AB43: Bill Text

AB43,2328 Section 2328. 165.25 (1) of the statutes is amended to read:

AB43,,6358 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB43,2329 Section 2329. 165.25 (1m) of the statutes is amended to read:

AB43,,6360 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB43,2330 Section 2330. 165.25 (4) (ar) of the statutes is amended to read:

AB43,,6362 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB43,2331 Section 2331. 165.25 (6) (a) 1. of the statutes is amended to read:

AB43,,6364 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

AB43,2332 Section 2332. 165.25 (11) of the statutes is repealed.

AB43,2333 Section 2333. 165.25 (11m) of the statutes is created to read:

AB43,,6367 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315 and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB43,2334 Section 2334. 165.63 (3) of the statutes is amended to read:

AB43,,6369 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB43,2335 Section 2335. 165.63 (4) (d) of the statutes is amended to read:

AB43,,6371 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB43,2336 Section 2336. 165.68 (1) (a) 3. of the statutes is amended to read:

AB43,,6373 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB43,2337 Section 2337. 165.73 of the statutes is created to read:

AB43,,6375 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

AB43,,6376 (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:

AB43,,6377 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

AB43,,6378 (b) Direct individuals to appropriate local support services.

AB43,,6379 (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.

AB43,,6380 (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.

AB43,,6381 (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).

AB43,,6382 (4) The department of justice shall collect data on hate crime reporting under sub. (2).

AB43,2338 Section 2338. 165.83 (1) (c) 1. of the statutes is amended to read:

AB43,,6384 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.

AB43,2339 Section 2339. 165.83 (1) (c) 2. of the statutes is amended to read:

AB43,,6386 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.

AB43,2340 Section 2340. 165.85 (4) (a) 1m. of the statutes is created to read:

AB43,,6388 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.

AB43,2341 Section 2341. 165.93 (2) (title) of the statutes is amended to read:

AB43,,6390 165.93 (2) (title) Grants by application.

AB43,2342 Section 2342. 165.93 (2m) of the statutes is created to read:

AB43,,6392 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).

AB43,2343 Section 2343. 165.935 of the statutes is created to read:

AB43,,6394 165.935 Grants for crime victim services. The department of justice shall award grants from the appropriation under s. 20.455 (5) (bf) to organizations that provide services for crime victims.

AB43,2344 Section 2344. 165.937 of the statutes is created to read:

AB43,,6396 165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders.

AB43,,6397 (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse.

AB43,2345 Section 2345. 165.95 (title) of the statutes is amended to read:

AB43,,6399 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB43,2346 Section 2346. 165.95 (1) (ac) of the statutes is created to read:

AB43,,6401 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.

AB43,2347 Section 2347. 165.95 (2) of the statutes is amended to read:

AB43,,6403 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.

AB43,2348 Section 2348. 165.95 (2r) of the statutes is amended to read:

AB43,,6405 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.

AB43,2349 Section 2349. 165.95 (3) (a) of the statutes is repealed.

AB43,2350 Section 2350. 165.95 (3) (ag) of the statutes is created to read:

AB43,,6408 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.

AB43,2351 Section 2351. 165.95 (3) (b) of the statutes is amended to read:

AB43,,6410 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.

AB43,2352 Section 2352. 165.95 (3) (bd) of the statutes is created to read:

AB43,,6412 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.

AB43,2353 Section 2353. 165.95 (3) (cm) 2. of the statutes is created to read:

AB43,,6414 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.

AB43,2354 Section 2354. 165.95 (3) (d) of the statutes is amended to read:

AB43,,6416 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.

AB43,2355 Section 2355. 165.95 (3) (e) of the statutes is amended to read:

AB43,,6418 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB43,2356 Section 2356. 165.95 (3) (g) of the statutes is amended to read:

AB43,,6420 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.

AB43,2357 Section 2357. 165.95 (3) (h) of the statutes is amended to read:

AB43,,6422 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.

AB43,2358 Section 2358. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB43,,6424 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 to pursue and uses use all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB43,2359 Section 2359. 165.95 (3) (j) of the statutes is amended to read:

AB43,,6426 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.

AB43,2360 Section 2360. 165.95 (3) (k) of the statutes is amended to read:

AB43,,6428 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.

AB43,2361 Section 2361. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB43,,6430 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:

AB43,,6431 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.

AB43,2362 Section 2362. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB43,,6433 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).

AB43,2363 Section 2363. 165.95 (5m) of the statutes is repealed.

AB43,2364 Section 2364. 165.95 (6) of the statutes is amended to read:

AB43,,6436 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.

AB43,2365 Section 2365. 165.95 (7) of the statutes is amended to read:

AB43,,6438 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.

AB43,2366 Section 2366. 165.95 (7m) of the statutes is amended to read:

AB43,,6440 165.95 (7m) Beginning in fiscal year 2012-13 2023-24, 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.

AB43,2367 Section 2367. 165.97 of the statutes is created to read:

AB43,,6442 165.97 Office of missing and murdered indigenous women. (1) Definitions. In this section:

AB43,,6443 (d) “Office” means the office of missing and murdered indigenous women.

AB43,,6444 (m) “Tribe” means a federally recognized American Indian tribe or band in this state.

AB43,,6445 (2) Duties. The office shall do all of the following: