Amendment ASA1-AB923

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:

AB923-ASA1,8,9 973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB923-ASA1, s. 11 Section 11. 973.155 (1m) of the statutes is created to read:

AB923-ASA1,8,15 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of 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) for any offense arising out of the course of conduct that led to the person's placement in that program.

AB923-ASA1, s. 12 Section 12. 973.155 (3) of the statutes is amended to read:

AB923-ASA1,8,19 973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the convicted offender had served such time in the institution to which he or she has been sentenced.

AB923-ASA1, s. 13 Section 13. Nonstatutory provisions.

AB923-ASA1,9,2 (1) The joint committee on finance may transfer funds under section 13.101 of the statutes from any appropriation under section 20.410 or 20.435 of the statutes that is of the type described in section 20.001 (2) (b), (c), or (e) of the statutes to the appropriation under section 20.505 (6) (kv) of the statutes, as created by this act. The committee need not make any of the findings specified in section 13.101 (3) (a) of the statutes in connection with any transfer under this subsection. This subsection does not apply after June 30, 2005.

AB923-ASA1,9,6 (2 ) By August 1, 2004, the office of justice assistance shall solicit proposals for grants under section 16.964 (10) of the statutes, as created by this act, for calendar year 2005. All such proposals shall be submitted to the office of justice assistance by November 1, 2004.

AB923-ASA1,9,12 (3 ) If any proposal submitted under subsection (2) meets the requirements established under section 16.964 (10) (c) of the statutes, as created by this act, the office of justice assistance and the departments of corrections and health and family services shall collaborate in determining whether implementation of the proposal may result in a reduction of their expenditures and whether there is any federal or state funding available to implement the proposal.

AB923-ASA1,9,21 (4) Based on determinations made under subsection (3), the office of justice assistance shall submit a proposal to the joint committee on finance for the transfer of funds under subsection (1) or under section 13.101 of the statutes or both for the purpose of funding the grant program under section 16.964 (10) of the statutes, as created by this act. The proposal shall include a description of the determinations made under subsection (3) and shall specify the amounts that would be transferred for use as grants and for the administration of the grant program and the appropriations from and to which the funds would be transferred if the proposal were adopted.

AB923-ASA1, s. 14 Section 14. Effective date.

AB923-ASA1,9,24 (1) The repeal of section 20.505 (6) (kv) of the statutes takes effect on July 1, 2005.

AB923-ASA1,9,25 (End)