Amendment SA1-AB73

2025 - 2026 LEGISLATURE

LRBa0197/1

SWB&CMH:wlj

SENATE AMENDMENT 1, TO ASSEMBLY BILL 73

May 15, 2025 - Offered by Senators Roys, L. Johnson, Keyeski, Spreitzer, Habush Sinykin, Dassler-Alfheim, Smith, Drake, Larson, Carpenter, Wirch and Hesselbein.

AB73-SA1,1,1 At the locations indicated, amend the bill as follows:

AB73-SA1,1,3 1. Page 1, line 2: delete “and commercial court dockets” and substitute “, treatment alternatives and diversion program, and making an appropriation”.

AB73-SA1,1,4 2. Page 2, line 1: before that line insert:

AB73-SA1,1,5 “Section 1b. 16.075 of the statutes is created to read:

AB73-SA1,1,8 16.075 Grants to tribes for alternatives to prosecution and incarceration programs. (1) In this section, “tribe” has the meaning given in s. 165.91 (1).

AB73-SA1,1,11 (2) From the appropriation under s. 20.505 (1) (cb), the department shall make grants to tribes for alternatives to prosecution and incarceration programs that meet the criteria specified in s. 165.95 (3).

AB73-SA1,1,12 (5) Grants made under sub. (2) shall be provided on a calendar year basis.

AB73-SA1,2,2 (6) The department of justice shall assist the department with its duties under this section.

AB73-SA1,1c Section 1c. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

- See PDF for table

AB73-SA1,1cb Section 1cb. 20.455 (2) (eg) of the statutes is repealed.

AB73-SA1,1cd Section 1cd. 20.455 (2) (em) of the statutes is repealed.

AB73-SA1,1ce Section 1ce. 20.455 (2) (jd) of the statutes is renumbered 20.625 (1) (jd) and amended to read:

AB73-SA1,3,2 20.625 (1) (jd) Alternatives to prosecution and incarceration grant program. The amounts in the schedule to provide grants under s. 165.95 (2) payments to counties that are not a recipient of a grant under the for the county to establish and operate alternatives to prosecution and incarceration grant program on September 23, 2017 that comply with the criteria specified in s. 165.95 (3). All moneys transferred under 2017 Wisconsin Act 59, section 9228 (15t), and 2023 Wisconsin Act 19, section 9227 (1), shall be credited to this appropriation account.

AB73-SA1,1cf Section 1cf. 20.455 (2) (kn) of the statutes is renumbered 20.625 (1) (kn) and amended to read:

AB73-SA1,3,12 20.625 (1) (kn) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; justice information fee. The amounts in the schedule for administering and making grants payments to counties and tribes under that comply with the criteria specified in s. 165.95 (2) (3). All moneys transferred from the appropriation account under s. 20.505 (1) (id) 5. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.505 (1) (id).

AB73-SA1,1cg Section 1cg. 20.455 (2) (kv) of the statutes is renumbered 20.625 (1) (kv) and amended to read:

AB73-SA1,3,18 20.625 (1) (kv) Grants for substance abuse treatment programs Programs for criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose of making grants payments to counties and tribes under that comply with the criteria specified in s. 165.95 (2) (3).

AB73-SA1,1ch Section 1ch. 20.505 (1) (cb) of the statutes is created to read:

AB73-SA1,3,22 20.505 (1) (cb) Grants to tribes for alternatives to prosecution and incarceration programs. The amounts in the schedule for grants to federally recognized American Indian tribes or bands in this state under s. 16.075 (2).

AB73-SA1,1d Section 1d. 20.505 (1) (id) 5. of the statutes is amended to read:

AB73-SA1,4,2 20.505 (1) (id) 5. The amount transferred to s. 20.455 (2) 20.625 (1) (kn) shall be the amount in the schedule under s. 20.455 (2) 20.625 (1) (kn).

AB73-SA1,1dg Section 1dg. 20.625 (1) (cg) of the statutes is amended to read:

AB73-SA1,4,5 20.625 (1) (cg) Circuit court costs. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (b).

AB73-SA1,1dk Section 1dk. 20.625 (1) (d) of the statutes is created to read:

AB73-SA1,4,9 20.625 (1) (d) Circuit court costs supplement. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (bf), (bm), and (bn).

AB73-SA1,1dr Section 1dr. 46.47 (1) (b) of the statutes is amended to read:

AB73-SA1,4,13 46.47 (1) (b) The county or tribe has an established drug court, as defined alternatives to prosecution and incarceration program, as described in s. 165.955 (1) 165.95 (3).

AB73-SA1,1dx Section 1dx. 165.25 (10m) (intro.) of the statutes is amended to read:

AB73-SA1,4,20 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

AB73-SA1,1e Section 1e. 165.95 (title) of the statutes is amended to read:

AB73-SA1,4,23 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

AB73-SA1,1r Section 1r. 165.95 (1) (ac) of the statutes is created to read:

AB73-SA1,5,3 165.95 (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.

AB73-SA1,1eg Section 1eg. 165.95 (2) of the statutes is repealed.

AB73-SA1,1ek Section 1ek. 165.95 (2m) of the statutes is created to read:

AB73-SA1,5,13 165.95 (2m) No later than January 1, 2027, each county shall operate an alternatives to prosecution and incarceration program described under sub. (3). No later than December 31, 2026, and by each December 31 thereafter, each county shall certify to the director of state courts that is has, or will have, a qualifying alternatives to prosecution and incarceration program by January 1 of the next calendar year. The director of state courts may consult with the department of justice to confirm whether the county operates a qualifying alternatives to prosecution and incarceration program.

AB73-SA1,1em Section 1em. 165.95 (2r) of the statutes is repealed.

AB73-SA1,1er Section 1er. 165.95 (3) (intro.) of the statutes is amended to read:

AB73-SA1,5,20 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) program under this section, including a suspended and deferred prosecution program and a program based on principles of restorative justice, shall be considered an alternatives to prosecution and incarceration program if all of the following apply:

AB73-SA1,1g Section 1g. 165.95 (3) (a) of the statutes is repealed.

AB73-SA1,1jb Section 1jb. 165.95 (3) (ag) of the statutes is created to read:

AB73-SA1,6,2 165.95 (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.

AB73-SA1,1jd Section 1jd. 165.95 (3) (b) of the statutes is amended to read:

AB73-SA1,6,9 165.95 (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.

AB73-SA1,1jk Section 1jk. 165.95 (3) (bd) of the statutes is created to read:

AB73-SA1,6,13 165.95 (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.

AB73-SA1,1jm Section 1jm. 165.95 (3) (cm) 2. of the statutes is created to read:

AB73-SA1,6,20 165.95 (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.

AB73-SA1,1jp Section 1jp. 165.95 (3) (d) of the statutes is amended to read:

AB73-SA1,7,2 165.95 (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.

AB73-SA1,1jx Section 1jx. 165.95 (3) (e) of the statutes is amended to read:

AB73-SA1,7,5 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB73-SA1,1mb Section 1mb. 165.95 (3) (g) of the statutes is amended to read:

AB73-SA1,7,14 165.95 (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.

AB73-SA1,1mg Section 1mg. 165.95 (3) (h) of the statutes is amended to read:

AB73-SA1,7,19 165.95 (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.

AB73-SA1,1mk Section 1mk. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB73-SA1,8,3 165.95 (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.

AB73-SA1,1mm Section 1mm. 165.95 (3) (j) of the statutes is amended to read:

AB73-SA1,8,12 165.95 (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.

AB73-SA1,1mp Section 1mp. 165.95 (3) (k) of the statutes is repealed.

AB73-SA1,1mr Section 1mr. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB73-SA1,8,20 165.95 (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:

AB73-SA1,9,8 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.

AB73-SA1,1mx Section 1mx. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB73-SA1,9,16 165.95 (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).

AB73-SA1,1mz Section 1mz. 165.95 (5) (bg) of the statutes is amended to read:

AB73-SA1,9,22 165.95 (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).

AB73-SA1,1nb Section 1nb. 165.95 (5m) of the statutes is repealed.

AB73-SA1,1nd Section 1nd. 165.95 (5p) (a) of the statutes is amended to read: