Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,238,18 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-SSA2-SA2,476 Section 476. 20.455 (2) (kn) (title) of the statutes is amended to read:

SB70-SSA2-SA2,238,21 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; justice information fee.

SB70-SSA2-SA2,477 Section 477. 20.455 (2) (kr) of the statutes is repealed.

SB70-SSA2-SA2,478 Section 478. 20.455 (2) (kv) (title) of the statutes is amended to read:

SB70-SSA2-SA2,239,2 20.455 (2) (kv) (title) Grants for substance abuse treatment programs for criminal offenders.

SB70-SSA2-SA2,479 Section 479. 165.95 (title) of the statutes is amended to read:

SB70-SSA2-SA2,239,5 165.95 (title) Alternatives to prosecution and incarceration; grant program.

SB70-SSA2-SA2,480 Section 480 . 165.95 (1) (ac) of the statutes is created to read:

SB70-SSA2-SA2,239,9 165.95 (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-SSA2-SA2,481 Section 481. 165.95 (2) of the statutes is amended to read:

SB70-SSA2-SA2,239,18 165.95 (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-SSA2-SA2,482 Section 482. 165.95 (2r) of the statutes is amended to read:

SB70-SSA2-SA2,239,22 165.95 (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-SSA2-SA2,483 Section 483. 165.95 (3) (a) of the statutes is repealed.

SB70-SSA2-SA2,484 Section 484 . 165.95 (3) (ag) of the statutes is created to read:

SB70-SSA2-SA2,240,4 165.95 (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-SSA2-SA2,485 Section 485. 165.95 (3) (bd) of the statutes is created to read:

SB70-SSA2-SA2,240,8 165.95 (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-SSA2-SA2,486 Section 486. 165.95 (3) (d) of the statutes is amended to read:

SB70-SSA2-SA2,240,13 165.95 (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-SSA2-SA2,487 Section 487. 165.95 (3) (e) of the statutes is amended to read:

SB70-SSA2-SA2,240,16 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB70-SSA2-SA2,488 Section 488. 165.95 (3) (g) of the statutes is amended to read:

SB70-SSA2-SA2,240,25 165.95 (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-SSA2-SA2,489 Section 489 . 165.95 (3) (h) of the statutes is amended to read:

SB70-SSA2-SA2,241,5 165.95 (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-SSA2-SA2,490 Section 490. 165.95 (3) (j) of the statutes is amended to read:

SB70-SSA2-SA2,241,14 165.95 (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-SSA2-SA2,491 Section 491. 165.95 (3) (k) of the statutes is amended to read:

SB70-SSA2-SA2,241,18 165.95 (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-SSA2-SA2,492 Section 492. 302.43 of the statutes is amended to read:

SB70-SSA2-SA2,242,9 302.43 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-SSA2-SA2,493 Section 493 . 961.472 (5) (b) of the statutes is amended to read:

SB70-SSA2-SA2,242,13 961.472 (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-SSA2-SA2,494 Section 494. 967.11 (1) of the statutes is amended to read:

SB70-SSA2-SA2,242,17 967.11 (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-SSA2-SA2,495 Section 495. 967.11 (2) of the statutes is amended to read:

SB70-SSA2-SA2,242,24 967.11 (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-SSA2-SA2,496 Section 496. 973.155 (1m) of the statutes is amended to read:

SB70-SSA2-SA2,243,5 973.155 (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-SSA2-SA2,9227 Section 9227. Fiscal changes; Justice.

SB70-SSA2-SA2,243,10 (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-SSA2-SA2,9327 Section 9327. Initial applicability; Justice.

SB70-SSA2-SA2,243,14 (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-SSA2-SA2,243,15 248. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,243,16 “ Section 497. 165.93 (2) (title) of the statutes is amended to read:

SB70-SSA2-SA2,243,17 165.93 (2) (title) Grants by application.

SB70-SSA2-SA2,498 Section 498. 165.93 (2m) of the statutes is created to read:

SB70-SSA2-SA2,243,23 165.93 (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-SSA2-SA2,243,24 249. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,244,1 “ Section 499. 15.253 (4) of the statutes is created to read:

SB70-SSA2-SA2,244,4 15.253 (4) Office of missing and murdered indigenous women. There is created an office of missing and murdered indigenous women. The director of the office shall be appointed by the attorney general.

SB70-SSA2-SA2,500 Section 500 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA2,501 Section 501. 20.455 (5) (c) of the statutes is created to read:

SB70-SSA2-SA2,244,10 20.455 (5) (c) Office of missing and murdered indigenous women. The amounts in the schedule for the administration of the office of missing and murdered indigenous women and to provide grants under s. 165.97 (3).

SB70-SSA2-SA2,502 Section 502. 20.923 (4) (c) 7. of the statutes is created to read:

SB70-SSA2-SA2,244,13 20.923 (4) (c) 7. Justice, department of: director of the office of missing and murdered indigenous women.

SB70-SSA2-SA2,503 Section 503. 165.97 of the statutes is created to read:

SB70-SSA2-SA2,244,16 165.97 Office of missing and murdered indigenous women. (1) Definitions. In this section:

SB70-SSA2-SA2,244,17 (d) “Office” means the office of missing and murdered indigenous women.

SB70-SSA2-SA2,244,19 (m) “Tribe” means a federally recognized American Indian tribe or band in this state.

SB70-SSA2-SA2,245,1 (2) Duties. The office shall do all of the following:

SB70-SSA2-SA2,245,2 (a) Provide services to crime victims and witnesses who are members of a tribe.

SB70-SSA2-SA2,245,4 (b) Provide trauma-informed health and wellness support for crime victims, their families, and other persons who are members of a tribe.

SB70-SSA2-SA2,245,9 (c) Offer or contract with another entity to offer training relating to missing and murdered indigenous women. Training under this paragraph may include training topics such as search and rescue tactics, enhanced response and coordination tactics across federal, state, and tribal jurisdictions, and other topics relating to missing and murdered indigenous women.

SB70-SSA2-SA2,245,12 (3) Grant program. The office shall establish a program to provide grants from the appropriation under s. 20.455 (5) (c) to tribes and organizations affiliated with tribes relating to missing and murdered indigenous women.

SB70-SSA2-SA2,504 Section 504. 230.08 (2) (wd) of the statutes is created to read:

SB70-SSA2-SA2,245,15 230.08 (2) (wd) The director of the office of missing and murdered indigenous women in the department of justice.

SB70-SSA2-SA2,9127 Section 9127. Nonstatutory provisions; Justice.

SB70-SSA2-SA2,245,21 (1) Office of missing and murdered indigenous women. The authorized FTE positions to the department of justice are increased by 3.0 GPR positions staff the office of missing and murdered indigenous women. One of the positions authorized under this subsection shall be the director of the office of missing and murdered indigenous women under s. 20.923 (4) (c) 7.”.

SB70-SSA2-SA2,245,22 250. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,245,23 “ Section 505. 165.73 of the statutes is created to read:

SB70-SSA2-SA2,246,2 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

SB70-SSA2-SA2,246,6 (2) The department of justice shall provide a publicly accessible Internet-based reporting system and a telephone hotline for the reporting of hate crimes. The department of justice shall ensure that the reporting system and hotline do all of the following:

SB70-SSA2-SA2,246,8 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

SB70-SSA2-SA2,246,9 (b) Direct individuals to appropriate local support services.

SB70-SSA2-SA2,246,12 (c) Maintain confidentiality for any personally identifiable information that an individual provides through the reporting system or hotline, except as needed for investigative, legal, or crime victims service purposes.

SB70-SSA2-SA2,246,15 (d) Are staffed by individuals who are trained to be knowledgeable about applicable federal, state, and local hate crime laws and law enforcement and support services.

SB70-SSA2-SA2,246,19 (3) The department of justice shall collaborate with community organizations to provide a public education campaign to raise awareness of hate crimes and to promote the reporting of hate crimes using the reporting system and hotline described in sub. (2).

SB70-SSA2-SA2,246,21 (4) The department of justice shall collect data on hate crime reporting under sub. (2).”.

SB70-SSA2-SA2,246,22 251. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,246,23 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-SSA2-SA2,247,3 (1) Realignment of funding and positions. Adjust funding and positions between appropriations to reflect various organizational modifications within the Department. The adjustments include a reallocation of all of the following:

SB70-SSA2-SA2,247,7 (a) $9,072,200 GPR and $12,100 PR within the Secretary's Office to allow the Department to create budgetary subunits for the currently existing research unit, reentry unit, Prison Rape Elimination Act (PREA) unit, Office of Legal Counsel, Office of Internal Affairs, and Office of Public Information.

SB70-SSA2-SA2,247,11 (b) $251,000 GPR from the general program operations appropriation (Bureau of Personnel and Human Resources) to the services for community corrections appropriation (Bureau of Personnel and Human Resources) to more accurately reflect human resource services by appropriation.

SB70-SSA2-SA2,247,14 (c) 8.0 GPR positions and associated funding ($676,800 GPR) from the general programs operations appropriation to the services for community corrections appropriation related to a previous transfer of positions.

SB70-SSA2-SA2,247,17 (d) 7.70 PR positions and associated funding ($553,700) to GPR positions and funding to account for a decrease in PR revenue, but an on-going utilization of the positions.

SB70-SSA2-SA2,247,20 (e) $490,000 GPR and 4.0 GPR positions to match the reallocation of the positions (and associated funding) from the Divisions of Community Corrections and Juvenile Justice to the Office of the Secretary in calendar year 2021.