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SB70-AA10,214,6 5165.95 (title) Alternatives to prosecution and incarceration; grant
6program.
SB70-AA10,399 7Section 399 . 165.95 (1) (ac) of the statutes is created to read:
SB70-AA10,214,108 165.95 (1) (ac) “Evidence-based practice" means a practice that has been
9developed using research to determine its efficacy for achieving positive measurable
10outcomes, including reducing recidivism and increasing public safety.
SB70-AA10,400 11Section 400. 165.95 (2) of the statutes is amended to read:
SB70-AA10,214,1912 165.95 (2) The department of justice shall make grants to counties and to tribes
13to enable them to establish and operate programs, including suspended and deferred
14prosecution programs and programs based on principles of restorative justice, that
15provide alternatives to prosecution and incarceration for criminal offenders who
16abuse alcohol or other drugs. The department of justice shall make the grants from
17the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department
18of justice shall collaborate with the department of corrections and the department
19of health services in establishing this grant program.
SB70-AA10,401 20Section 401. 165.95 (2r) of the statutes is amended to read:
SB70-AA10,214,2321 165.95 (2r) Any county or tribe that receives a grant under this section on or
22after January 1, 2012,
shall provide matching funds that are equal to 25 10 percent
23of the amount of the grant.
SB70-AA10,402 24Section 402. 165.95 (3) (a) of the statutes is repealed.
SB70-AA10,403 25Section 403 . 165.95 (3) (ag) of the statutes is created to read:
SB70-AA10,215,4
1165.95 (3) (ag) The county's or tribe's program operates within the continuum
2from arrest to discharge from supervision and provides an alternative to prosecution,
3revocation, or incarceration through the use of pre-charge and post-charge
4diversion programs or treatment courts and community-based corrections.
SB70-AA10,404 5Section 404. 165.95 (3) (bd) of the statutes is created to read:
SB70-AA10,215,86 165.95 (3) (bd) The program identifies each target population served by the
7program and identifies the evidence-based practices the program employs for each
8target population it serves.
SB70-AA10,405 9Section 405. 165.95 (3) (d) of the statutes is amended to read:
SB70-AA10,215,1310 165.95 (3) (d) Services provided under the program are consistent with
11evidence-based practices in substance abuse and mental health treatment, as
12determined by the department of health services
, and the program provides
13intensive case management.
SB70-AA10,406 14Section 406. 165.95 (3) (e) of the statutes is amended to read:
SB70-AA10,215,1615 165.95 (3) (e) The program uses graduated sanctions and incentives to promote
16successful substance abuse treatment success.
SB70-AA10,407 17Section 407. 165.95 (3) (g) of the statutes is amended to read:
SB70-AA10,215,2518 165.95 (3) (g) The program is designed to integrate all mental health services
19provided to program participants by state and local government agencies , tribes, and
20other organizations. The program shall require regular communication and
21coordination
among a participant's substance abuse treatment providers, other
22service providers, the case manager, and any person designated under the program
23to monitor the person's compliance with his or her obligations under the program,
24and any probation, extended supervision, and parole agent assigned to the
25participant.
SB70-AA10,408
1Section 408 . 165.95 (3) (h) of the statutes is amended to read:
SB70-AA10,216,52 165.95 (3) (h) The program provides substance abuse and mental health
3treatment
services through providers that who use evidence-based practices in the
4delivery of services and, where applicable, who
are certified by the department of
5health services
or licensed to provide the services approved under the program.
SB70-AA10,409 6Section 409. 165.95 (3) (j) of the statutes is amended to read:
SB70-AA10,216,147 165.95 (3) (j) The program is developed with input from, and implemented in
8collaboration with, one or more circuit court judges, the district attorney, the state
9public defender, local and, if applicable, tribal law enforcement officials, county
10agencies and, if applicable, tribal agencies responsible for providing social services,
11including services relating to alcohol and other drug addiction substance use
12disorder
, child welfare, mental health, and the Wisconsin Works program, the
13departments of corrections, children and families, and health services, private social
14services agencies, and substance abuse use disorder treatment providers.
SB70-AA10,410 15Section 410. 165.95 (3) (k) of the statutes is amended to read:
SB70-AA10,216,1816 165.95 (3) (k) The county or tribe complies with other eligibility requirements
17established by the department of justice to promote the objectives listed in pars. (a)
18and (b)
this subsection.
SB70-AA10,411 19Section 411. 302.43 of the statutes is amended to read:
SB70-AA10,217,9 20302.43 Good time. Every inmate of a county jail is eligible to earn good time
21in the amount of one-fourth of his or her term for good behavior if sentenced to at
22least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
23for time served prior to sentencing under s. 973.155, including good time under s.
24973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
25or refuses to perform any duty lawfully required of him or her, may be deprived by

1the sheriff of good time under this section, except that the sheriff shall not deprive
2the inmate of more than 2 days good time for any one offense without the approval
3of the court. An inmate who files an action or special proceeding, including a petition
4for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
5the number of days of good time specified in the court order prepared under s. 807.15
6(3). This section does not apply to a person who is confined in the county jail in
7connection with his or her participation in a substance abuse treatment program
8that meets the requirements of s. 165.95 (3), as determined by the department of
9justice under s. 165.95 (9) and (10).
SB70-AA10,412 10Section 412 . 961.472 (5) (b) of the statutes is amended to read:
SB70-AA10,217,1311 961.472 (5) (b) The person is participating in a an evidence-based substance
12abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
13as determined by the department of justice under s. 165.95 (9) and (10).
SB70-AA10,413 14Section 413. 967.11 (1) of the statutes is amended to read:
SB70-AA10,217,1715 967.11 (1) In this section, “approved substance abuse treatment program"
16means a substance abuse treatment program that meets the requirements of s.
17165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
SB70-AA10,414 18Section 414. 967.11 (2) of the statutes is amended to read:
SB70-AA10,217,2419 967.11 (2) If a county establishes an approved substance abuse treatment
20program and the approved program authorizes the use of surveillance and
21monitoring technology or day reporting programs, a court or a district attorney may
22require a person participating in an the approved substance abuse treatment
23program to submit to surveillance and monitoring technology or a day reporting
24program as a condition of participation.
SB70-AA10,415 25Section 415. 973.155 (1m) of the statutes is amended to read:
SB70-AA10,218,5
1973.155 (1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 165.95 (3), as determined by
4the department of justice under s. 165.95 (9) and (10), for any offense arising out of
5the course of conduct that led to the person's placement in that program.
SB70-AA10,9227 6Section 9227. Fiscal changes; Justice.
SB70-AA10,218,107 (1) Transfer of moneys for grants for alternatives to prosecution and
8incarceration.
There is transferred the unencumbered balance in the appropriation
9account under s. 20.455 (2) (kr), 2021 stats., to the appropriation account under s.
1020.455 (2) (jd) on the effective date of this subsection.
SB70-AA10,9327 11Section 9327. Initial applicability; Justice.
SB70-AA10,218,1412 (1) Treatment alternatives and diversions. The treatment of s. 165.95 (1) (ac),
13(2), (2r), and (3) (a), (ag), (bd), (d), (e), (g), (h), (j), and (k), first applies to grants
14awarded under s. 165.95 (2) on the effective date of this subsection.”.
SB70-AA10,218,15 15283. Page 374, line 11: after that line insert:
SB70-AA10,218,16 16 Section 416. 23.09 (2) (d) (intro.) of the statutes is amended to read:
SB70-AA10,218,2317 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or
18agreement, and receive by gifts or devise, lands or waters suitable for the purposes
19enumerated in this paragraph, and maintain such lands and waters for such
20purposes; and, except for the purpose specified under subd. 12., may condemn lands
21or waters suitable for such purposes after obtaining approval of the appropriate
22standing committees of each house of the legislature as determined by the presiding
23officer thereof:
SB70-AA10,417 24Section 417. 27.01 (2) (a) of the statutes is amended to read:
SB70-AA10,219,7
127.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
2for state park purposes and may acquire such lands and waters by condemnation
3after obtaining approval of the senate and assembly committees on natural
4resources. The power of condemnation may not be used for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a).
SB70-AA10,418 8Section 418. 27.019 (10) of the statutes is amended to read:
SB70-AA10,219,199 27.019 (10) Acquisition of land. Any county in which there does not exist a
10county park commission acting through its rural planning committee may acquire
11by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
12consent of the county board, a sufficient tract or tracts of land for the reservation for
13public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
14places of special historic interest, memorial grounds, parks, playgrounds, sites for
15public buildings, and reservations in and about and along and leading to any or all
16of the same, and to develop and maintain the same for public use. The power of
17condemnation may not be used for the purpose of establishing or extending a
18recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
19in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,419 20Section 419. 27.05 (3) of the statutes is amended to read:
SB70-AA10,220,521 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
22condemnation, or otherwise, with the approval and consent of the county board, such
23tracts of land or public ways as it deems suitable for park purposes; including lands
24in any other county not more than three-fourths of a mile from the county line; but
25no land so acquired shall be disposed of by the county without the consent of said

1commission, and all moneys received for any such lands, or any materials, so
2disposed of, shall be paid into the county park fund hereinafter established. The
3power of condemnation may not be used for the purpose of establishing or extending
4a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
5defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,420 6Section 420. 27.065 (1) (a) of the statutes is amended to read:
SB70-AA10,220,247 27.065 (1) (a) The county board of any county which shall have adopted a
8county system of parks or a county system of streets and parkways, pursuant to s.
927.04, may acquire the lands necessary for carrying out all or part of such plan by
10gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
11acquired by condemnation unless and until the common council of the city or the
12board of trustees of the village or the board of supervisors of the town wherein such
13land is situated shall consent thereto. The power of condemnation may not be used
14for the purpose of establishing or extending a recreational trail; a bicycle way, as
15defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
16way, as defined in s. 346.02 (8) (a).
The cost of acquiring such lands by purchase or
17condemnation may be paid in whole or in part by the county or by the property to be
18benefited thereby, as the county board shall direct but in no case shall the amount
19assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
20that no assessment for paying the cost of acquiring lands may be levied or collected
21against the property to be benefited until the governing body of the city, village or
22town where such lands are located has by resolution determined that the public
23welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
24estate in fee simple.
SB70-AA10,421 25Section 421. 27.08 (2) (b) of the statutes is amended to read:
SB70-AA10,221,13
127.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
2pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
3or in trust, money, real or personal property, or any incorporeal right or privilege;
4except that no lands may be acquired by condemnation for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a)
. Gifts to any city of money or other property, real or personal, either
8absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
9be accepted only after they shall have been recommended by the board to the common
10council and approved by said council by resolution. Subject to the approval of the
11common council the board may execute every trust imposed upon the use of property
12or property rights by the deed, testament or other conveyance transferring the title
13of such property to the city for park, parkway, boulevard or pleasure drive purposes.
SB70-AA10,422 14Section 422. 27.08 (2) (c) of the statutes is amended to read:
SB70-AA10,221,2515 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands
16in the name of the city for park, parkway, boulevard or pleasure drive purposes
17within or without the city and, with the approval of the common council, to sell or
18exchange property no longer required for its purposes. Every city is authorized, upon
19recommendation of its officers, board or body having the control and management
20of its public parks, to acquire by condemnation in the name of the city such lands
21within or without its corporate boundaries as it may need for public parks, parkways,
22boulevards and pleasure drives. The power of condemnation may not be used for the
23purpose of establishing or extending a recreational trail; a bicycle way, as defined in
24s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
25defined in s. 346.02 (8) (a).
SB70-AA10,423
1Section 423. 32.015 of the statutes is repealed.
SB70-AA10,424 2Section 424. 32.51 (1) (intro.) of the statutes is amended to read:
SB70-AA10,222,53 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I
4and subject to the limitations under s. 32.015, any city may condemn or otherwise
5acquire property under this subchapter for:
SB70-AA10,425 6Section 425. 59.52 (6) (a) of the statutes is amended to read:
SB70-AA10,222,197 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
875 and acquire, lease or rent property, real and personal, for public uses or purposes
9of any nature, including without limitation acquisitions for county buildings,
10airports, parks, recreation, highways, dam sites in parks, parkways and
11playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
12for operation under s. 59.70 (24), equipment for clearing and draining land and
13controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
14transfer of real property to the state for new collegiate institutions or research
15facilities, and for transfer to the state for state parks and for the uses and purposes
16specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire
17property for the purpose of establishing or extending a recreational trail; a bicycle
18way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
19pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,426 20Section 426. 60.782 (2) (d) of the statutes is amended to read:
SB70-AA10,223,221 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
22situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
23or 30.275 (4). The power of condemnation may not used to acquire property for the
24purpose of establishing or extending a recreational trail; a bicycle way, as defined in

1s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
2defined in s. 346.02 (8) (a).
SB70-AA10,427 3Section 427. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
4to read:
SB70-AA10,223,145 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b),
6the
The village board may acquire property, real or personal, within or outside the
7village, for parks, libraries, recreation, beautification, streets, water systems,
8sewage or waste disposal, harbors, improvement of watercourses, public grounds,
9vehicle parking areas, and for any other public purpose; may acquire real property
10within or contiguous to the village, by means other than condemnation, for industrial
11sites; may improve and beautify the same; may construct, own, lease and maintain
12buildings on such property for instruction, recreation, amusement and other public
13purposes; and may sell and convey such property. Condemnation shall be as
14provided by ch. 32.
SB70-AA10,428 15Section 428. 61.34 (3) (b) of the statutes is repealed.
SB70-AA10,429 16Section 429. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
17to read:
SB70-AA10,224,218 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of
19any city may by gift, purchase or condemnation acquire property, real or personal,
20within or outside the city, for parks, recreation, water systems, sewage or waste
21disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
22any other public purpose; may acquire real property within or contiguous to the city,
23by means other than condemnation, for industrial sites; may improve and beautify
24the same; may construct, own, lease and maintain buildings on such property for

1public purposes; and may sell and convey such property. The power of condemnation
2for any such purpose shall be as provided by ch. 32.
SB70-AA10,430 3Section 430. 62.22 (1) (b) of the statutes is repealed.
SB70-AA10,431 4Section 431. 62.23 (17) (a) (intro.) of the statutes is amended to read:
SB70-AA10,224,115 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire
6by gift, lease, purchase, or condemnation any lands within its corporate limits for
7establishing, laying out, widening, enlarging, extending, and maintaining memorial
8grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
9buildings, and reservations in and about and along and leading to any or all of the
10same or any lands adjoining or near to such city for use, sublease, or sale for any of
11the following purposes:
SB70-AA10,432 12Section 432. 62.23 (17) (am) of the statutes is repealed.
SB70-AA10,433 13Section 433. 85.09 (2) (a) of the statutes is amended to read:
SB70-AA10,225,1814 85.09 (2) (a) The department of transportation shall have the first right to
15acquire, for present or future transportational or recreational purposes, any
16property used in operating a railroad or railway, including land and rails, ties,
17switches, trestles, bridges, and the like located on that property, that has been
18abandoned. The department of transportation may, in connection with abandoned
19rail property, assign this right to a state agency, the board of regents of the University
20of Wisconsin System, any county or municipality, or any transit commission.
21Acquisition by the department of transportation may be by gift, purchase, or
22condemnation in accordance with the procedure under s. 32.05, except that the power
23of condemnation may not be used to acquire property for the purpose of establishing
24or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
25lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a)
.

1In addition to its property management authority under s. 85.15, the department of
2transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
3lease and collect rents and fees for any use of rail property pending discharge of the
4department's duty to convey property that is not necessary for a public purpose. No
5person owning abandoned rail property, including any person to whom ownership
6reverts upon abandonment, may convey or dispose of any abandoned rail property
7without first obtaining a written release from the department of transportation
8indicating that the first right of acquisition under this subsection will not be
9exercised or assigned. No railroad or railway may convey any rail property prior to
10abandonment if the rail property is part of a rail line shown on the railroad's system
11map as in the process of abandonment, expected to be abandoned, or under study for
12possible abandonment unless the conveyance or disposal is for the purpose of
13providing continued rail service under another company or agency. Any conveyance
14made without obtaining such release is void. The first right of acquisition of the
15department of transportation under this subsection does not apply to any rail
16property declared by the department to be abandoned before January 1, 1977. The
17department of transportation may acquire any abandoned rail property under this
18section regardless of the date of its abandonment.
SB70-AA10,434 19Section 434. 990.01 (2) of the statutes is amended to read:
SB70-AA10,225,2320 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power
21to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
22the power to condemn only in the cases specified in s. 32.02 and subject to the
23limitations under s. 32.015
.
SB70-AA10,9351 24Section 9351. Initial applicability; Other.
SB70-AA10,226,6
1(1) Condemnation authority for nonmotorized paths. The treatment of ss.
223.09 (2) (d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b)
3and (c), 32.015, 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (a) and (b),
462.22 (1) (a) and (b), 62.23 (17) (a) (intro.) and (am), 85.09 (2) (a), and 990.01 (2) first
5applies to condemnation proceedings in which title to the subject property has not
6vested in the condemnor on the effective date of this subsection.”.
SB70-AA10,226,7 7284. Page 374, line 11: after that line insert:
SB70-AA10,226,8 8 Section 435. 29.219 (4) of the statutes is amended to read:
SB70-AA10,226,129 29.219 (4) Husband and wife Spouses resident licenses. A combined husband
10and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
11department to residents applying for this license. This license confers upon both
12husband and wife spouses the privileges of resident fishing licenses.
SB70-AA10,436 13Section 436. 29.228 (5) of the statutes is amended to read:
SB70-AA10,226,1714 29.228 (5) Annual family fishing license. The department shall issue a
15nonresident annual family fishing license, subject to s. 29.024, to any nonresident
16who applies for this license. This license entitles the husband, wife spouses and any
17minor children to fish under this license.
SB70-AA10,437 18Section 437. 29.228 (6) of the statutes is amended to read:
SB70-AA10,226,2219 29.228 (6) Fifteen-day family fishing license. The department shall issue a
20nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
21who applies for this license. This license entitles the husband, wife spouses and any
22minor children to fish under this license.
SB70-AA10,438 23Section 438. 29.229 (2) (i) of the statutes is amended to read:
SB70-AA10,226,2424 29.229 (2) (i) Husband and wife Spouses fishing licenses.
SB70-AA10,439
1Section 439. 29.2295 (2) (i) of the statutes is amended to read:
SB70-AA10,227,22 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
SB70-AA10,440 3Section 440. 29.563 (3) (a) 3. of the statutes is amended to read:
SB70-AA10,227,44 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.
SB70-AA10,441 5Section 441. 29.607 (3) of the statutes is amended to read:
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