AB68-ASA2-AA7,6,2
2“
Section 64m. 20.435 (2) (kp) of the statutes is created to read:
AB68-ASA2-AA7,6,6
3“20.435
(2) (kp)
Opening Avenues to Reentry Success program. The amounts
4in the schedule to staff the Opening Avenues to Reentry Success program. All
5moneys transferred from the appropriation account under s. 20.410 (1) (ds) shall be
6credited to this appropriation account.”.
AB68-ASA2-AA7,6,8
8“
Section 70m. 20.455 (2) (em) (title) of the statutes is amended to read:
AB68-ASA2-AA7,6,109
20.455
(2) (em) (title)
Alternatives Grants for alternatives to prosecution and
10incarceration for persons who use alcohol or other drugs; presentencing assessments.
AB68-ASA2-AA7,6,1412
20.455
(2) (ep)
Violence interruption grant program; ongoing funding. The
13amounts in the schedule for the violence interruption grant program under s.
14165.988.
AB68-ASA2-AA7,6,1816
20.455
(2) (f)
School safety. As a continuing appropriation, the amounts in the
17schedule to provide grants under s. 165.88 (2)
and to make the transfer required
18under 2021 Wisconsin Act .... (this act), section 9227 (1r).”.
AB68-ASA2-AA7,6,20
20“
Section 71m. 20.455 (2) (kn) (title) of the statutes is amended to read:
AB68-ASA2-AA7,6,2221
20.455
(2) (kn) (title)
Alternatives to prosecution and incarceration for persons
22who use alcohol or other drugs; justice information fee.
AB68-ASA2-AA7,7,3
120.455
(2) (ks)
Violence interruption grant program; initial funding. All
2moneys transferred under 2021 Wisconsin Act .... (this act), section 9227 (1r), for the
3violence interruption grant program under s. 165.988.”.
AB68-ASA2-AA7,7,96
48.02
(1d) “Adult" means a person who is 18 years of age or older
, except that
7for purposes of investigating or prosecuting a person who is alleged to have violated
8any state or federal criminal law or any civil law or municipal ordinance, “
adult"
9means a person who has attained 17 years of age.
AB68-ASA2-AA7,7,1511
48.02
(2) “Child," when used without further qualification, means a person who
12is less than 18 years of age
, except that for purposes of investigating or prosecuting
13a person who is alleged to have violated a state or federal criminal law or any civil
14law or municipal ordinance, “child" does not include a person who has attained 17
15years of age.”.
AB68-ASA2-AA7,7,18
17“
Section 194c. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
18statutes is amended to read:
AB68-ASA2-AA7,7,2220
SUBCHAPTER IX
21
JURISDICTION OVER
PERSON 17
22
OR OLDER adults
AB68-ASA2-AA7,8,4
148.44 Jurisdiction over persons 17 or older adults. The court has
2jurisdiction over
persons 17 years of age or older
adults as provided under ss. 48.133,
348.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
4this chapter.
AB68-ASA2-AA7,8,136
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
7described in s. 48.13 it appears that any
person 17 years of age or older adult has been
8guilty of contributing to, encouraging, or tending to cause by any act or omission
,
9such that condition of the child, the judge may make orders with respect to the
10conduct of
such that person in his or her relationship to the child, including orders
11determining the ability of the person to provide for the maintenance or care of the
12child and directing when, how
, and
from where funds for the maintenance or care
13shall be paid.
AB68-ASA2-AA7,8,2115
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
16child's expectant mother alleged to be in a condition described in s. 48.133 it appears
17that any
person 17 years of age or over adult has been guilty of contributing to,
18encouraging, or tending to cause by any act or omission
, such that condition of the
19unborn child and expectant mother, the judge may make orders with respect to the
20conduct of
such that person in his or her relationship to the unborn child and
21expectant mother.
AB68-ASA2-AA7,9,223
48.45
(3) If it appears at a court hearing that any
person 17 years of age or older 24adult has violated s. 948.40, the judge shall refer the record to the district attorney
25for criminal proceedings as may be warranted in the district attorney's judgment.
