Amendment AA10-SB70

SB70-AA10,213,1 “ Section 390. 165.93 (2) (title) of the statutes is amended to read:

SB70-AA10,213,2 165.93 (2) (title) Grants by application.

SB70-AA10,391 Section 391. 165.93 (2m) of the statutes is created to read:

SB70-AA10,213,8 165.93 (2m) Grants to the Wisconsin Coalition Against Sexual Assault. In addition to the grants under sub. (2), from the appropriation under s. 20.455 (5) (e), the department shall provide a grant of $343,000 annually to the Wisconsin Coalition Against Sexual Assault to provide services for sexual assault victims. The Wisconsin Coalition Against Sexual Assault may also apply for grants under sub. (2).”.

SB70-AA10,213,9 282. Page 374, line 11: after that line insert:

SB70-AA10,213,10 “ Section 392. 20.455 (2) (ek) of the statutes is repealed.

SB70-AA10,393 Section 393. 20.455 (2) (em) (title) of the statutes is amended to read:

SB70-AA10,213,13 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments.

SB70-AA10,394 Section 394. 20.455 (2) (jd) of the statutes is amended to read:

SB70-AA10,213,20 20.455 (2) (jd) Alternatives to prosecution and incarceration grant program. The amounts in the schedule to provide grants under s. 165.95 (2) to counties that are not a recipient of a grant under the alternatives to incarceration grant program on September 23, 2017. All moneys transferred under 2017 Wisconsin Act 59, section 9228 (15t), and 2023 Wisconsin Act .... (this act), section 9227 (1), shall be credited to this appropriation account.

SB70-AA10,395 Section 395. 20.455 (2) (kn) (title) of the statutes is amended to read:

SB70-AA10,213,23 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; justice information fee.

SB70-AA10,396 Section 396. 20.455 (2) (kr) of the statutes is repealed.

SB70-AA10,397 Section 397. 20.455 (2) (kv) (title) of the statutes is amended to read:

SB70-AA10,214,3 20.455 (2) (kv) (title) Grants for substance abuse treatment programs for criminal offenders.

SB70-AA10,398 Section 398. 165.95 (title) of the statutes is amended to read:

SB70-AA10,214,6 165.95 (title) Alternatives to prosecution and incarceration; grant program.

SB70-AA10,399 Section 399 . 165.95 (1) (ac) of the statutes is created to read:

SB70-AA10,214,10 165.95 (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.

SB70-AA10,400 Section 400. 165.95 (2) of the statutes is amended to read:

SB70-AA10,214,19 165.95 (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 department of corrections and the department of health services in establishing this grant program.

SB70-AA10,401 Section 401. 165.95 (2r) of the statutes is amended to read:

SB70-AA10,214,23 165.95 (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 10 percent of the amount of the grant.

SB70-AA10,402 Section 402. 165.95 (3) (a) of the statutes is repealed.

SB70-AA10,403 Section 403 . 165.95 (3) (ag) of the statutes is created to read:

SB70-AA10,215,4 165.95 (3) (ag) The county's or tribe's 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.

SB70-AA10,404 Section 404. 165.95 (3) (bd) of the statutes is created to read:

SB70-AA10,215,8 165.95 (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.

SB70-AA10,405 Section 405. 165.95 (3) (d) of the statutes is amended to read:

SB70-AA10,215,13 165.95 (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.

SB70-AA10,406 Section 406. 165.95 (3) (e) of the statutes is amended to read:

SB70-AA10,215,16 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB70-AA10,407 Section 407. 165.95 (3) (g) of the statutes is amended to read:

SB70-AA10,215,25 165.95 (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.

SB70-AA10,408 Section 408 . 165.95 (3) (h) of the statutes is amended to read:

SB70-AA10,216,5 165.95 (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.

SB70-AA10,409 Section 409. 165.95 (3) (j) of the statutes is amended to read:

SB70-AA10,216,14 165.95 (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.

SB70-AA10,410 Section 410. 165.95 (3) (k) of the statutes is amended to read:

SB70-AA10,216,18 165.95 (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.

SB70-AA10,411 Section 411. 302.43 of the statutes is amended to read:

SB70-AA10,217,9 302.43 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).

SB70-AA10,412 Section 412 . 961.472 (5) (b) of the statutes is amended to read:

SB70-AA10,217,13 961.472 (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).

SB70-AA10,413 Section 413. 967.11 (1) of the statutes is amended to read:

SB70-AA10,217,17 967.11 (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).

SB70-AA10,414 Section 414. 967.11 (2) of the statutes is amended to read:

SB70-AA10,217,24 967.11 (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.

SB70-AA10,415 Section 415. 973.155 (1m) of the statutes is amended to read:

SB70-AA10,218,5 973.155 (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.

SB70-AA10,9227 Section 9227. Fiscal changes; Justice.

SB70-AA10,218,10 (1) Transfer of moneys for grants for alternatives to prosecution and incarceration. There is transferred the unencumbered balance in the appropriation account under s. 20.455 (2) (kr), 2021 stats., to the appropriation account under s. 20.455 (2) (jd) on the effective date of this subsection.

SB70-AA10,9327 Section 9327. Initial applicability; Justice.

SB70-AA10,218,14 (1) Treatment alternatives and diversions. The treatment of s. 165.95 (1) (ac), (2), (2r), and (3) (a), (ag), (bd), (d), (e), (g), (h), (j), and (k), first applies to grants awarded under s. 165.95 (2) on the effective date of this subsection.”.

SB70-AA10,218,15 283. Page 374, line 11: after that line insert:

SB70-AA10,218,16 “ Section 416. 23.09 (2) (d) (intro.) of the statutes is amended to read:

SB70-AA10,218,23 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or agreement, and receive by gifts or devise, lands or waters suitable for the purposes enumerated in this paragraph, and maintain such lands and waters for such purposes; and, except for the purpose specified under subd. 12., may condemn lands or waters suitable for such purposes after obtaining approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof:

SB70-AA10,417 Section 417. 27.01 (2) (a) of the statutes is amended to read:

SB70-AA10,219,7 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable for state park purposes and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly committees on natural resources. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,418 Section 418. 27.019 (10) of the statutes is amended to read:

SB70-AA10,219,19 27.019 (10) Acquisition of land. Any county in which there does not exist a county park commission acting through its rural planning committee may acquire by gift, grant, devise, donation, purchase, condemnation or otherwise, with the consent of the county board, a sufficient tract or tracts of land for the reservation for public use of river fronts, lake shores, picnic groves, outlook points from hilltops, places of special historic interest, memorial grounds, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same, and to develop and maintain the same for public use. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,419 Section 419. 27.05 (3) of the statutes is amended to read:

SB70-AA10,220,5 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease, condemnation, or otherwise, with the approval and consent of the county board, such tracts of land or public ways as it deems suitable for park purposes; including lands in any other county not more than three-fourths of a mile from the county line; but no land so acquired shall be disposed of by the county without the consent of said commission, and all moneys received for any such lands, or any materials, so disposed of, shall be paid into the county park fund hereinafter established. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,420 Section 420. 27.065 (1) (a) of the statutes is amended to read:

SB70-AA10,220,24 27.065 (1) (a) The county board of any county which shall have adopted a county system of parks or a county system of streets and parkways, pursuant to s. 27.04, may acquire the lands necessary for carrying out all or part of such plan by gift, purchase, condemnation or otherwise; provided, however, that no lands shall be acquired by condemnation unless and until the common council of the city or the board of trustees of the village or the board of supervisors of the town wherein such land is situated shall consent thereto. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). The cost of acquiring such lands by purchase or condemnation may be paid in whole or in part by the county or by the property to be benefited thereby, as the county board shall direct but in no case shall the amount assessed to any parcel of real estate exceed the benefits accruing thereto; provided, that no assessment for paying the cost of acquiring lands may be levied or collected against the property to be benefited until the governing body of the city, village or town where such lands are located has by resolution determined that the public welfare will be promoted thereby. Title to all lands acquired hereunder shall be an estate in fee simple.

SB70-AA10,421 Section 421. 27.08 (2) (b) of the statutes is amended to read:

SB70-AA10,221,13 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege; except that no lands may be acquired by condemnation for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). Gifts to any city of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the board to the common council and approved by said council by resolution. Subject to the approval of the common council the board may execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the city for park, parkway, boulevard or pleasure drive purposes.

SB70-AA10,422 Section 422. 27.08 (2) (c) of the statutes is amended to read:

SB70-AA10,221,25 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands in the name of the city for park, parkway, boulevard or pleasure drive purposes within or without the city and, with the approval of the common council, to sell or exchange property no longer required for its purposes. Every city is authorized, upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the city such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,423 Section 423. 32.015 of the statutes is repealed.

SB70-AA10,424 Section 424. 32.51 (1) (intro.) of the statutes is amended to read:

SB70-AA10,222,5 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, any city may condemn or otherwise acquire property under this subchapter for:

SB70-AA10,425 Section 425. 59.52 (6) (a) of the statutes is amended to read:

SB70-AA10,222,19 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,426 Section 426. 60.782 (2) (d) of the statutes is amended to read:

SB70-AA10,223,2 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB70-AA10,427 Section 427. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

SB70-AA10,223,14 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b), the The village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

SB70-AA10,428 Section 428. 61.34 (3) (b) of the statutes is repealed.

SB70-AA10,429 Section 429. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended to read:

SB70-AA10,224,2 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

SB70-AA10,430 Section 430. 62.22 (1) (b) of the statutes is repealed.

SB70-AA10,431 Section 431. 62.23 (17) (a) (intro.) of the statutes is amended to read:

SB70-AA10,224,11 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire by gift, lease, purchase, or condemnation any lands within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

SB70-AA10,432 Section 432. 62.23 (17) (am) of the statutes is repealed.

SB70-AA10,433 Section 433. 85.09 (2) (a) of the statutes is amended to read:

SB70-AA10,225,18 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05, except that the power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

SB70-AA10,434 Section 434. 990.01 (2) of the statutes is amended to read:

SB70-AA10,225,23 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.