Amendment AA7-ASA2-AB50

AB50-ASA2-AA7,34,3 165.95 (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.

AB50-ASA2-AA7,76 Section 76. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB50-ASA2-AA7,34,10 165.95 (3d) The An alternatives to prosecution and incarceration program requires 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.

AB50-ASA2-AA7,77 Section 77. 165.95 (3) (j) of the statutes is amended to read:

AB50-ASA2-AA7,34,19 165.95 (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.

AB50-ASA2-AA7,78 Section 78. 165.95 (3) (k) of the statutes is repealed.

AB50-ASA2-AA7,79 Section 79. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB50-ASA2-AA7,35,4 165.95 (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:

AB50-ASA2-AA7,35,15 1. If the program is administered by a county, 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.

AB50-ASA2-AA7,80 Section 80. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB50-ASA2-AA7,35,23 165.95 (5) (ag) A county, or a tribe that receives a grant under this section s. 16.075, 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).

AB50-ASA2-AA7,81 Section 81. 165.95 (5) (bg) of the statutes is amended to read:

AB50-ASA2-AA7,36,6 165.95 (5) (bg) A county, or a tribe that receives a grant under this section s. 16.075, shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project alternatives to prosecution and incarceration program and prepare the reports under sub. (5p).

AB50-ASA2-AA7,82 Section 82. 165.95 (5m) of the statutes is repealed.

AB50-ASA2-AA7,83 Section 83. 165.95 (5p) (a) of the statutes is amended to read:

AB50-ASA2-AA7,36,13 165.95 (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program alternatives to prosecution and incarceration programs in this state. The department of justice shall make the report available to the public.

AB50-ASA2-AA7,84 Section 84. 165.95 (5p) (b) of the statutes is amended to read:

AB50-ASA2-AA7,36,21 165.95 (5p) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program alternatives to prosecution and incarceration programs and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB50-ASA2-AA7,85 Section 85. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended to read:

AB50-ASA2-AA7,37,6 16.075 (7) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section sub. (2). 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 oversight committee established under sub. (5) (a) identified in s. 165.95 (3) (cm) shall consist of representatives from each county or tribe.

AB50-ASA2-AA7,86 Section 86. 165.95 (7) of the statutes is repealed.

AB50-ASA2-AA7,87 Section 87. 165.95 (7m) of the statutes is renumbered 16.075 (3) and amended to read:

AB50-ASA2-AA7,37,14 16.075 (3) Beginning in fiscal year 2012-13, the The department of justice shall, every 5 years, make grants under this section sub. (2) available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection sub. (2) regardless of whether the county or tribe has received a grant previously under this section sub. (2).

AB50-ASA2-AA7,88 Section 88. 165.95 (8) of the statutes is amended to read:

AB50-ASA2-AA7,37,18 165.95 (8) The department of justice shall assist a county or tribe receiving a grant under this section that operates an alternatives to prosecution and incarceration program in obtaining funding from other sources for its program.

AB50-ASA2-AA7,89 Section 89. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended to read:

AB50-ASA2-AA7,37,24 16.075 (4) The department of justice shall inform any county or tribe that is applying for a grant under this section sub. (2) whether the county or tribe meets the requirements established under sub. s. 165.95 (3), regardless of whether the county or tribe receives a grant.

AB50-ASA2-AA7,90 Section 90. 165.95 (10) of the statutes is repealed.

AB50-ASA2-AA7,91 Section 91. 165.955 of the statutes is repealed.

AB50-ASA2-AA7,92 Section 92. 302.43 of the statutes is amended to read:

AB50-ASA2-AA7,38,18 302.43 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).

AB50-ASA2-AA7,93 Section 93. 758.19 (5) (bf) of the statutes is created to read:

AB50-ASA2-AA7,38,22 758.19 (5) (bf) No later than January 1, 2026, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $24,596,100, which the director of state courts shall distribute as follows:

AB50-ASA2-AA7,38,23 1. For each circuit court branch in the county, $52,300.

AB50-ASA2-AA7,39,2 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $12,400.

AB50-ASA2-AA7,39,6 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1. and 2.

AB50-ASA2-AA7,94 Section 94. 758.19 (5) (bm) of the statutes is created to read:

AB50-ASA2-AA7,39,10 758.19 (5) (bm) No later than July 1, 2026, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $35,000,000, which the director of state courts shall distribute as follows:

AB50-ASA2-AA7,39,11 1. For each circuit court branch in the county, $74,500.

AB50-ASA2-AA7,39,13 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $17,600.

AB50-ASA2-AA7,39,17 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1. and 2.

AB50-ASA2-AA7,95 Section 95. 758.19 (5) (bn) of the statutes is created to read:

AB50-ASA2-AA7,39,22 758.19 (5) (bn) No later than January 1, 2027, and by every January 1 and July 1 thereafter, from the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $35,000,000, which the director of state courts shall distribute as follows:

AB50-ASA2-AA7,39,23 1. For each circuit court branch in the county, $74,500.

AB50-ASA2-AA7,40,2 2. In addition to the payment under subd. 1., for each county with one or fewer circuit court branches, $17,600.

AB50-ASA2-AA7,40,6 3. If, after the payments are made under subds. 1. and 2., the total of a county’s payments equals less than 50 percent of the sum the county received as grants in calendar year 2026 under s. 165.95, 2023 stats., and s. 165.955, 2023 stats., an additional payment for such a difference.

AB50-ASA2-AA7,40,10 4. In addition to the payments under subds. 1. and 3., for each county with more than one circuit court branch, a payment equal to the county’s proportion of the state population multiplied by the amount remaining in the appropriation under s. 20.625 (1) (d) after the payments are made under subds. 1., 2., and 3.

AB50-ASA2-AA7,96 Section 96. 758.19 (5) (d) of the statutes is created to read:

AB50-ASA2-AA7,40,15 758.19 (5) (d) For payments under pars. (b), (bf), (bm), and (bn), for counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county on the basis of the circuit court branch caseload in each county.

AB50-ASA2-AA7,97 Section 97. 758.19 (5) (g) of the statutes is created to read:

AB50-ASA2-AA7,40,20 758.19 (5) (g) A county that fails to meet the requirements under s. 165.95 (2m) is not eligible for a payment under par. (bn) until the county establishes an alternatives to prosecution and incarceration program described under s. 165.95 (3).

AB50-ASA2-AA7,98 Section 98. 961.385 (2) (cm) 3. b. of the statutes is amended to read:

AB50-ASA2-AA7,41,2 961.385 (2) (cm) 3. b. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is monitoring the patient as part of a drug court, as defined in s. 165.955 (1), 2023 stats.

AB50-ASA2-AA7,99 Section 99. 961.41 (5) (c) 2. of the statutes is amended to read:

AB50-ASA2-AA7,41,7 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv).

AB50-ASA2-AA7,100 Section 100. 961.472 (5) (b) of the statutes is amended to read:

AB50-ASA2-AA7,41,11 961.472 (5) (b) The person is participating 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).

AB50-ASA2-AA7,101 Section 101. 967.11 (1) of the statutes is amended to read:

AB50-ASA2-AA7,41,15 967.11 (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).

AB50-ASA2-AA7,102 Section 102. 973.043 (3) of the statutes is amended to read:

AB50-ASA2-AA7,41,20 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv) and used for the purpose of making grants payments to counties under that comply with the criteria specified in s. 165.95 (3).

AB50-ASA2-AA7,103 Section 103. 973.155 (1m) of the statutes is amended to read:

AB50-ASA2-AA7,42,2 973.155 (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.

AB50-ASA2-AA7,9101 Section 9101. Nonstatutory provisions; Administration.

AB50-ASA2-AA7,42,10 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027 biennial budget act, the department of administration shall submit information concerning the appropriation under s. 20.505 (1) (cb) as though the total amount appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year was $142,500 more than the total amount that was actually appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year.

AB50-ASA2-AA7,9127 Section 9127. Nonstatutory provisions; Justice.

