AB443,10,7 6(3) Requirements for grant recipients. An agency receiving a grant under
7this section shall do all of the following:
AB443,10,108 (a) Provide information to neighborhood organizations about funding and other
9assistance that may be available to neighborhood organizations from private and
10public entities.
AB443,10,1211 (b) Assist neighborhood organizations in obtaining funding and other
12assistance from public and private entities.
AB443,10,1413 (c) Act as a liaison between neighborhood organizations and public and private
14entities.
AB443,10,1615 (d) Provide appropriate training and professional development services to
16members of neighborhood organizations.
AB443,10,1817 (e) Engage in outreach to neighborhood organizations to inform them of the
18services available from the agency.
AB443,10,2019 (f) Undertake other activities that will increase the effectiveness and facilitate
20the development of neighborhood organizations.
AB443,10,23 21(4) Report. An agency receiving a grant under this section shall submit to the
22department within 90 days after spending the full amount of the grant a report
23detailing the actual use of the proceeds of the grant.
AB443,10,24 24(5) Sunset. This section does not apply after June 30, 2005.
AB443, s. 12 25Section 12. 59.54 (27) of the statutes is created to read:
AB443,11,2
159.54 (27) Religious organizations; contract powers. (a) Definition. In this
2subsection, "board" includes any department, as defined in s. 59.60 (2) (a).
AB443,11,93 (b) General purpose and authority. The purpose of this subsection is to allow
4the board to contract with, or award grants to, religious organizations, under any
5program administered by the county dealing with delinquency and crime prevention
6or the rehabilitation of offenders, on the same basis as any other nongovernmental
7provider, without impairing the religious character of such organizations and
8without diminishing the religious freedom of beneficiaries of assistance funded
9under such program.
AB443,11,1910 (c) Nondiscrimination against religious organizations. If the board is
11authorized to contract with a nongovernmental entity, or is authorized to award
12grants to a nongovernmental entity, religious organizations are eligible, on the same
13basis as any other private organization, to be contractors and grantees under any
14program administered by the board so long as the programs are implemented
15consistently with the first amendment to the U.S. Constitution and article I, section
1618, of the Wisconsin constitution. Except as provided in par. (L), the board may not
17discriminate against an organization that is or applies to be a contractor or grantee
18on the basis that the organization does or does not have a religious character or
19because of the specific religious nature of the organization.
AB443,11,2320 (d) Religious character and freedom. 1. The board shall allow a religious
21organization with which the board contracts or to which the board awards a grant
22to retain its independence from government, including the organization's control
23over the definition, development, practice, and expression of its religious beliefs.
AB443,12,3
12. The board may not require a religious organization to alter its form of
2internal governance or to remove religious art, icons, scripture, or other symbols to
3be eligible for a contract or grant.
AB443,12,94 (e) Rights of beneficiaries of assistance. 1. If the board contracts with, or
5awards grants to, a religious organization for the provision of crime prevention or
6offender rehabilitation assistance under a program administered by the board, an
7individual who is eligible for this assistance shall be informed in writing that
8assistance of equal value and accessibility is available from a nonreligious provider
9upon request.
AB443,12,1510 2. The board shall provide an individual who is otherwise eligible for assistance
11from an organization described under subd. 1. with assistance of equal value from
12a nonreligious provider if the individual objects to the religious character of the
13organization described under subd. 1. and requests assistance from a nonreligious
14provider. The board shall provide such assistance within a reasonable period of time
15after the date of the objection and shall ensure that it is accessible to the individual.
AB443,12,1916 (f) Employment practices. To the extent permitted under federal law, a religious
17organization's exemption under 42 USC 2000e-la regarding employment practices
18is not affected by its participation in, or receipt of funds from, programs administered
19by the board.
AB443,12,2320 (g) Nondiscrimination against beneficiaries. A religious organization may not
21discriminate against an individual in regard to rendering assistance that is funded
22under any program administered by the board on the basis of religion, a religious
23belief or nonbelief, or a refusal to actively participate in a religious practice.
AB443,13,324 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious
25organization that contracts with or receives a grant from the board is subject to the

1same laws and rules as other contractors and grantees regarding accounting, in
2accord with generally accepted auditing principles, for the use of the funds provided
3under such programs.
AB443,13,64 2. If the religious organization segregates funds provided under programs
5administered by the board into separate accounts, only the financial assistance
6provided with those funds shall be subject to audit.
AB443,13,97 (i) Compliance. Any party that seeks to enforce its rights under this subsection
8may bring a civil action for injunctive relief against the entity that allegedly commits
9the violation.
AB443,13,1210 (j) Limitations on use of funds for certain purposes. No funds provided directly
11to religious organizations by the board may be expended for sectarian worship,
12instruction, or proselytization.
AB443,13,1913 (k) Certification of compliance. Every religious organization that contracts
14with or receives a grant from the county board to provide delinquency and crime
15prevention or offender rehabilitation services to eligible recipients shall certify in
16writing that it has complied with the requirements of pars. (g) and (j) and submit to
17the board a copy of this certification and a written description of the policies the
18organization has adopted to ensure that it has complied with the requirements under
19pars. (g) and (j).
AB443,13,2320 (L) Preemption. Nothing in this subsection may be construed to preempt any
21provision of federal law, the U.S. Constitution, the Wisconsin constitution, or any
22other statute that prohibits or restricts the expenditure of federal or state funds by
23or the granting of federal or state funds to religious organizations.
AB443, s. 13 24Section 13. 230.08 (2) (e) 1. of the statutes is amended to read:
AB443,13,2525 230.08 (2) (e) 1. Administration — 12 13.
AB443, s. 14
1Section 14. 301.03 (2t) of the statutes is created to read:
AB443,14,42 301.03 (2t) (a) Develop one or more methods to evaluate the effectiveness of,
3and develop performance standards for, alcohol and other drug abuse intervention
4and treatment services that are administered by the department.
AB443,14,95 (b) Adopt policies to ensure that, to the extent possible under state and federal
6law, funding for alcohol and other drug abuse intervention and treatment services
7that are administered by the department is distributed giving primary consideration
8to the effectiveness of the services in meeting department performance standards for
9alcohol and other drug abuse services.
AB443,14,1310 (c) Require every application for funding from the department for alcohol and
11other drug abuse intervention or treatment services to include a plan for the
12evaluation of the effectiveness of the services in reducing alcohol and other drug
13abuse by recipients of the services.
AB443,14,1614 (d) Require every person receiving funding from the department for alcohol and
15other drug abuse intervention or treatment services to provide the department the
16results of the evaluation conducted under par. (c).
AB443, s. 15 17Section 15 . 301.047 of the statutes is created to read:
AB443,14,25 18301.047 Inmate rehabilitation and aftercare. (1) Program. The
19department may permit one or more nonprofit community-based organizations
20meeting the requirements of this section to operate an inmate rehabilitation
21program in the Milwaukee alcohol and other drug abuse treatment facility
22enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b) 1., if the department
23determines that operation of that program does not constitute a threat to the security
24of the facility or the safety of inmates or the public and that operation of the program
25is in the best interest of the inmates.
AB443,15,4
1(2) Program requirements. (a) An organization seeking to operate a
2rehabilitation program under sub. (1) shall submit to the department a detailed
3proposal for the operation of the program. The proposal shall include all of the
4following:
AB443,15,65 1. A description of the services to be provided, including aftercare services, and
6a description of the geographic area in which aftercare services will be provided.
AB443,15,87 2. A description of the activities to be undertaken and the approximate daily
8schedule of programming for inmates participating in the program.
AB443,15,99 3. A statement of the qualifications of the individuals providing services.
AB443,15,1110 4. A statement of the organization's policies regarding eligibility of inmates to
11participate in the program.
AB443,15,1212 5. A statement of the goals of the program.
AB443,15,1413 6. A description of the methods by which the organization will evaluate the
14effectiveness of the program in attaining the goals under subd. 5.
AB443,15,1515 7. Any other information specified by the department.
AB443,15,1716 (b) An organization seeking to operate a rehabilitation program under sub. (1)
17shall agree in writing to all of the following:
AB443,15,1918 1. The organization may not receive compensation from the department for
19services provided in the rehabilitation program.
AB443,15,2120 2. The organization may not deny an inmate the opportunity to participate in
21the program for any reason related to the inmate's religious beliefs or nonbelief.
AB443,15,2222 3. An inmate may stop participating in the program at any time.
AB443,15,2523 4. Upon the inmate's release, the organization shall provide community-based
24aftercare services for each inmate who completes the program and who resides in the
25geographic area described in par. (a) 1.
AB443,16,3
1(3) Duties and authority of the department. (a) The department shall
2establish policies that provide an organization operating a rehabilitation program
3under sub. (1) reasonable access to inmates.
AB443,16,74 (b) The department shall designate a specific portion of the facility for
5operation of a rehabilitation program, if one is established, under sub. (1). To the
6extent possible, inmates participating in the program shall be housed in the portion
7of the facility in which the program is operated.
AB443,16,98 (c) The department may not require an inmate to participate in a rehabilitation
9program under sub. (1).
AB443,16,1310 (d) The department may not base any decision regarding an inmate's conditions
11of confinement, including discipline, or an inmate's eligibility for release, on an
12inmate's decision to participate or not to participate in a rehabilitation program
13under sub. (1).
AB443,16,1714 (e) The treatment of inmates, including the provision of housing, activities in
15which an inmate may participate, freedom of movement, and work assignments,
16shall be substantially the same for inmates who participate in a rehabilitation
17program under sub. (1) and inmates who do not participate in such a program.
AB443,16,2018 (f) The department may restrict an inmate's participation in a rehabilitation
19program under sub. (1) only if the restriction is necessary for the security of the
20facility or the safety of the inmates or the public.
AB443,17,221 (g) The department may suspend or terminate operation of a rehabilitation
22program under sub. (1) if the organization operating the program fails to comply with
23any of the requirements under this section and shall suspend or terminate the
24operation of a program if the department determines that suspension or termination

1of the program is necessary for the security of the facility or the safety of the inmates
2or the public or is in the best interests of the inmates.
AB443,17,83 (h) 1. Except as provided in subd. 2., if an organization operating a
4rehabilitation program under sub. (1) promotes or informs the department that the
5organization intends to promote sectarian worship, instruction, or proselytization in
6connection with the rehabilitation program, the department shall permit all other
7religious organizations meeting the requirements of this section to operate an
8inmate rehabilitation program under sub. (1).
AB443,17,139 2. The department is not required under subd. 1. to permit a religious
10organization to operate an inmate rehabilitation program under sub. (1) if the
11department determines that the organization's operation of that program
12constitutes a threat to the security of the facility or the safety of the inmates or the
13public.
AB443,17,22 14(4) Evaluation. The department shall evaluate or contract with a public or
15private agency for an evaluation of the effectiveness of a rehabilitation program
16operated under sub. (1) in reducing recidivism and alcohol and other drug abuse
17among program participants. The department shall collect the data and information
18necessary to evaluate the program. No later than 3 years from the date of the notice
19published under 2001 Wisconsin Act .... (this act), section 24, the department shall
20submit a report of the evaluation to the governor and to the appropriate standing
21committees of the legislature, as determined by the speaker of the assembly and the
22president of the senate, under s. 13.172 (3).
AB443,18,2 23(5) Suspension or termination of an inmate's participation. Notwithstanding
24sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may
25suspend or terminate an inmate's participation in a program for reasons unrelated

1to religious beliefs, including the inmate's failure to participate meaningfully in the
2program.
AB443, s. 16 3Section 16 . 301.047 of the statutes, as created by 2001 Wisconsin Act .... (this
4act), is repealed.
AB443, s. 17 5Section 17. 301.065 of the statutes is created to read:
AB443,18,13 6301.065 Religious organizations; contract powers. (1) Religious
7organizations; legislative purpose.
The purpose of this section is to allow the
8department to contract with, or award grants to, religious organizations, under any
9program administered by the department relating to the prevention of delinquency
10and crime or the rehabilitation of offenders, on the same basis as any other
11nongovernmental provider, without impairing the religious character of such
12organizations, and without diminishing the religious freedom of beneficiaries of
13assistance funded under such program.
AB443,18,23 14(2) Nondiscrimination against religious organizations. If the department is
15authorized under ch. 16 to contract with a nongovernmental entity, or to award
16grants to a nongovernmental entity, religious organizations are eligible, on the same
17basis as any other private organization, to be contractors and grantees under any
18program administered by the department so long as the programs are implemented
19consistently with the first amendment to the U.S. Constitution and article I, section
2018, of the Wisconsin constitution. Except as provided in sub. (11), the department
21may not discriminate against an organization that is or applies to be a contractor or
22grantee on the basis that the organization does or does not have a religious character
23or because of the specific religious nature of the organization.
AB443,19,3 24(3) Religious character and freedom. (a) The department shall allow a
25religious organization with which the department contracts or to which the

1department awards a grant to retain its independence from government, including
2the organization's control over the definition, development, practice, and expression
3of its religious beliefs.
AB443,19,64 (b) The department may not require a religious organization to alter its form
5of internal governance or to remove religious art, icons, scripture, or other symbols
6to be eligible for a contract or grant.
AB443,19,12 7(4) Rights of beneficiaries of assistance. (a) If the department contracts with
8or awards grants to a religious organization for the provisions of crime prevention
9or offender rehabilitation assistance under a program administered by the
10department, an individual who is eligible for this assistance shall be informed in
11writing that assistance of equal value and accessibility is available from a
12nonreligious provider upon request.
AB443,19,1913 (b) The department shall provide an individual who is otherwise eligible for
14assistance from an organization described under par. (a) with assistance of equal
15value from a nonreligious provider if the individual objects to the religious character
16of the organization described under par. (a) and requests assistance from a
17nonreligious provider. The department shall provide such assistance within a
18reasonable period of time after the date of the objection and shall ensure that it is
19accessible to the individual.
AB443,19,23 20(5) Employment practices. To the extent permitted under federal law, a
21religious organization's exemption under 42 USC 2000e-la regarding employment
22practices is not affected by its participation in, or receipt of funds from, programs
23administered by the department.
AB443,20,2 24(6) Nondiscrimination against beneficiaries. A religious organization may not
25discriminate against an individual in regard to rendering assistance that is funded

1under any program administered by the department on the basis of religion, a
2religious belief or nonbelief, or a refusal to actively participate in a religious practice.
AB443,20,7 3(7) Fiscal accountability. (a) Except as provided in par. (b), any religious
4organization that contracts with, or receives a grant from, the department is subject
5to the same laws and rules as other contractors and grantees regarding accounting,
6in accord with generally accepted auditing principles, for the use of the funds
7provided under such programs.
AB443,20,108 (b) If the religious organization segregates funds provided under programs
9administered by the department into separate accounts, only the financial
10assistance provided with those funds shall be subject to audit.
AB443,20,13 11(8) Compliance. Any party that seeks to enforce its rights under this section
12may bring a civil action for injunctive relief against the entity that allegedly commits
13the violation.
AB443,20,16 14(9) Limitations on use of funds for certain purposes. No funds provided
15directly to religious organizations by the department may be expended for sectarian
16worship, instruction, or proselytization.
AB443,20,23 17(10) Certification of compliance. Every religious organization that contracts
18with, or receives a grant from, the department to provide delinquency and crime
19prevention or offender rehabilitation services to eligible recipients shall certify in
20writing that it has complied with the requirements of subs. (6) and (9) and submit
21to the department a copy of this certification and a written description of the policies
22the organization has adopted to ensure that it has complied with the requirements
23under subs. (6) and (9).
AB443,21,2 24(11) Preemption. Nothing in this section may be construed to preempt any
25provision of federal law, the U.S. Constitution, the Wisconsin constitution, or any

1other statute that prohibits or restricts the expenditure of federal or state funds by
2or the granting of federal or state funds to religious organizations.
AB443, s. 18 3Section 18. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB443,21,104 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
5treatment that the social service and clinical staff of the institution determines is
6necessary for the inmate, including pharmacological treatment using an
7antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
8child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not
9deny presumptive mandatory release to an inmate because of the inmate's refusal
10to participate in a rehabilitation program under s. 301.047.
AB443, s. 19 11Section 19 . 302.11 (1g) (b) 2. of the statutes, as affected by 2001 Wisconsin Act
12.... (this act), is repealed and recreated to read:
AB443,21,1713 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
14treatment that the social service and clinical staff of the institution determines is
15necessary for the inmate, including pharmacological treatment using an
16antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
17child sex offender as defined in s. 304.06 (1q) (a).
AB443, s. 20 18Section 20. 978.03 (3) of the statutes is amended to read:
AB443,21,2419 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be
20an attorney admitted to practice law in this state and, except as provided in s. ss.
21978.043 and 978.044, may perform any duty required by law to be performed by the
22district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
23or (2) may appoint such temporary counsel as may be authorized by the department
24of administration.
AB443, s. 21 25Section 21 . 978.044 of the statutes is created to read:
AB443,22,2
1978.044 Assistants to perform restorative justice services. (1)
2Definitions. In this section:
AB443,22,33 (a) "Crime" has the meaning given in s. 950.02 (1m).
AB443,22,64 (b) "Offender" means an individual who is, or could be, charged with
5committing a crime or who is, or could be, the subject of a petition under ch. 938
6alleging that he or she has committed a crime.
AB443,22,77 (c) "Victim" has the meaning given in s. 950.02 (4).
AB443,22,12 8(2) Duties. The district attorneys of Dane and Milwaukee counties and of the
9county selected under sub. (4) shall each assign one assistant district attorney in his
10or her prosecutorial unit to be a restorative justice coordinator. An assistant district
11attorney assigned under this subsection to be a restorative justice coordinator shall
12do all the following:
AB443,22,1613 (a) Establish restorative justice programs that provide support to the victim,
14help reintegrate the victim into community life, and provide a forum where an
15offender may meet with the victim or engage in other activities to do all of the
16following:
AB443,22,1717 1. Discuss the impact of the offender's crime on the victim or on the community.
AB443,22,1818 2. Explore potential restorative responses by the offender.
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