1This subsection does not prevent prosecution of violations of s. 948.40 without the
2prior reference by the judge to the district attorney, as in other criminal cases.”.
AB68-ASA2-AA7,9,65
118.163
(4) A person who is
under 17 years of age a minor on the date of
6disposition is subject to s. 938.342.”.
AB68-ASA2-AA7,9,8
8“
Section 361a. 125.07 (4) (d) of the statutes is amended to read:
AB68-ASA2-AA7,9,129
125.07
(4) (d) A person who is
under 17 years of age a minor on the date of
10disposition is subject to s. 938.344 unless proceedings have been instituted against
11the person in a court of civil or criminal jurisdiction after dismissal of the citation
12under s. 938.344 (3).
AB68-ASA2-AA7,9,1514
125.07
(4) (e) 1. In this paragraph, “defendant" means a person found guilty
15of violating par. (a) or (b) who is
17, 18, 19 or 20
an adult under 21 years of age.
AB68-ASA2-AA7,9,2017
125.085
(3) (bt) A person who is
under 17 years of age a minor on the date of
18disposition is subject to s. 938.344 unless proceedings have been instituted against
19the person in a court of civil or criminal jurisdiction after dismissal of the citation
20under s. 938.344 (3).”.
AB68-ASA2-AA7,9,24
23165.27 Sentencing review council. The sentencing review council shall do
24all of the following:
AB68-ASA2-AA7,10,2
1(1) Study criminal penalties and make recommendations for reforming the
2criminal code.
AB68-ASA2-AA7,10,4
3(2) Study whether sentences for similar offenses and circumstances are
4consistent and make recommendations to ensure that sentences are equitable.
AB68-ASA2-AA7,10,6
5(3) Study and make recommendations regarding the state's bifurcated
6sentencing structure.
AB68-ASA2-AA7,10,8
7(4) Review and make recommendations regarding sentences for violations
8committed by individuals age 18 to 25.”.
AB68-ASA2-AA7,10,1211
165.83
(1) (c) 1. An act that is committed by
a person who has attained the age
12of 17 an adult and that is a felony or a misdemeanor.
AB68-ASA2-AA7,10,1614
165.83
(1) (c) 2. An act that is committed by a
person minor who has attained
15the age of 10
but who has not attained the age of 17 and that would be a felony or
16misdemeanor if committed by an adult.”.
AB68-ASA2-AA7,10,20
19165.95 (title)
Alternatives to prosecution and incarceration; grant
20program.
AB68-ASA2-AA7,10,2422
165.95
(1) (ac) “Evidence-based practice" means a practice that has been
23developed using research to determine its efficacy for achieving positive measurable
24outcomes, including reducing recidivism and increasing public safety.
AB68-ASA2-AA7,11,92
165.95
(2) The department of justice shall make grants to counties and to tribes
3to enable them to establish and operate programs, including suspended and deferred
4prosecution programs and programs based on principles of restorative justice, that
5provide alternatives to prosecution and incarceration for criminal offenders
who 6abuse alcohol or other drugs. The department of justice shall make the grants from
7the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
8of justice shall collaborate with the departments of corrections and health and family
9services in establishing this grant program.
AB68-ASA2-AA7,11,1613
165.95
(3) (ag) The program operates within the continuum from arrest to
14discharge from supervision and provides an alternative to prosecution, revocation,
15or incarceration through the use of pre-charge and post-charge diversion programs
16or treatment courts and community-based corrections.
AB68-ASA2-AA7,11,2318
165.95
(3) (b) The program
employs evidence-based practices and is designed
19to promote
and facilitate the implementation of effective criminal justice policies and
20practices that maximize justice and public
and victim safety, reduce prison and jail
21populations, reduce prosecution and incarceration costs,
and reduce recidivism
, and
22improve the welfare of participants' families by meeting the comprehensive needs of
23participants.
AB68-ASA2-AA7,12,3
1165.95
(3) (bd) The program identifies each target population served by the
2program and identifies the evidence-based practices the program employs for each
3target population it serves.
AB68-ASA2-AA7,12,105
165.95
(3) (cm) 2. If the program is administered by a tribe, the criminal justice
6oversight committee shall consist of a representative of the judiciary, a
7representative of criminal prosecution and criminal defense, a social services
8provider, a behavioral health treatment provider, a law enforcement officer, a
9representative of corrections, and other members that the oversight committee
10determines are appropriate to the program.
AB68-ASA2-AA7,12,1512
165.95
(3) (d) Services provided under the program are consistent with
13evidence-based practices
in substance abuse and mental health treatment, as
14determined by the department of health services, and the program provides
15intensive case management.
AB68-ASA2-AA7,12,1817
165.95
(3) (e) The program uses graduated sanctions and incentives to promote
18successful substance abuse treatment success.
AB68-ASA2-AA7,13,220
165.95
(3) (g) The program is designed to integrate all
mental health services
21provided to program participants by state and local government agencies
, tribes, and
22other organizations. The program shall require regular communication
and
23coordination among a participant's
substance abuse treatment providers, other 24service providers, the case manager, and any person designated under the program
25to monitor the person's compliance with his or her obligations under the program
,
1and any probation, extended supervision, and parole agent assigned to the
2participant.
AB68-ASA2-AA7,13,74
165.95
(3) (h) The program provides
substance abuse and mental health
5treatment services through providers
that
who use evidence-based practices in the
6delivery of services and, where applicable, who are certified
by the department of
7health services or licensed to provide the services approved under the program.
AB68-ASA2-AA7,362n
8Section 362n. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
9amended to read:
AB68-ASA2-AA7,13,1410
165.95
(3d) The A program
requires that receives a grant under this section
11may require participants to pay a reasonable amount for their treatment, based on
12their income and available assets, and pursues and uses all possible resources
13available through insurance and federal, state, and local aid programs, including
14cash, vouchers, and direct services.
AB68-ASA2-AA7,13,2316
165.95
(3) (j) The program is developed with input from, and implemented in
17collaboration with, one or more circuit court judges, the district attorney, the state
18public defender, local and, if applicable, tribal law enforcement officials, county
19agencies and, if applicable, tribal agencies responsible for providing social services,
20including services relating to
alcohol and other drug addiction substance use
21disorder, child welfare, mental health, and the Wisconsin Works program, the
22departments of corrections, children and families, and health services, private social
23services agencies, and substance
abuse use disorder treatment providers.
AB68-ASA2-AA7,14,3
1165.95
(3) (k) The county or tribe complies with other eligibility requirements
2established by the department of justice to promote the objectives listed in
pars. (a)
3and (b) this subsection.
AB68-ASA2-AA7,362q
4Section 362q. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm)
5(intro.) and amended to read:
AB68-ASA2-AA7,14,106
165.95
(3) (cm) (intro.)
A county or tribe that receives a grant under this section
7shall create an The program identifies a criminal justice oversight committee to
8develop and implement the program design and advise the county or tribe in
9administering and evaluating its program.
Each
The membership of each criminal
10justice oversight committee shall be as follows:
AB68-ASA2-AA7,14,22
111. If the program is administered by a county, or by a county and a tribe
12pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit
13court judge, the district attorney or his or her designee, the state public defender or
14his or her designee, a local law enforcement official, a representative of the county,
15a representative of the tribe, if applicable, a representative of each other county
16agency and, if applicable, tribal agency responsible for providing social services,
17including services relating to child welfare,
mental health, and the Wisconsin Works
18program, representatives of the department of corrections and department of health
19services, a representative from private social services agencies, a representative of
20substance abuse behavioral health treatment providers, and other members
to be
21determined by the county or tribe the oversight committee determines are
22appropriate for the program.
AB68-ASA2-AA7,362r
23Section 362r. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
24amended to read:
