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AB68-ASA2-AA7,10,8 7(4) Review and make recommendations regarding sentences for violations
8committed by individuals age 18 to 25.”.
AB68-ASA2-AA7,10,9 923. Page 340, line 9: after that line insert:
AB68-ASA2-AA7,10,10 10 Section 362am. 165.83 (1) (c) 1. of the statutes is amended to read:
AB68-ASA2-AA7,10,1211 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
12of 17
an adult and that is a felony or a misdemeanor.
AB68-ASA2-AA7,362an 13Section 362an. 165.83 (1) (c) 2. of the statutes is amended to read:
AB68-ASA2-AA7,10,1614 165.83 (1) (c) 2. An act that is committed by a person minor who has attained
15the age of 10 but who has not attained the age of 17 and that would be a felony or
16misdemeanor if committed by an adult.”.
AB68-ASA2-AA7,10,17 1724. Page 340, line 9: after that line insert:
AB68-ASA2-AA7,10,18 18 Section 362az. 165.95 (title) of the statutes is amended to read:
AB68-ASA2-AA7,10,20 19165.95 (title) Alternatives to prosecution and incarceration; grant
20program.
AB68-ASA2-AA7,362b 21Section 362b. 165.95 (1) (ac) of the statutes is created to read:
AB68-ASA2-AA7,10,2422 165.95 (1) (ac) “Evidence-based practice" means a practice that has been
23developed using research to determine its efficacy for achieving positive measurable
24outcomes, including reducing recidivism and increasing public safety.
AB68-ASA2-AA7,362c
1Section 362c. 165.95 (2) of the statutes is amended to read:
AB68-ASA2-AA7,11,92 165.95 (2) The department of justice shall make grants to counties and to tribes
3to enable them to establish and operate programs, including suspended and deferred
4prosecution programs and programs based on principles of restorative justice, that
5provide alternatives to prosecution and incarceration for criminal offenders who
6abuse alcohol or other drugs. The department of justice shall make the grants from
7the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
8of justice shall collaborate with the departments of corrections and health and family
9services in establishing this grant program.
AB68-ASA2-AA7,362d 10Section 362d. 165.95 (2r) of the statutes is repealed.
AB68-ASA2-AA7,362e 11Section 362e. 165.95 (3) (a) of the statutes is repealed.
AB68-ASA2-AA7,362f 12Section 362f. 165.95 (3) (ag) of the statutes is created to read:
AB68-ASA2-AA7,11,1613 165.95 (3) (ag) The program operates within the continuum from arrest to
14discharge from supervision and provides an alternative to prosecution, revocation,
15or incarceration through the use of pre-charge and post-charge diversion programs
16or treatment courts and community-based corrections.
AB68-ASA2-AA7,362g 17Section 362g. 165.95 (3) (b) of the statutes is amended to read:
AB68-ASA2-AA7,11,2318 165.95 (3) (b) The program employs evidence-based practices and is designed
19to promote and facilitate the implementation of effective criminal justice policies and
20practices that maximize justice and
public and victim safety, reduce prison and jail
21populations, reduce prosecution and incarceration costs, and reduce recidivism, and
22improve the welfare of participants' families by meeting the comprehensive needs of
23participants
.
AB68-ASA2-AA7,362h 24Section 362h. 165.95 (3) (bd) of the statutes is created to read:
AB68-ASA2-AA7,12,3
1165.95 (3) (bd) The program identifies each target population served by the
2program and identifies the evidence-based practices the program employs for each
3target population it serves.
AB68-ASA2-AA7,362i 4Section 362i. 165.95 (3) (cm) 2. of the statutes is created to read:
AB68-ASA2-AA7,12,105 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice
6oversight committee shall consist of a representative of the judiciary, a
7representative of criminal prosecution and criminal defense, a social services
8provider, a behavioral health treatment provider, a law enforcement officer, a
9representative of corrections, and other members that the oversight committee
10determines are appropriate to the program.
AB68-ASA2-AA7,362j 11Section 362j. 165.95 (3) (d) of the statutes is amended to read:
AB68-ASA2-AA7,12,1512 165.95 (3) (d) Services provided under the program are consistent with
13evidence-based practices in substance abuse and mental health treatment, as
14determined by the department of health services,
and the program provides
15intensive case management.
AB68-ASA2-AA7,362k 16Section 362k. 165.95 (3) (e) of the statutes is amended to read:
AB68-ASA2-AA7,12,1817 165.95 (3) (e) The program uses graduated sanctions and incentives to promote
18successful substance abuse treatment success.
AB68-ASA2-AA7,362L 19Section 362L. 165.95 (3) (g) of the statutes is amended to read:
AB68-ASA2-AA7,13,220 165.95 (3) (g) The program is designed to integrate all mental health services
21provided to program participants by state and local government agencies , tribes, and
22other organizations. The program shall require regular communication and
23coordination
among a participant's substance abuse treatment providers, other
24service providers, the case manager, and any person designated under the program
25to monitor the person's compliance with his or her obligations under the program,

1and any probation, extended supervision, and parole agent assigned to the
2participant.
AB68-ASA2-AA7,362m 3Section 362m. 165.95 (3) (h) of the statutes is amended to read:
AB68-ASA2-AA7,13,74 165.95 (3) (h) The program provides substance abuse and mental health
5treatment
services through providers that who use evidence-based practices in the
6delivery of services and, where applicable, who
are certified by the department of
7health services
or licensed to provide the services approved under the program.
AB68-ASA2-AA7,362n 8Section 362n. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
9amended to read:
AB68-ASA2-AA7,13,1410 165.95 (3d) The A program requires that receives a grant under this section
11may require
participants to pay a reasonable amount for their treatment, based on
12their income and available assets, and pursues and uses all possible resources
13available through insurance and federal, state, and local aid programs, including
14cash, vouchers, and direct services.
AB68-ASA2-AA7,362o 15Section 362o. 165.95 (3) (j) of the statutes is amended to read:
AB68-ASA2-AA7,13,2316 165.95 (3) (j) The program is developed with input from, and implemented in
17collaboration with, one or more circuit court judges, the district attorney, the state
18public defender, local and, if applicable, tribal law enforcement officials, county
19agencies and, if applicable, tribal agencies responsible for providing social services,
20including services relating to alcohol and other drug addiction substance use
21disorder
, child welfare, mental health, and the Wisconsin Works program, the
22departments of corrections, children and families, and health services, private social
23services agencies, and substance abuse use disorder treatment providers.
AB68-ASA2-AA7,362p 24Section 362p. 165.95 (3) (k) of the statutes is amended to read:
AB68-ASA2-AA7,14,3
1165.95 (3) (k) The county or tribe complies with other eligibility requirements
2established by the department of justice to promote the objectives listed in pars. (a)
3and (b)
this subsection.
AB68-ASA2-AA7,362q 4Section 362q. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm)
5(intro.) and amended to read:
AB68-ASA2-AA7,14,106 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section
7shall create an
The program identifies a criminal justice oversight committee to
8develop and implement the program design and advise the county or tribe in
9administering and evaluating its program. Each The membership of each criminal
10justice oversight committee shall be as follows:
AB68-ASA2-AA7,14,22 111. If the program is administered by a county, or by a county and a tribe
12pursuant to sub. (6), the criminal justice oversight
committee shall consist of a circuit
13court judge, the district attorney or his or her designee, the state public defender or
14his or her designee, a local law enforcement official, a representative of the county,
15a representative of the tribe, if applicable, a representative of each other county
16agency and, if applicable, tribal agency responsible for providing social services,
17including services relating to child welfare, mental health, and the Wisconsin Works
18program,
representatives of the department of corrections and department of health
19services, a representative from private social services agencies, a representative of
20substance abuse behavioral health treatment providers, and other members to be
21determined by the county or tribe
the oversight committee determines are
22appropriate for the program
.
AB68-ASA2-AA7,362r 23Section 362r. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
24amended to read:
AB68-ASA2-AA7,15,5
1165.95 (5) (ag) A county or tribe that receives a grant under this section shall
2comply with state audits and shall submit an annual report to the department of
3justice and to the criminal justice oversight committee created under par. (a)
4identified in sub. (3) (cm) regarding the impact of the program on jail and prison
5populations and
its progress in attaining the goals specified in sub. (3) (b) and (f).
AB68-ASA2-AA7,362s 6Section 362s. 165.95 (5m) of the statutes is repealed.
AB68-ASA2-AA7,362t 7Section 362t. 165.95 (6) of the statutes is amended to read:
AB68-ASA2-AA7,15,148 165.95 (6) A county or tribe may, with one or more other counties or tribes,
9jointly apply for and receive a grant under this section. Upon submitting a joint
10application, each county or tribe shall include with the application a written
11agreement specifying each tribe's and each county department's role in developing,
12administering, and evaluating the program. The criminal justice oversight
13committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of
14representatives from each county or tribe that participates in the program.
AB68-ASA2-AA7,362u 15Section 362u. 165.95 (7) of the statutes is amended to read:
AB68-ASA2-AA7,15,2016 165.95 (7) Grants provided under this section shall be provided on a calendar
17year basis beginning on January 1, 2007. If the department of justice decides to make
18a grant to a county or tribe under this section, the department of justice shall notify
19the county or tribe of its decision and the amount of the grant no later than
20September 1 of the year preceding the year for which the grant will be made
.
AB68-ASA2-AA7,362v 21Section 362v. 165.95 (7m) of the statutes is amended to read:
AB68-ASA2-AA7,16,222 165.95 (7m) Beginning in fiscal year 2012-13 2021-22, the department of
23justice shall, every 5 4 years, make grants under this section available to any county
24or tribe on a competitive basis. A county or tribe may apply for a grant under this

1subsection regardless of whether the county or tribe has received a grant previously
2under this section.”.
AB68-ASA2-AA7,16,3 325. Page 340, line 11: after that line insert:
AB68-ASA2-AA7,16,4 4 Section 363m. 165.988 of the statutes is created to read:
AB68-ASA2-AA7,16,9 5165.988 Violence interruption grant program. From the appropriation
6accounts under s. 20.455 (2) (eq) and (ks), the department of justice shall provide
7grants to community organizations that are utilizing evidence-based outreach and
8violence interruption strategies to mediate conflicts, prevent retaliation and other
9potentially violent situations, and connect individuals to community supports.”.
AB68-ASA2-AA7,16,10 1026. Page 346, line 2: after that line insert:
AB68-ASA2-AA7,16,11 11 Section 387c. 301.03 (6s) of the statutes is created to read:
AB68-ASA2-AA7,16,1412 301.03 (6s) No later than June 15 each year, submit the following reports to
13the governor, the chief clerk of each house of the legislature for distribution to the
14appropriate standing committees under s. 13.172 (3), and the director of state courts:
AB68-ASA2-AA7,16,2215 (a) A report on revocation of probation, parole, and extended supervision. The
16report shall include the rate of recidivism, as defined in s. 302.05 (4) (a), among
17probationers, parolees, and persons on extended supervision by region and
18demographics, including the level of the recidivism event, the number of and reason
19for revocations of probation, parole, and extended supervision by region and
20demographics, the number and lengths of short-term sanctions imposed under s.
21302.115, and an accounting of the cost savings for the preceding 12-month period
22that resulted from the use of short-term sanctions in lieu of revocations.
AB68-ASA2-AA7,17,623 (b) A report on the earned compliance credit provided under s. 973.156 and
24early discharge from extended supervision under s. 973.01 (5m) in the 12 months

1preceding the report. The report shall include the demographics of individuals who
2received the earned compliance credit or were discharged early by region and
3demographics and the rate of recidivism, as defined in s. 302.05 (4) (a), among those
4individuals, and an accounting of the cost savings from reduced days of incarceration
5or reduced days of parole or extended supervision that resulted from the earned
6compliance credit under s. 973.156 or early discharge under s. 973.01 (5m).
AB68-ASA2-AA7,387d 7Section 387d. 301.035 (2) of the statutes is amended to read:
AB68-ASA2-AA7,17,108 301.035 (2) Assign hearing examiners from the division to preside over
9hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10
10and 975.10 (2) and ch. 304.”.
AB68-ASA2-AA7,17,11 1127. Page 346, line 2: after that line insert:
AB68-ASA2-AA7,17,12 12 Section 387m. 301.12 (2m) of the statutes is amended to read:
AB68-ASA2-AA7,17,1513 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
14older
adults receiving care, maintenance, services, and supplies provided by prisons
15named in s. 302.01.
AB68-ASA2-AA7,387n 16Section 387n. 301.12 (14) (a) of the statutes is amended to read:
AB68-ASA2-AA7,18,317 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
18specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
19years of age
minors in residential, nonmedical facilities such as group homes, foster
20homes, residential care centers for children and youth, and juvenile correctional
21institutions is determined in accordance with the cost-based fee established under
22s. 301.03 (18). The department shall bill the liable person up to any amount of
23liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
24benefits, subject to rules that include formulas governing ability to pay promulgated

1by the department under s. 301.03 (18). Any liability of the resident not payable by
2any other person terminates when the resident reaches age 17 becomes an adult,
3unless the liable person has prevented payment by any act or omission.”.
