AB1006: Bill Text

AB1006,25 Section 25 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB1006,9,9 165.95 (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).

AB1006,26 Section 26 . 165.95 (5m) of the statutes is repealed.

AB1006,27 Section 27 . 165.95 (6) of the statutes is amended to read:

AB1006,9,18 165.95 (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe's and each county department's role in developing, administering, and evaluating the program. 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 program.

AB1006,28 Section 28 . 302.43 of the statutes is amended to read:

AB1006,9,25 302.43 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. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1006,29 Section 29 . 950.04 (1v) (g) of the statutes is amended to read:

AB1006,10,13 950.04 (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. c., 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB1006,30 Section 30 . 961.472 (5) (b) of the statutes is amended to read:

AB1006,10,17 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder 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).

AB1006,31 Section 31 . 967.11 of the statutes is amended to read:

AB1006,10,22 967.11 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. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1006,11,3 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB1006,32 Section 32 . 973.155 (1m) of the statutes is amended to read:

AB1006,11,9 973.155 (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. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB1006,33 Section 33. Nonstatutory provisions.

AB1006,11,13 (1) Study and report by criminal justice coordinating council. No later than July 1, 2021, the criminal justice coordinating council shall study and report on all of the following:

AB1006,11,18 (a) The case load and distribution of criminal cases across the state and the distribution of assistant district attorneys, public defenders, and circuit court judges. The report shall include recommendations for adjustments to the assignment process or distribution of district attorneys, public defenders, and circuit court judges.

AB1006,11,20 (b) The impact of treatment courts, deferrals, and diversions on attorney time spent on a case and on the length of time that a case stays open.

AB1006,11,23 (c) The recidivism rates of participants in a treatment alternatives and diversion program compared to the recidivism rates of similarly situated individuals who do not participate in a treatment alternatives and diversion program.

AB1006,34 Section 34. Fiscal changes; alternatives to prosecution and incarceration.

AB1006,12,4 (1) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $2,000,000 to expand capacity within programs that are funded by grants under s. 165.95 (2) on the effective date of this subsection.

AB1006,12,9 (2) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $1,000,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that address mental health, mental health courts, or diversion or deferral programs addressing mental health.

AB1006,12,14 (3) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $500,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that are designed to divert cases before criminal charges are filed.

AB1006,12,19 (4) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $500,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that are designed to incorporate restorative justice practices into diversion or deferred prosecution programs.

AB1006,12,24 (5) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $5,000,000 to provide grants under s. 165.95 (2) for programs that provide in-patient or out-patient substance use disorder treatment, housing for individuals in recovery, transportation, or transitional jobs.

AB1006,35 Section 35 . Initial applicability.

AB1006,13,2 (1) Treatment alternatives and diversions. The treatment of s. 165.95 first applies to grants awarded on July 1, 2020.

AB1006,13,3 (End)