ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 85
March 13, 2025 - Offered by Representative McGuire.
AB85-ASA1,2,2
1An Act to repeal 20.455 (2) (eg), 20.455 (2) (em), 165.95 (2), 165.95 (2r), 165.95 2(3) (a), 165.95 (3) (k), 165.95 (5m), 165.95 (7), 165.95 (10) and 165.955; to 3renumber and amend 20.455 (2) (jd), 20.455 (2) (kn), 20.455 (2) (kv), 165.95 4(3) (i), 165.95 (5) (a), 165.95 (5) (b), 165.95 (6), 165.95 (7m) and 165.95 (9); to 5amend 20.505 (1) (id) 5., 20.625 (1) (cg), 46.47 (1) (b), 165.25 (10m) (intro.), 6165.95 (title), 165.95 (3) (intro.), 165.95 (3) (b), 165.95 (3) (d), 165.95 (3) (e), 7165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (5) (bg), 165.95 (5p) (a), 8165.95 (5p) (b), 165.95 (8), 302.43, 961.385 (2) (cm) 3. b., 961.41 (5) (c) 2., 9961.472 (5) (b), 967.11 (1), 973.043 (3) and 973.155 (1m); to create 16.075, 1020.505 (1) (cb), 20.625 (1) (d), 165.95 (1) (ac), 165.95 (2m), 165.95 (3) (ag), 11165.95 (3) (bd), 165.95 (3) (cm) 2., 758.19 (5) (bf), 758.19 (5) (bm), 758.19 (5)
1(bn), 758.19 (5) (d) and 758.19 (5) (g) of the statutes; relating to: treatment
2alternatives and diversion program and making an appropriation. Analysis by the Legislative Reference Bureau
Alternatives to prosecution and incarceration programs
Under current law, the Department of Justice operates the alternatives to incarceration grant program and the drug courts grant program under which DOJ provides grants to counties and tribes for providing alternatives to prosecution and incarceration for persons who abuse alcohol or other drugs and diverting substance-abusing persons from prison or jail into treatment.
Under the bill, December 31, 2026, is the last day these DOJ grant programs will be in effect. Beginning on January 1, 2027, the Department of Administration will operate a grant program for tribes to provide alternatives to prosecution and incarceration programs, and counties will be required to operate such programs to be eligible for certain circuit court payments from the Director of State Courts.
Under current law, the Director of State Courts must make payments to counties for certain circuit court costs. Under the bill, beginning on January 1, 2026, the Director of State Courts must make additional payments to circuit courts, including a payment that, beginning January 1, 2027, is available only to counties that operate an alternatives to prosecution and incarceration program.
Alternatives to incarceration grant program position transfers to supreme court
This bill transfers 3.0 FTE GPR positions that administer the alternatives to incarceration grant program, and the incumbent employees holding those positions, from DOJ to the Wisconsin Supreme Court on January 1, 2027.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB85-ASA1,13Section 1. 16.075 of the statutes is created to read: AB85-ASA1,2,6416.075 Grants to tribes for alternatives to prosecution and 5incarceration programs. (1) In this section, “tribe” has the meaning given in s. 6165.91 (1). AB85-ASA1,2,97(2) From the appropriation under s. 20.505 (1) (cb), the department shall 8make grants to tribes for alternatives to prosecution and incarceration programs 9that meet the criteria specified in s. 165.95 (3). AB85-ASA1,3,1
1(5) Grants made under sub. (2) shall be provided on a calendar year basis. AB85-ASA1,3,32(6) The department of justice shall assist the department with its duties 3under this section. AB85-ASA1,24Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, 5insert the following amounts for the purposes indicated: AB85-ASA1,315Section 3. 20.455 (2) (eg) of the statutes is repealed. AB85-ASA1,416Section 4. 20.455 (2) (em) of the statutes is repealed. AB85-ASA1,517Section 5. 20.455 (2) (jd) of the statutes is renumbered 20.625 (1) (jd) and 18amended to read: AB85-ASA1,4,21920.625 (1) (jd) Alternatives to prosecution and incarceration grant program. 20The amounts in the schedule to provide grants under s. 165.95 (2) payments to 21counties that are not a recipient of a grant under the for the county to establish and 22operate alternatives to prosecution and incarceration grant program on September 2323, 2017 that comply with the criteria specified in s. 165.95 (3). All moneys
1transferred under 2017 Wisconsin Act 59, section 9228 (15t), and 2023 Wisconsin 2Act 19, section 9227 (1), shall be credited to this appropriation account. AB85-ASA1,63Section 6. 20.455 (2) (kn) of the statutes is renumbered 20.625 (1) (kn) and 4amended to read: AB85-ASA1,4,12520.625 (1) (kn) Alternatives to prosecution and incarceration for persons who 6use alcohol or other drugs; justice information fee. The amounts in the schedule for 7administering and making grants payments to counties and tribes under that 8comply with the criteria specified in s. 165.95 (2) (3). All moneys transferred from 9the appropriation account under s. 20.505 (1) (id) 5. shall be credited to this 10appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered 11balance on June 30 of each year shall be transferred to the appropriation account 12under s. 20.505 (1) (id). AB85-ASA1,713Section 7. 20.455 (2) (kv) of the statutes is renumbered 20.625 (1) (kv) and 14amended to read: AB85-ASA1,4,181520.625 (1) (kv) Grants for substance abuse treatment programs Programs for 16criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the 17purpose of making grants payments to counties and tribes under that comply with 18the criteria specified in s. 165.95 (2) (3). AB85-ASA1,819Section 8. 20.505 (1) (cb) of the statutes is created to read: AB85-ASA1,4,222020.505 (1) (cb) Grants to tribes for alternatives to prosecution and 21incarceration programs. The amounts in the schedule for grants to federally 22recognized American Indian tribes or bands in this state under s. 16.075 (2). AB85-ASA1,923Section 9. 20.505 (1) (id) 5. of the statutes is amended to read: AB85-ASA1,5,2
120.505 (1) (id) 5. The amount transferred to s. 20.455 (2) 20.625 (1) (kn) shall 2be the amount in the schedule under s. 20.455 (2) 20.625 (1) (kn). AB85-ASA1,103Section 10. 20.625 (1) (cg) of the statutes is amended to read: AB85-ASA1,5,5420.625 (1) (cg) Circuit court costs. Biennially, the amounts in the schedule to 5make payments to counties for circuit court costs under s. 758.19 (5) (b). AB85-ASA1,116Section 11. 20.625 (1) (d) of the statutes is created to read: AB85-ASA1,5,9720.625 (1) (d) Circuit court costs supplement. Biennially, the amounts in the 8schedule to make payments to counties for circuit court costs under s. 758.19 (5) 9(bf), (bm), and (bn). AB85-ASA1,1210Section 12. 46.47 (1) (b) of the statutes is amended to read: AB85-ASA1,5,131146.47 (1) (b) The county or tribe has an established drug court, as defined 12alternatives to prosecution and incarceration program, as described in s. 165.955 13(1) 165.95 (3). AB85-ASA1,1314Section 13. 165.25 (10m) (intro.) of the statutes is amended to read: AB85-ASA1,5,2015165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, 16and annually thereafter, the department of justice shall submit a report to the 17legislature under s. 13.172 (2), regarding its administration of grant programs 18under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 19165.987. The report shall include, for each grant program, all of the following 20information: AB85-ASA1,1421Section 14. 165.95 (title) of the statutes is amended to read: AB85-ASA1,5,2322165.95 (title) Alternatives to prosecution and incarceration; grant 23program programs. AB85-ASA1,1524Section 15. 165.95 (1) (ac) of the statutes is created to read: AB85-ASA1,6,3
1165.95 (1) (ac) “Evidence-based practice” means a practice that has been 2developed using research to determine its efficacy for achieving positive measurable 3outcomes, including reducing recidivism and increasing public safety. AB85-ASA1,164Section 16. 165.95 (2) of the statutes is repealed. AB85-ASA1,175Section 17. 165.95 (2m) of the statutes is created to read: AB85-ASA1,6,136165.95 (2m) No later than January 1, 2027, each county shall operate an 7alternatives to prosecution and incarceration program described under sub. (3). No 8later than December 31, 2026, and by each December 31 thereafter, each county 9shall certify to the director of state courts that is has, or will have, a qualifying 10alternatives to prosecution and incarceration program by January 1 of the next 11calendar year. The director of state courts may consult with the department of 12justice to confirm whether the county operates a qualifying alternatives to 13prosecution and incarceration program. AB85-ASA1,1814Section 18. 165.95 (2r) of the statutes is repealed. AB85-ASA1,1915Section 19. 165.95 (3) (intro.) of the statutes is amended to read: AB85-ASA1,6,2016165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) 17program under this section, including a suspended and deferred prosecution 18program and a program based on principles of restorative justice, shall be 19considered an alternatives to prosecution and incarceration program if all of the 20following apply: AB85-ASA1,2021Section 20. 165.95 (3) (a) of the statutes is repealed. AB85-ASA1,2122Section 21. 165.95 (3) (ag) of the statutes is created to read: AB85-ASA1,7,223165.95 (3) (ag) The program operates within the continuum from arrest to 24discharge from supervision and provides an alternative to prosecution, revocation,
1or incarceration through the use of pre-charge and post-charge diversion programs 2or treatment courts and community-based corrections. AB85-ASA1,223Section 22. 165.95 (3) (b) of the statutes is amended to read: AB85-ASA1,7,94165.95 (3) (b) The program employs evidence-based practices and is designed 5to promote and facilitate the implementation of effective criminal justice policies 6and practices that maximize justice and public and victim safety, reduce prison and 7jail populations, reduce prosecution and incarceration costs, and reduce recidivism, 8and improve the welfare of participants’ families by meeting the comprehensive 9needs of participants. AB85-ASA1,2310Section 23. 165.95 (3) (bd) of the statutes is created to read:
