AB533: Bill Text

AB533,14,16 59.54 (27) Religious organizations; contract powers. (a) Definition. In this subsection, "board" includes any department, as defined in s. 59.60 (2) (a).

AB533,14,23 (b) General purpose and authority. The purpose of this subsection is to allow the board to contract with, or award grants to, religious organizations, under any program administered by the county dealing with delinquency and crime prevention or the rehabilitation of offenders on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB533,15,10 (c) Nondiscrimination against religious organizations. If the board is authorized to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors and grantees under any program administered by the board so long as the programs are implemented consistently with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in par. (L), the board may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

AB533,15,14 (d) Religious character and freedom. 1. The board shall allow a religious organization with which the board contracts or to which the board awards a grant to retain its independence from government, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB533,15,17 2. The board may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB533,16,4 (e) Rights of beneficiaries of assistance. If the board contracts with, or awards grants to, a religious organization for the provision of crime prevention or offender rehabilitation assistance under a program administered by the board, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request. If an individual has an objection to the religious character of the organization from which the individual receives, or would receive, assistance funded under any crime prevention or offender rehabilitation program administered by the board and requests assistance from a nonreligious provider, the board shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection, with assistance of equal value from a nonreligious provider that is accessible to the individual.

AB533,16,8 (f) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the board.

AB533,16,12 (g) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the board on the basis of religion, a religious belief or nonbelief or refusal to actively participate in a religious practice.

AB533,16,17 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious organization that contracts with or receives a grant from the board is subject to the same laws and rules as other contractors and grantees to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB533,16,20 2. If the religious organization segregates funds provided under programs administered by the board into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

AB533,16,23 (i) Compliance. Any party that seeks to enforce its rights under this subsection may assert a civil action for injunctive relief against the entity that allegedly commits the violation.

AB533,17,3 (j) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the board may be expended for sectarian worship, instruction or proselytization.

AB533,17,10 (k) Certification of compliance. Every religious organization that contracts with or receives a grant from the county board to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of pars. (g) and (j) and submit to the board a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under pars. (g) and (j).

AB533,17,14 (L) Preemption. Nothing in this subsection may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

Note: This Section authorizes a county board, and county departments authorized by a county board, to contract with or award grants to religious organizations for the provision of delinquency and crime prevention or offender rehabilitation services on the same basis as any other nongovernmental provider without impairing the religious character of such organizations and without diminishing the religious freedom of beneficiaries of services funded under these programs.

AB533, s. 14 Section 14. 230.08 (2) (e) 1. of the statutes is amended to read:

AB533,17,16 230.08 (2) (e) 1. Administration — 12 13.

Note: This Section establishes the position of facilitator in the office of government-sectarian facilitation as an unclassified position.

AB533, s. 15 Section 15. 301.03 (2t) of the statutes is created to read:

AB533,17,20 301.03 (2t) (a) Develop one or more methods to evaluate the effectiveness of alcohol and other drug abuse intervention and treatment services and develop performance standards for alcohol and other drug abuse services.

AB533,18,5 (b) Adopt policies to ensure that, to the extent possible under state and federal law, all funding for alcohol and other drug abuse intervention and treatment services administered by the department is distributed based on the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

AB533,18,9 (c) Require every application for funding for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of the services.

AB533,18,12 (d) Require every recipient of funding for alcohol and other drug abuse intervention or treatment services to provide information requested by the department for evaluating the effectiveness of the services.

Note: This Section requires DOC to ensure that, to the extent possible under state and federal law, funding for AODA intervention and treatment programs administered by DOC is distributed based on the effectiveness of the services in meeting performance standards developed by DOC regarding those services.

AB533, s. 16 Section 16 . 301.047 of the statutes is created to read:

AB533,18,21 301.047 Inmate rehabilitation and aftercare. (1) Program. The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate inmate rehabilitation programs in the Milwaukee alcohol and other drug abuse treatment facility enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b) 1. if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.

AB533,19,3 (2) Program requirements. (a) An organization seeking to operate a rehabilitation program under sub. (1) shall submit to the department a detailed proposal for the operation of the program which includes all of the following:

AB533,19,5 1. A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.

AB533,19,7 2. A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.

AB533,19,8 3. A statement of the qualifications of the individuals providing services.

AB533,19,10 4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.

AB533,19,11 5. A statement of the goals of the program.

AB533,19,13 6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under subd. 5.

AB533,19,14 7. Any other information specified by the department.

AB533,19,16 (b) An organization seeking to operate a rehabilitation program under sub. (1) shall agree in writing to all of the following:

AB533,19,18 1. The organization may not receive compensation from the department for services provided in the rehabilitation program.

AB533,19,20 2. The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief.

AB533,19,21 3. An inmate may withdraw from participation in the program at any time.

AB533,19,24 4. Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the geographic area described in par. (a) 1.

AB533,20,3 (3) Duties and authority of the department. (a) The department shall establish policies that provide reasonable access to inmates by an organization operating a rehabilitation program under sub. (1).

AB533,20,7 (b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.

AB533,20,9 (c) The department may not require an inmate to participate in a rehabilitation program under sub. (1).

AB533,20,13 (d) The department may not base any decision regarding an inmate's conditions of confinement, including discipline, or an inmate's eligibility for release, on an inmate's decision to participate or not to participate in a rehabilitation program under sub. (1).

AB533,20,17 (e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under sub. (1) and inmates who do not participate in such a program.

AB533,20,20 (f) The department may restrict an inmate's participation in a rehabilitation program under sub. (1) only if the restriction is necessary for the security of the facility or the safety of the inmates or the public.

AB533,21,2 (g) The department may suspend or terminate operation of a rehabilitation program under sub. (1) if an organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or is in the best interests of the inmates.

AB533,21,11 (4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of a rehabilitation program operated under sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date of the notice published under 1999 Wisconsin Act .... (this act), section 24, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

AB533,21,16 (5) Suspension or termination of an inmate's participation. Notwithstanding sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may suspend or terminate an inmate's participation in a program for reasons unrelated to religious beliefs, including the inmate's failure to participate meaningfully in the program.

Note: This Section authorizes DOC to permit one or more community-based organizations to operate an inmate rehabilitation program in the Milwaukee AODA treatment facility, if specified requirements are met.

AB533, s. 17 Section 17 . 301.047 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

Note: This Section and Sections 25 and 28 (1 ) sunset the inmate rehabilitation program under Section 16 two years after any such program begins operation.

AB533, s. 18 Section 18. 301.065 of the statutes is created to read:

AB533,22,5 301.065 Religious organizations; contract powers. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department relating to the prevention of delinquency and crime or the rehabilitation of offenders, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB533,22,15 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors and grantees under any program administered by the department so long as the programs are implemented consistently with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

AB533,22,20 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from government, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB533,22,23 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB533,23,10 (4) Rights of beneficiaries of assistance. If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request. If an individual has an objection to the religious character of the organization from which the individual receives, or would receive, assistance funded under any program administered by the department and requests assistance from a nonreligious provider, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection, with assistance of equal value from a nonreligious provider that is accessible to the individual.

AB533,23,14 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB533,23,18 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or nonbelief or refusal to actively participate in a religious practice.

AB533,23,23 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB533,24,3 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

AB533,24,6 (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity that allegedly commits the violation.

AB533,24,9 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

AB533,24,16 (10) Certification of compliance. Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6) and (9) and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6) and (9).

AB533,24,20 (11) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

Note: This Section authorizes DOC to contract with or award grants to religious organizations for the provision of delinquency and crime prevention or offender rehabilitation services on the same basis as any other nongovernmental provider without impairing the religious character of such organizations and without diminishing the religious freedom of beneficiaries of services funded under these programs.

AB533, s. 19 Section 19. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB533,25,7 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

Note: This Section provides that the parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in an inmate rehabilitation program established in Section 16.

AB533, s. 20 Section 20 . 302.11 (1g) (b) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB533,25,14 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a).

Note: This Section restores statutory language to reflect the expiration of the inmate rehabilitation program established in Section 16.

AB533, s. 21 Section 21. 978.03 (3) of the statutes is amended to read:

AB533,25,21 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m) or (2) may appoint such temporary counsel as may be authorized by the department of administration.

Note: This Section creates an exception to the general statutory duties of assistant district attorneys to permit the assistant district attorneys filling the project positions created under the bill to perform exclusively restorative justice services.

AB533, s. 22 Section 22 . 978.044 of the statutes is created to read:

AB533,26,3 978.044 Assistants to perform restorative justice services. (1) Definitions. In this section:

AB533,26,4 (a) "Crime" has the meaning given in s. 950.02 (1m).

AB533,26,6 (b) "Offender" means an individual who is, or could be, charged with or petitioned for having committed a crime.

AB533,26,7 (c) "Victim" has the meaning given in s. 950.02 (4).

AB533,26,12 (2) Duties. The district attorneys of Dane and Milwaukee counties and of the county selected under sub. (4) shall each assign one assistant district attorney in his or her prosecutorial unit to be a restorative justice coordinator. An assistant district attorney assigned under this subsection to be the restorative justice coordinator shall do all the following:

AB533,26,15 (a) Establish restorative justice programming that provides a forum where an offender meets with his or her victim or engages in other activities to do all of the following:

AB533,26,16 1. Discuss the impact of the offender's crime on the victim or on the community.

AB533,26,18 2. Provide support to the victim and methods for reintegrating the victim into community life.

AB533,26,19 3. Explore potential restorative responses by the offender.

AB533,26,20 4. Provide methods for reintegrating the offender into community life.

AB533,26,22 (b) Provide assistance to the district attorney in other counties relating to the establishment of restorative justice programming, as described in par. (a).

AB533,26,23 (c) Maintain a record of all of the following:

AB533,27,2 1. The amount of time spent implementing the requirements of pars. (a) and (b).