AB50-ASA2-AA7,42,14 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 165.95 (7) and (7m), the department of justice may not make any grants for the calendar year beginning January 1, 2027.

AB50-ASA2-AA7,9401 Section 9401. Effective dates; Administration.

AB50-ASA2-AA7,42,17 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 16.075 and 20.505 (1) (cb) takes effect on January 1, 2027.

AB50-ASA2-AA7,9407 Section 9407. Effective dates; Circuit Courts.

AB50-ASA2-AA7,42,21 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 758.19 (5) (g) and 961.385 (2) (cm) 3. b. takes effect on January 1, 2027.

AB50-ASA2-AA7,9427 Section 9427. Effective dates; Justice.

AB50-ASA2-AA7,43,4 (1) Alternatives to prosecution and incarceration and drug court grant programs. The treatment of ss. 20.455 (2) (eg), (em), (jd), (kn), and (kv), 20.505 (1) (id) 5., 46.47 (1) (b), 165.25 (10m) (intro.), 165.95 (title), (1) (ac), (2), (2m), (2r), (3) (intro.), (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a), (b), and (bg), (5m), (5p) (a) and (b), (6), (7), (7m), (8), (9), and (10), 165.955, 961.41 (5) (c) 2., and 973.043 (3) take effect on January 1, 2027.”.

AB50-ASA2-AA7,43,5 25. At the appropriate places, insert all of the following:

AB50-ASA2-AA7,43,6 “Section 104. 20.192 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA7,43,15 20.192 (1) (a) Operations and programs. A sum sufficient in each fiscal year equal to the amount obtained by subtracting from $41,550,700 $46,000,000 an amount equal to the sum of the amounts expended in that fiscal year from the appropriations under pars. (r) and (s), for the operations of the Wisconsin Economic Development Corporation and for funding economic development programs developed and implemented under s. 238.03. No more than $16,512,500 may be expended from this appropriation in any fiscal year, and moneys may be expended from this appropriation only if there are no unencumbered moneys available in the appropriation account under par. (r).”.

AB50-ASA2-AA7,43,16 26. At the appropriate places, insert all of the following:

AB50-ASA2-AA7,44,5 “Section 105. 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

AB50-ASA2-AA7,106 Section 106. 20.566 (1) (gc) of the statutes is created to read:

AB50-ASA2-AA7,44,12 20.566 (1) (gc) Administration of transit authority taxes. From the moneys received from the appropriation account under s. 20.835 (4) (gc), the amounts in the schedule for the purpose of administering the transit authority taxes imposed under s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the unencumbered balance in this appropriation account shall be transferred to the appropriation account under s. 20.835 (4) (gc).

AB50-ASA2-AA7,107 Section 107. 20.566 (1) (gh) of the statutes is created to read:

AB50-ASA2-AA7,44,21 20.566 (1) (gh) Administration of regional transit authority fees. The amounts in the schedule for administering the fees imposed under subch. XIV of ch. 77. An amount equal to 2.55 percent of all moneys received from the fees imposed under subch. XIV of ch. 77 shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), at the end of each fiscal year the unencumbered balance in this appropriation account that exceeds 10 percent of the expenditures from this appropriation during the fiscal year shall be transferred to the appropriation account under s. 20.835 (4) (gh).

AB50-ASA2-AA7,108 Section 108. 20.835 (4) (gc) of the statutes is created to read:

AB50-ASA2-AA7,45,5 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc), for the purpose of distribution to the transit authorities that adopt a resolution imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gc).

AB50-ASA2-AA7,109 Section 109. 20.835 (4) (gh) of the statutes is created to read:

AB50-ASA2-AA7,45,12 20.835 (4) (gh) Regional transit authority fees. All moneys received from the fees imposed under subch. XIV of ch. 77, and from the appropriation account under s. 20.566 (1) (gh), for distribution to regional transit authorities created under s. 66.1039 (2), except that 2.55 percent of the moneys received from the fees imposed under subch. XIV of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gh).

AB50-ASA2-AA7,110 Section 110. 32.02 (11) of the statutes is amended to read: