AB52: Bill Text

1. An offense during which the person carried, possessed, or used a dangerous weapon.

2. An offense during which the person used force against another person.

3. As a result of the person's offense, a person died or suffered serious bodily harm.

4. A serious sex offense, as defined in s. 939.615 (1) (b).

If the project specifies that a violent offender is eligible to participate, the project must do all of the following:

1. Include at least one representative of an organization that advocates for victims of violent crime on the project's criminal justice oversight committee, provided such an advocate exists in the project's county.

2. If a violent offender who, in a pending case, has been charged or convicted of a domestic abuse offense is eligible to participate in the project, the criminal justice oversight committee must consult with a batterers' treatment provider and define how batterers' treatment will be used to treat these violent offenders.

3. At the request of the victim, have the district attorney make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings that are held in connection with the violent offender's participation in the project.

AB52,19 Section 19 . 165.95 (3) (ag) of the statutes is created to read:

AB52,12,5 165.95 (3) (ag) The project operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, incarceration, or both, including suspended and deferred prosecution or community-based corrections.

Note: Section 19 provides that, in order to be eligible for a TAD grant, the project must operate within the continuum from arrest to discharge from supervision and provide alternatives to prosecution, incarceration, or both, including deferred prosecution or community-based corrections.

AB52,20 Section 20 . 165.95 (3) (b) of the statutes is amended to read:

AB52,13,4 165.95 (3) (b) The program project is evidence-based 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.

AB52,21 Section 21. 165.95 (3) (bd) of the statutes is created to read:

AB52,13,8 165.95 (3) (bd) The project identifies each target population served by the project and identifies the evidence-based practices the project employs for each target population it serves.

AB52,22 Section 22 . 165.95 (3) (c) of the statutes is amended to read:

AB52,13,14 165.95 (3) (c) The program establishes project uses evidence-based eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program, including validated risk, needs, and responsivity assessment instruments, to determine who is eligible for participation in the project.

Note: Sections 20 to 22 modify current criteria and create new criteria for projects to comply with in order to be eligible to receive a TAD grant.

AB52,23 Section 23 . 165.95 (3) (cm) 2. of the statutes is created to read:

AB52,13,20 165.95 (3) (cm) 2. If the project is administered by a tribe, the criminal justice oversight committee shall consist of a representative of each of the following: the judiciary, criminal prosecution and criminal defense, social services providers, behavioral health treatment providers, law enforcement, corrections, and other members the oversight committee determines are appropriate to the project.

Note: Section 23 specifies the required membership of the criminal justice oversight committee of a project that is administered by a tribe.

AB52,24 Section 24 . 165.95 (3) (d), (e) and (f) of the statutes are repealed.

Note: Section 24 repeals the following three criteria that TAD projects currently must meet relating to services and treatment provisions:

• The 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.

• The program uses graduated sanctions and incentives to promote successful substance abuse treatment.

• 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 increase the payment of other court-ordered obligations.

AB52,25 Section 25 . 165.95 (3) (g) of the statutes is amended to read:

AB52,14,9 165.95 (3) (g) The program project is designed to integrate all mental health services provided to program project participants by state and local government agencies, tribes, and other organizations. The program project 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 project to monitor the person's compliance with his or her obligations under the program project, and any probation, extended supervision, and parole agent assigned to the participant.

Note: Section 25 changes references from TAD "program" to "project" and provides that the projects are not limited to mental health services or substance abuse treatment.

AB52,26 Section 26 . 165.95 (3) (h) of the statutes is amended to read:

AB52,14,14 165.95 (3) (h) The program project provides substance abuse and mental health treatment services through providers that use evidence-based practices in the delivery of services and, where applicable, that are certified by the department of health services or licensed to provide the services approved under the project.

Note: Section 26 makes the same changes as Section 25 . It also requires service providers to use evidence-based practices in the delivery of services and to be certified or licensed to do so.

AB52,27 Section 27 . 165.95 (3) (hm) of the statutes is created to read:

AB52,15,2 165.95 (3) (hm) The county or tribe agrees to submit data as requested under sub. (5).

Note: Section 27 requires county and tribal applicants for TAD projects to agree to submit requested data to DOJ.

AB52,28 Section 28 . 165.95 (3) (i) of the statutes is amended to read:

AB52,15,8 165.95 (3) (i) The program requires participants project 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.

Note: Section 28 changes a requirement in current law that participants must pay a reasonable amount for their treatment, to an optional provision.

AB52,29 Section 29 . 165.95 (3) (j) of the statutes is repealed.

Note: Section 29 repeals the requirement that a TAD project be developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, DOC, the Departments of Children and Families, and Health Services, private social services agencies, and substance abuse treatment providers. This requirement is replaced with the requirement that the project work with a criminal justice oversight committee, as provided in Section 33.

AB52,30 Section 30 . 165.95 (3) (k) of the statutes is amended to read:

AB52,15,14 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice, in consultation with the criminal justice coordinating council, to promote the objectives listed in pars. (a) and (b) this subsection.

AB52,31 Section 31 . 165.95 (3m) of the statutes is created to read:

AB52,16,3 165.95 (3m) The department of justice shall consult with the criminal justice coordinating council to determine which projects meet the specifications set forth in sub. (3) and will receive a grant under this section.

Note: Sections 30 and 31 require DOJ consultation with the CJCC with regard to certain TAD project requirements.

AB52,32 Section 32 . 165.95 (4) of the statutes is amended to read:

AB52,16,7 165.95 (4) In implementing a program project that meets the requirements of sub. (3), a county department or a tribe may contract with or award grants to a religious organization under s. 59.54 (27).

AB52,33 Section 33 . 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) and amended to read:

AB52,16,13 165.95 (3) (cm) A county that receives a grant under this section shall create an The project identifies a criminal justice oversight committee to develop and implement the project design and advise the county or tribe in administering and evaluating its program. Each project.

AB52,17,2 1. If the project 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 and, if applicable, the tribal 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 behavioral health treatment providers, and other members to be determined by the county the oversight committee determines are appropriate to the project.

Note: Section 33 specifies some of the members required to be on the county or tribal criminal justice oversight committee that will develop and implement the TAD project design, and advise the county or tribe administering and evaluating the project.

AB52,34 Section 34 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB52,17,9 165.95 (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).

Note: Section 33 provides that a county or tribe that receives a TAD grant shall submit with state audits and requires it to submit its annual report to the CJCC, and not DOJ. It also removes the requirement that the annual report address the impact that the project has on jail and prison populations.

AB52,35 Section 35 . 165.95 (5) (bg) of the statutes is created to read:

AB52,17,15 165.95 (5) (bg) A county or tribe that receives a grant under this section shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project and prepare the reports under sub. (5p).

Note: Section 35 contains data submittal requirements for the TAD projects.

AB52,36 Section 36 . 165.95 (5m) of the statutes is repealed.

Note: Section 36 deletes urine testing specifications.

AB52,37 Section 37 . 165.95 (5p) of the statutes is created to read:

AB52,18,5 165.95 (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall submit a copy of the report to the criminal justice coordinating council and shall make the report available to the public.

AB52,18,11 (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the criminal justice coordinating council and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB52,18,16 (c) The department of justice may enter into one or more contracts with another person for the purpose of evaluating the grant program and preparing the reports under pars. (a) and (b). The department of justice shall fund such contracts from moneys appropriated under s. 20.455 (2) (em) and (kv) with not more than 10 percent of the amount awarded as grants under sub. (2).

Note: Section 37 creates a new evaluation requirement for the TAD program as modified in this bill.

AB52,38 Section 38 . 165.95 (6) of the statutes is amended to read:

AB52,19,2 165.95 (6) Two or more counties A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. If counties submit Upon submitting a joint application, they each county or tribe shall include with their the application a written agreement specifying each tribe's and each county department's role in developing, administering, and evaluating the program project. 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 project.

AB52,39 Section 39 . 165.95 (7) of the statutes is amended to read:

AB52,19,8 165.95 (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 under this section, the department of justice shall notify the county 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.

Note: Section 39 eliminates the requirement that if DOJ decides to make a TAD grant to a county, that it must notify the county by September 1 of its decision, and the amount of the grant.

AB52,40 Section 40 . 165.95 (7m) of the statutes is amended to read:

AB52,19,14 165.95 (7m) Beginning in fiscal year 2012-13 2014-15, the department of justice shall, every 5 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.

AB52,41 Section 41 . 165.95 (8) of the statutes is repealed.

Note: Section 41 deletes a requirement that the DOJ must assist a county receiving a grant under this section in obtaining funding from other sources for its program.

AB52,42 Section 42 . 165.95 (9) of the statutes is repealed.

Note: Section 42 deletes a requirement that the DOJ must inform any county that is applying for a grant under this section whether the county meets the application requirements, regardless of whether the county receives a grant.

AB52,43 Section 43. 165.95 (10) of the statutes is repealed.

AB52,44 Section 44 . 165.955 (2) of the statutes is amended to read:

AB52,20,7 165.955 (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts. The department of justice shall evaluate, every 2 years, the grant program established under this section. The evaluation shall be funded from the appropriations under s. 20.455 (2) (eg). The department of justice may enter into a contract with an entity not affiliated with the grant program to conduct an independent evaluation of the grant program every 2 years.

Note: Section 44 requires DOJ to evaluate drug courts established under that section, and requires the DOJ to evaluate the program every two years. This provision specifies the funding source for the required evaluation, and provides that DOJ may enter into a contract with an independent entity that is not affiliated with the program to conduct the evaluation.

AB52,45 Section 45 . 301.095 of the statutes is repealed.

Note: Section 45 repeals the council on offender reentry within the DOC. The council's duties are assumed by the CJCC, created in this bill.

AB52,46 Section 46. 302.43 of the statutes is amended to read:

AB52,21,4 302.43 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 project that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB52,47 Section 47 . 950.04 (1v) (g) of the statutes is amended to read:

AB52,21,8 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 165.95 (3) (ae) 2. b., 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

Note: Section 47 requires victim notification if a violent offender is included in a TAD project.

AB52,48 Section 48 . 961.472 (5) (b) of the statutes is amended to read:

AB52,21,12 961.472 (5) (b) The person is participating in a an evidence-based substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB52,49 Section 49 . 967.11 of the statutes is amended to read: