Amendment AA7-ASA2-AB68

AB68-ASA2-AA7,194f Section 194f. 48.45 (1) (am) of the statutes is amended to read:

AB68-ASA2-AA7,8,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB68-ASA2-AA7,194g Section 194g. 48.45 (3) of the statutes is amended to read:

AB68-ASA2-AA7,9,2 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.”.

AB68-ASA2-AA7,9,3 20. Page 337, line 10: after that line insert:

AB68-ASA2-AA7,9,4 “ Section 351m. 118.163 (4) of the statutes is amended to read:

AB68-ASA2-AA7,9,6 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.”.

AB68-ASA2-AA7,9,7 21. Page 340, line 3: after that line insert:

AB68-ASA2-AA7,9,8 “ Section 361a. 125.07 (4) (d) of the statutes is amended to read:

AB68-ASA2-AA7,9,12 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68-ASA2-AA7,361b Section 361b. 125.07 (4) (e) 1. of the statutes is amended to read:

AB68-ASA2-AA7,9,15 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB68-ASA2-AA7,361c Section 361c. 125.085 (3) (bt) of the statutes is amended to read:

AB68-ASA2-AA7,9,20 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).”.

AB68-ASA2-AA7,9,21 22. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,9,22 “ Section 362ag. 165.27 of the statutes is created to read:

AB68-ASA2-AA7,9,24 165.27 Sentencing review council. The sentencing review council shall do all of the following:

AB68-ASA2-AA7,10,2 (1) Study criminal penalties and make recommendations for reforming the criminal code.

AB68-ASA2-AA7,10,4 (2) Study whether sentences for similar offenses and circumstances are consistent and make recommendations to ensure that sentences are equitable.

AB68-ASA2-AA7,10,6 (3) Study and make recommendations regarding the state's bifurcated sentencing structure.

AB68-ASA2-AA7,10,8 (4) Review and make recommendations regarding sentences for violations committed by individuals age 18 to 25.”.

AB68-ASA2-AA7,10,9 23. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,10,10 “ Section 362am. 165.83 (1) (c) 1. of the statutes is amended to read:

AB68-ASA2-AA7,10,12 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB68-ASA2-AA7,362an Section 362an. 165.83 (1) (c) 2. of the statutes is amended to read:

AB68-ASA2-AA7,10,16 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.”.

AB68-ASA2-AA7,10,17 24. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,10,18 “ Section 362az. 165.95 (title) of the statutes is amended to read:

AB68-ASA2-AA7,10,20 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB68-ASA2-AA7,362b Section 362b. 165.95 (1) (ac) of the statutes is created to read:

AB68-ASA2-AA7,10,24 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB68-ASA2-AA7,362c Section 362c. 165.95 (2) of the statutes is amended to read:

AB68-ASA2-AA7,11,9 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration 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) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB68-ASA2-AA7,362d Section 362d. 165.95 (2r) of the statutes is repealed.

AB68-ASA2-AA7,362e Section 362e. 165.95 (3) (a) of the statutes is repealed.

AB68-ASA2-AA7,362f Section 362f. 165.95 (3) (ag) of the statutes is created to read:

AB68-ASA2-AA7,11,16 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB68-ASA2-AA7,362g Section 362g. 165.95 (3) (b) of the statutes is amended to read:

AB68-ASA2-AA7,11,23 165.95 (3) (b) The program employs evidence-based practices 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.

AB68-ASA2-AA7,362h Section 362h. 165.95 (3) (bd) of the statutes is created to read:

AB68-ASA2-AA7,12,3 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB68-ASA2-AA7,362i Section 362i. 165.95 (3) (cm) 2. of the statutes is created to read:

AB68-ASA2-AA7,12,10 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB68-ASA2-AA7,362j Section 362j. 165.95 (3) (d) of the statutes is amended to read:

AB68-ASA2-AA7,12,15 165.95 (3) (d) 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.

AB68-ASA2-AA7,362k Section 362k. 165.95 (3) (e) of the statutes is amended to read:

AB68-ASA2-AA7,12,18 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB68-ASA2-AA7,362L Section 362L. 165.95 (3) (g) of the statutes is amended to read:

AB68-ASA2-AA7,13,2 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies , tribes, and other organizations. The program 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 to monitor the person's compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB68-ASA2-AA7,362m Section 362m. 165.95 (3) (h) of the statutes is amended to read:

AB68-ASA2-AA7,13,7 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB68-ASA2-AA7,362n Section 362n. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB68-ASA2-AA7,13,14 165.95 (3d) The A program requires that receives a grant under this section 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.

AB68-ASA2-AA7,362o Section 362o. 165.95 (3) (j) of the statutes is amended to read:

AB68-ASA2-AA7,13,23 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB68-ASA2-AA7,362p Section 362p. 165.95 (3) (k) of the statutes is amended to read:

AB68-ASA2-AA7,14,3 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b) this subsection.

AB68-ASA2-AA7,362q Section 362q. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB68-ASA2-AA7,14,10 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows:

AB68-ASA2-AA7,14,22 1. If the program 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 agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health 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 or tribe the oversight committee determines are appropriate for the program.

AB68-ASA2-AA7,362r Section 362r. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB68-ASA2-AA7,15,5 165.95 (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).

AB68-ASA2-AA7,362s Section 362s. 165.95 (5m) of the statutes is repealed.

AB68-ASA2-AA7,362t Section 362t. 165.95 (6) of the statutes is amended to read:

AB68-ASA2-AA7,15,14 165.95 (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.

AB68-ASA2-AA7,362u Section 362u. 165.95 (7) of the statutes is amended to read:

AB68-ASA2-AA7,15,20 165.95 (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 or tribe under this section, the department of justice shall notify the county or tribe 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.

AB68-ASA2-AA7,362v Section 362v. 165.95 (7m) of the statutes is amended to read:

AB68-ASA2-AA7,16,2 165.95 (7m) Beginning in fiscal year 2012-13 2021-22, the department of justice shall, every 5 4 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.”.

AB68-ASA2-AA7,16,3 25. Page 340, line 11: after that line insert:

AB68-ASA2-AA7,16,4 “ Section 363m. 165.988 of the statutes is created to read:

AB68-ASA2-AA7,16,9 165.988 Violence interruption grant program. From the appropriation accounts under s. 20.455 (2) (eq) and (ks), the department of justice shall provide grants to community organizations that are utilizing evidence-based outreach and violence interruption strategies to mediate conflicts, prevent retaliation and other potentially violent situations, and connect individuals to community supports.”.

AB68-ASA2-AA7,16,10 26. Page 346, line 2: after that line insert:

AB68-ASA2-AA7,16,11 “ Section 387c. 301.03 (6s) of the statutes is created to read:

AB68-ASA2-AA7,16,14 301.03 (6s) No later than June 15 each year, submit the following reports to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts:

AB68-ASA2-AA7,16,22 (a) A report on revocation of probation, parole, and extended supervision. The report shall include the rate of recidivism, as defined in s. 302.05 (4) (a), among probationers, parolees, and persons on extended supervision by region and demographics, including the level of the recidivism event, the number of and reason for revocations of probation, parole, and extended supervision by region and demographics, the number and lengths of short-term sanctions imposed under s. 302.115, and an accounting of the cost savings for the preceding 12-month period that resulted from the use of short-term sanctions in lieu of revocations.

AB68-ASA2-AA7,17,6 (b) A report on the earned compliance credit provided under s. 973.156 and early discharge from extended supervision under s. 973.01 (5m) in the 12 months preceding the report. The report shall include the demographics of individuals who received the earned compliance credit or were discharged early by region and demographics and the rate of recidivism, as defined in s. 302.05 (4) (a), among those individuals, and an accounting of the cost savings from reduced days of incarceration or reduced days of parole or extended supervision that resulted from the earned compliance credit under s. 973.156 or early discharge under s. 973.01 (5m).

AB68-ASA2-AA7,387d Section 387d. 301.035 (2) of the statutes is amended to read:

AB68-ASA2-AA7,17,10 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10 and 975.10 (2) and ch. 304.”.

AB68-ASA2-AA7,17,11 27. Page 346, line 2: after that line insert:

AB68-ASA2-AA7,17,12 “ Section 387m. 301.12 (2m) of the statutes is amended to read:

AB68-ASA2-AA7,17,15 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB68-ASA2-AA7,387n Section 387n. 301.12 (14) (a) of the statutes is amended to read:

AB68-ASA2-AA7,18,3 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.”.

AB68-ASA2-AA7,18,4 28. Page 346, line 17: after that line insert:

AB68-ASA2-AA7,18,5 “ Section 389a. 302.05 (title) of the statutes is amended to read:

AB68-ASA2-AA7,18,6 302.05 (title) Wisconsin substance abuse earned release program.

AB68-ASA2-AA7,389ab Section 389ab. 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,18,15 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program: