Amendment ASA1-AB923

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MGD:kmg&kf:jf

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 923

March 10, 2004 - Offered by Committee on Corrections and the Courts.

AB923-ASA1,1,6 An Act to repeal 20.505 (6) (kv); to amend 302.43, 973.032 (6), 973.155 (1) (b) and 973.155 (3); to repeal and recreate 961.472 (5); and to create 16.964 (10), 20.505 (6) (e), 20.505 (6) (kv), 967.11 and 973.155 (1m) of the statutes; relating to: grants to counties for providing alternatives to prosecution and incarceration for persons who abuse alcohol or other drugs and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB923-ASA1, s. 1 Section 1. 16.964 (10) of the statutes is created to read:

AB923-ASA1,1,8 16.964 (10) (a) In this subsection:

AB923-ASA1,1,10 1. "County department" means a county department under s. 51.42 or 51.437 that provides substance abuse treatment services.

AB923-ASA1,1,11 2. "Violent offender" means a person to whom one of the following applies:

AB923-ASA1,2,4 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.

AB923-ASA1,2,7 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.

AB923-ASA1,2,14 (b) The office shall make grants to county departments 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 office shall make the grants from the appropriations under s. 20.505 (6) (e) and (kv). The office shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB923-ASA1,2,16 (c) A county department shall be eligible for a grant under par. (b) if all of the following apply:

AB923-ASA1,2,20 1. The county department's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.

AB923-ASA1,2,24 2. 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 participants' families by meeting the comprehensive needs of participants.

AB923-ASA1,3,3 3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.

AB923-ASA1,3,5 4. The program is consistent with the best practices in substance abuse and mental health treatment and provides intensive case management.

AB923-ASA1,3,7 5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.

AB923-ASA1,3,13 6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and achieve other objectives selected under subd. 10.

AB923-ASA1,3,18 7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication between a participant's substance abuse treatment providers and any probation, extended supervision, and parole agent assigned to the participant.

AB923-ASA1,3,21 8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health and family services.

AB923-ASA1,3,23 9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets.

AB923-ASA1,4,4 10. The program is developed with input from one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, the county department, other county agencies responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin works program, the departments of corrections and health and family services, private social services agencies, and substance abuse treatment providers.

AB923-ASA1,4,6 11. The county department complies with other eligibility requirements established by the office to promote the objectives listed in subds. 1. and 2.

AB923-ASA1,4,10 (d) If a county department for a county with a population of 500,000 or more applies for a grant from the office under par. (b), and the county department's program meets the requirements of par. (c), the office shall award the county department a grant under par. (b).

AB923-ASA1,4,21 (f) 1. A county department that receives a grant under this subsection shall create an oversight committee to advise the county department in administering and evaluating its program. Each 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 department, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county department.

AB923-ASA1,4,24 2. A county department that receives a grant under this subsection shall comply with state audits and shall submit an annual report to the office regarding the impact of the program on jail and prison populations.

AB923-ASA1,5,6 (g) Two or more county departments may jointly apply for and receive a grant under this subsection. If county departments submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (c) shall consist of representatives from each county department.

AB923-ASA1,5,8 (gm) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2005.

AB923-ASA1,5,10 (h) The office shall assist a county department receiving grants under this subsection in obtaining funding from other sources for its program.

AB923-ASA1,5,14 (i) The office shall inform any county department that is applying for a grant under this subsection whether the county department meets the requirements established under par. (c), regardless of whether the county department receives a grant.

AB923-ASA1, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB923-ASA1, s. 3 Section 3. 20.505 (6) (e) of the statutes is created to read:

AB923-ASA1,6,3 20.505 (6) (e) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs. The amounts in the schedule for making grants to counties under s. 16.964 (10).

AB923-ASA1, s. 4 Section 4. 20.505 (6) (kv) of the statutes is created to read:

AB923-ASA1,6,8 20.505 (6) (kv) Grants for substance abuse treatment programs for criminal offenders. All moneys received from the departments of corrections and health and family services that are provided to enable the office to make grants to counties under s. 16.964 (10) for the purpose of making such grants.

AB923-ASA1, s. 5 Section 5. 20.505 (6) (kv) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

AB923-ASA1, s. 6 Section 6. 302.43 of the statutes is amended to read:

AB923-ASA1,7,2 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i).

AB923-ASA1, s. 7 Section 7. 961.472 (5) of the statutes is repealed and recreated to read:

AB923-ASA1,7,5 961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:

AB923-ASA1,7,7 (a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.

AB923-ASA1,7,10 (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i).

AB923-ASA1, s. 8 Section 8. 967.11 of the statutes is created to read:

AB923-ASA1,7,16 967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i).

AB923-ASA1,7,22 (2) If a county department establishes an approved substance abuse treatment program and the program authorizes the use of electronic monitoring or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to electronic monitoring or to participate in a day reporting program as a condition of participation.

AB923-ASA1, s. 9 Section 9. 973.032 (6) of the statutes is amended to read:

AB923-ASA1,8,3 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).

AB923-ASA1, s. 10 Section 10. 973.155 (1) (b) of the statutes is amended to read: