AB52: Bill Text

AB52,6 Section 6. 165.847 of the statutes is created to read:

AB52,6,19 165.847 Criminal justice coordinating council. The criminal justice coordinating council shall do all of the following:

AB52,7,2 (1) Study and provide recommendations to the governor, the legislature, the department of corrections, the department of health services, and the department of workforce development on matters related to coordinating the services of state and local government agencies and nongovernmental entities in the criminal justice system to increase efficiency, effectiveness, and public safety.

AB52,7,8 (2) Provide recommendations to the governor, the legislature, the department of corrections, the department of health services, and the department of workforce development regarding the use of evidence-based practices, risk reduction programming, crime prevention, diversion, and community-based alternatives to confinement to increase public safety, reduce recidivism, and improve offender and system accountability.

AB52,7,11 (3) Study county-level programs related to criminal justice, including treatment alternatives, diversion initiatives, and specialty courts, and disseminate information about programs the council determines are effective and innovative.

AB52,7,13 (4) Facilitate the development of county or multicounty criminal justice oversight committees.

AB52,7,17 (5) Provide recommendations to the governor, the legislature, the department of corrections, the department of health services, and the department of workforce development regarding the collection and synthesis of real-time criminal justice data and the tracking of system indicators.

AB52,7,20 (6) Assist the governor in identifying stable and adequate funding sources for the criminal justice system and identifying areas where greater cost-effectiveness could be achieved.

AB52,7,21 (7) Assist the governor in evaluating criminal justice policies.

AB52,8,2 (8) Study, and make recommendations to the governor, the legislature, the department of corrections, the department of health services, and the department of workforce development, regarding areas in the criminal justice system in which improved collaboration and coordination would increase the effectiveness or efficiency of services by eliminating duplication, filling service gaps, or improving the quality of services provided.

AB52,8,7 (9) Study whether racial, demographic, or other disparities exist between treatment court participants and individuals who are denied participation, and make recommendations to the governor, the attorney general, the legislature, the department of corrections, and the department of justice, on how to remediate such disparities.

AB52,8,9 (10) Assist the governor with strategic planning for, and management of, federal block grant or federal formula grant funds.

AB52,8,14 (11) Annually, submit a report on the progress of the council's work to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), the governor, the chief justice of the supreme court, the department of corrections, the department of health services, and the department of workforce development.

AB52,8,16 (12) Develop a system that tracks and reports, on a monthly basis, state criminal justice data, including all of the following:

AB52,8,18 (a) The rate of violent crime, as reported by law enforcement agencies in uniform crime reports or incident-based reports.

AB52,8,19 (b) The average daily population of prisons and county jails.

AB52,8,20 (c) The number of felony criminal cases filed in circuit courts.

AB52,8,21 (d) The number of persons sentenced to prison by the circuit courts.

AB52,8,23 (e) The number of persons imprisoned due to revocation of parole or extended supervision.

AB52,8,24 (f) The number of persons imprisoned due to probation revocation.

AB52,8,25 (g) The number of persons released to parole or extended supervision.

AB52,9,1 (h) The number of persons placed on probation by the courts.

AB52,9,3 (i) The number of persons discharged from probation, parole, or extended supervision.

Note: This Section sets forth the duties of the CJCC.

AB52,7 Section 7 . 165.95 (1) (intro.) of the statutes is amended to read:

AB52,9,6 165.95 (1) (intro.) In this section, "violent offender" means a person to whom one of the following applies:

AB52,8 Section 8. 165.95 (1) (a) of the statutes is repealed.

Note: Sections 7 , 13, and 15 repeal the current definition of "violent offender" used in the TAD program; this definition is recreated in Section 11 of the bill. Section 15 also repeals the requirement that any county that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant.

AB52,9 Section 9 . 165.95 (1) (ag) of the statutes is created to read:

AB52,9,11 165.95 (1) (ag) "Evidence-based" means using research to determine how effective a practice is at achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

Note: Sections 9 , 10, 11 , and 12 create definitions of "evidence-based," "tribe," "violent offender," and "violent offense," which are used in the TAD program as modified in this bill.

AB52,10 Section 10 . 165.95 (1) (am) of the statutes is created to read:

AB52,9,13 165.95 (1) (am) "Tribe" has the meaning given in s. 165.91.

AB52,11 Section 11 . 165.95 (1) (ar) of the statutes is created to read:

AB52,9,16 165.95 (1) (ar) "Violent offender" means a person who has been charged with or convicted of a violent offense in a pending case.

AB52,12 Section 12 . 165.95 (1) (av) of the statutes is created to read:

AB52,9,18 165.95 (1) (av) "Violent offense" means any of the following:

AB52,9,20 1. An offense during which the person carried, possessed, or used a dangerous weapon.

AB52,10,1 2. An offense during which the person used force against another person.

AB52,10,3 3. As a result of the person's offense, a person died or suffered serious bodily harm.

AB52,10,4 4. A serious sex offense, as defined in s. 939.615 (1) (b).

AB52,13 Section 13 . 165.95 (1) (b) of the statutes is repealed.

AB52,14 Section 14 . 165.95 (2) of the statutes is amended to read:

AB52,10,17 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs projects, including suspended and deferred prosecution programs projects and programs based on principles of restorative justice, projects that operate within the continuum from arrest to discharge from supervision that provide alternatives to prosecution and, incarceration, or both, for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (em), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program criminal justice coordinating council in order to maximize the impact of the projects funded by grants awarded under this section.

Note: Section 14 changes references in the current TAD statute from "program" to "projects." It also describes TAD describes TAD projects as those "that operate within the continuum from arrest to discharge from supervision" and that provide alternatives to prosecution, incarceration, or both. Also, it provides that these projects are not limited to criminal offenders who abuse alcohol or other drugs. Finally, it requires the DOJ to consult with the CJCC, rather than the departments of corrections and family services, both of which are members of the CJCC.

AB52,15 Section 15 . 165.95 (2r) of the statutes is repealed.

AB52,16 Section 16. 165.95 (3) (intro.) of the statutes is amended to read:

AB52,10,21 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) if all of the following apply:

AB52,17 Section 17 . 165.95 (3) (a) of the statutes is repealed.

Note: Section 17 repeals a provision under the current TAD statute that provides that it 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.

AB52,18 Section 18 . 165.95 (3) (ae) of the statutes is created to read:

AB52,11,8 165.95 (3) (ae) 1. The project specifies whether a violent offender is eligible to participate in the project, and further specifies whether a violent offender who, in a pending case, is charged or convicted of a violent offense, described in sub. (1) (av) 4. or a violent offender who, in a pending case, is charged or convicted of a domestic abuse offense as defined in s. 968.075 (1) (a), or both, is eligible to participate in the project.

AB52,11,10 2. If a project specifies that a violent offender is eligible to participate in the project, the project shall do all of the following:

AB52,11,13 a. Include at least one representative of an organization that advocates for victims of violent crime on the criminal justice oversight committee specified in par. (cm), provided such an advocate exists in the project's county.

AB52,11,18 b. If a violent offender who, in a pending case, has been charged or convicted of a domestic abuse offense, as defined in s. 968.075 (1) (a), is allowed to participate in the project, the criminal justice oversight committee specified in par. (cm) shall consult with a batterers' treatment provider and define how batterers' treatment will be used to treat these violent offenders.

AB52,11,22 c. 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.

Note: Section 18 changes the TAD program provisions regarding violent offender participation. The project must specify, in its application, whether or not a violent offender is eligible to participate in the project. A "violent offender" is a person who has been charged with or convicted of a violent offense, in a pending case. A "violent offense" means any of the following:

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.