropriation under s. 20.455 (2) (ep) and (kj), the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 750,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB68,2361 Section 2361. 165.987 (3) of the statutes is amended to read:

AB68,1287,2 165.987 (3) From the appropriation under s. 20.455 (2) (ep) and (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (ep) and (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB68,2362 Section 2362. 165.988 of the statutes is created to read:

AB68,1287,8 165.988 Violence interruption grant program. From the appropriation accounts under s. 20.455 (2) (eq) and (ks), the department shall provide grants to community organizations that are utilizing evidence-based outreach and violence interruption strategies to mediate conflicts, prevent retaliation and other potentially violent situations, and connect individuals to community supports.

AB68,2363 Section 2363 . 175.33 of the statutes is created to read:

AB68,1287,10 175.33 Transfer of firearms. (1) In this section:

AB68,1287,12 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB68,1287,13 (b) “Firearm” includes the frame or receiver of a firearm.

AB68,1287,14 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB68,1287,15 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB68,1287,17 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB68,1287,18 (a) The transferor is a firearms dealer.

AB68,1287,20 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB68,1287,22 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB68,1287,25 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.

AB68,1288,4 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB68,2364 Section 2364 . 175.35 (title) of the statutes is amended to read:

AB68,1288,6 175.35 (title) Purchase Transfer of handguns firearms.

AB68,2365 Section 2365 . 175.35 (1) (at) of the statutes is amended to read:

AB68,1288,23 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase be transferred a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m).

AB68,2366 Section 2366 . 175.35 (1) (b) of the statutes is repealed.