AB68-ASA2-AA7,18,4 428. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,18,5 5 Section 389a. 302.05 (title) of the statutes is amended to read:
AB68-ASA2-AA7,18,6 6302.05 (title) Wisconsin substance abuse earned release program.
AB68-ASA2-AA7,389ab 7Section 389ab. 302.05 (1) (am) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,18,158 302.05 (1) (am) (intro.) The department of corrections and the department of
9health services may designate a section of a mental health institute as a correctional
10treatment facility for the treatment of substance abuse use disorder of inmates
11transferred from Wisconsin state prisons. This section shall be administered by the
12department of corrections and shall be known as the Wisconsin substance abuse

13program. The department of corrections and the department of health services shall
14ensure that the residents at the institution and the residents in the substance abuse
15use disorder program:
AB68-ASA2-AA7,389ac 16Section 389ac. 302.05 (1) (b) of the statutes is amended to read:
AB68-ASA2-AA7,18,2017 302.05 (1) (b) The department of corrections and the department of health
18services shall, at any correctional facility the departments determine is appropriate,
19provide a substance abuse use disorder treatment program for inmates for the
20purposes of the program described in sub. (3).
AB68-ASA2-AA7,389ad 21Section 389ad. 302.05 (1) (c) of the statutes is created to read:
AB68-ASA2-AA7,18,2422 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program”
23means an educational, vocational, treatment, or other evidence-based training
24program to reduce recidivism.
AB68-ASA2-AA7,19,3
12. The department shall, at any correctional facility the department
2determines is appropriate, provide vocational readiness training programs for the
3purposes of the program described in sub. (3).
AB68-ASA2-AA7,389ae 4Section 389ae. 302.05 (2) of the statutes is amended to read:
AB68-ASA2-AA7,19,65 302.05 (2) Transfer to a correctional treatment facility for the treatment of
6substance abuse use disorder shall be considered a transfer under s. 302.18.
AB68-ASA2-AA7,389af 7Section 389af. 302.05 (3) (a) 2. of the statutes is amended to read:
AB68-ASA2-AA7,19,138 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under
9s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g)
The department
10determines
that the inmate is eligible to participate in the earned release program
11described in this subsection. In making its determination, the department shall
12consider a decision of the sentencing court under s. 302.05 (3) (e), 2019 stats., or s.
13973.01 (3g), 2019 stats.
AB68-ASA2-AA7,389ag 14Section 389ag. 302.05 (3) (b) of the statutes is amended to read:
AB68-ASA2-AA7,19,2315 302.05 (3) (b) Except as provided in par. (d), if the department determines that
16an eligible inmate serving a sentence other than one imposed under s. 973.01 has
17successfully completed a substance use disorder treatment program described in
18sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the
19parole commission shall parole the inmate for that sentence under s. 304.06,
20regardless of the time the inmate has served. If the parole commission grants parole
21under this paragraph for the completion of a substance use disorder treatment
22program
, it shall require the parolee to participate in an intensive supervision
23program for drug abusers as a condition of parole.
AB68-ASA2-AA7,389ah 24Section 389ah. 302.05 (3) (c) 1. of the statutes is amended to read:
AB68-ASA2-AA7,20,6
1302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
2that an eligible inmate serving the term of confinement in prison portion of a
3bifurcated sentence imposed under s. 973.01 has successfully completed a substance
4use disorder
treatment program described in sub. (1) (b) or a vocational readiness
5training program described in sub. (1) (c)
, the department shall inform the court that
6sentenced the inmate.
AB68-ASA2-AA7,389ai 7Section 389ai. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,20,128 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
91. that an inmate whom the court sentenced under s. 973.01 has successfully
10completed a substance use disorder treatment program described in sub. (1) (b) or
11a vocational readiness training program described in sub. (1) (c)
, the court shall
12modify the inmate's bifurcated sentence as follows:
AB68-ASA2-AA7,389aj 13Section 389aj. 302.05 (3) (d) of the statutes is amended to read:
AB68-ASA2-AA7,20,1614 302.05 (3) (d) The department may place intensive sanctions program
15participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do
16not apply to those participants.
AB68-ASA2-AA7,389ak 17Section 389ak. 302.05 (3) (e) of the statutes is repealed.
AB68-ASA2-AA7,389aL 18Section 389aL. 302.05 (4) of the statutes is created to read:
AB68-ASA2-AA7,20,1919 302.05 (4) (a) In this subsection, “recidivism” means any of the following:
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