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AB85-ASA1,276Section 27. 165.95 (3) (g) of the statutes is amended to read:
AB85-ASA1,8,147165.95 (3) (g) The program is designed to integrate all mental health services
8provided to program participants by state and local government agencies, tribes,
9and other organizations. The program shall require regular communication and
10coordination among a participants substance abuse treatment providers, other
11service providers, the case manager, and any person designated under the program
12to monitor the persons compliance with his or her obligations under the program,
13and any probation, extended supervision, and parole agent assigned to the
14participant.
AB85-ASA1,2815Section 28. 165.95 (3) (h) of the statutes is amended to read:
AB85-ASA1,8,1916165.95 (3) (h) The program provides substance abuse and mental health
17treatment services through providers that who use evidence-based practices in the
18delivery of services and, where applicable, who are certified by the department of
19health services or licensed to provide the services approved under the program.
AB85-ASA1,2920Section 29. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
21amended to read:
AB85-ASA1,9,322165.95 (3d) The An alternatives to prosecution and incarceration program
23requires under this section may require participants to pay a reasonable amount for

1their treatment, based on their income and available assets, and pursues to pursue
2and uses use all possible resources available through insurance and federal, state,
3and local aid programs, including cash, vouchers, and direct services.
AB85-ASA1,304Section 30. 165.95 (3) (j) of the statutes is amended to read:
AB85-ASA1,9,125165.95 (3) (j) The program is developed with input from, and implemented in
6collaboration with, one or more circuit court judges, the district attorney, the state
7public defender, local and, if applicable, tribal law enforcement officials, county
8agencies and, if applicable, tribal agencies responsible for providing social services,
9including services relating to alcohol and other drug addiction substance use
10disorder, child welfare, mental health, and the Wisconsin Works program, the
11departments of corrections, children and families, and health services, private
12social services agencies, and substance abuse use disorder treatment providers.
AB85-ASA1,3113Section 31. 165.95 (3) (k) of the statutes is repealed.
AB85-ASA1,3214Section 32. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm)
15(intro.) and amended to read:
AB85-ASA1,9,2016165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this
17section shall create an The program identifies a criminal justice oversight
18committee to develop and implement the program design and advise the county or
19tribe in administering and evaluating its program. Each The membership of each
20criminal justice oversight committee shall be as follows:
AB85-ASA1,9,23211. If the program is administered by a county, the criminal justice oversight
22committee shall consist of a circuit court judge, the district attorney or his or her
23designee, the state public defender or his or her designee, a local law enforcement

1official, a representative of the county, a representative of the tribe, if applicable, a
2representative of each other county agency and, if applicable, tribal agency
3responsible for providing social services, including services relating to child welfare,
4mental health, and the Wisconsin Works program, representatives of the
5department of corrections and department of health services, a representative from
6private social services agencies, a representative of substance abuse behavioral
7health treatment providers, and other members to be determined by the county or
8tribe the oversight committee determines are appropriate for the program.
AB85-ASA1,339Section 33. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
10amended to read:
AB85-ASA1,10,1611165.95 (5) (ag) A county, or a tribe that receives a grant under this section s.
1216.075, shall comply with state audits and shall submit an annual report to the
13department of justice and to the criminal justice oversight committee created under
14par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and
15prison populations and its progress in attaining the goals specified in sub. (3) (b)
16and (f).
AB85-ASA1,3417Section 34. 165.95 (5) (bg) of the statutes is amended to read:
AB85-ASA1,10,2218165.95 (5) (bg) A county, or a tribe that receives a grant under this section s.
1916.075, shall submit data requested by the department of justice to the department
20of justice each month. The department of justice may request any data regarding
21the project funded by the grant that is necessary to evaluate the project alternatives
22to prosecution and incarceration program and prepare the reports under sub. (5p).
AB85-ASA1,3523Section 35. 165.95 (5m) of the statutes is repealed.
AB85-ASA1,3624Section 36. 165.95 (5p) (a) of the statutes is amended to read:
AB85-ASA1,11,5
1165.95 (5p) (a) The department of justice shall, annually, analyze the data
2submitted under sub. (5) (bg) and prepare a progress report that evaluates the
3effectiveness of the grant program alternatives to prosecution and incarceration
4programs in this state. The department of justice shall make the report available to
5the public.
AB85-ASA1,376Section 37. 165.95 (5p) (b) of the statutes is amended to read:
AB85-ASA1,11,137165.95 (5p) (b) The department of justice shall, every 5 years, prepare a
8comprehensive report that analyzes the data it receives under sub. (5) (bg) and the
9annual reports it produces under par. (a). The department of justice shall include
10in this comprehensive report a cost benefit analysis of the grant program
11alternatives to prosecution and incarceration programs and shall submit the report
12to the chief clerk of each house of the legislature for distribution to the legislature
13under s. 13.172 (2).
AB85-ASA1,3814Section 38. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended
15to read:
AB85-ASA1,11,221616.075 (7) A county or tribe may, with one or more other counties or tribes,
17jointly apply for and receive a grant under this section sub. (2). Upon submitting a
18joint application, each county or tribe shall include with the application a written
19agreement specifying each tribes and each county departments role in developing,
20administering, and evaluating the program. The oversight committee established
21under sub. (5) (a) identified in s. 165.95 (3) (cm) shall consist of representatives
22from each county or tribe.
AB85-ASA1,3923Section 39. 165.95 (7) of the statutes is repealed.
AB85-ASA1,40
1Section 40. 165.95 (7m) of the statutes is renumbered 16.075 (3) and
2amended to read:
AB85-ASA1,12,7316.075 (3) Beginning in fiscal year 2012-13, the The department of justice
4shall, every 5 years, make grants under this section sub. (2) available to any county
5or tribe on a competitive basis. A county or tribe may apply for a grant under this
6subsection sub. (2) regardless of whether the county or tribe has received a grant
7previously under this section sub. (2).
AB85-ASA1,418Section 41. 165.95 (8) of the statutes is amended to read:
AB85-ASA1,12,119165.95 (8) The department of justice shall assist a county or tribe receiving a
10grant under this section that operates an alternatives to prosecution and
11incarceration program in obtaining funding from other sources for its program.
AB85-ASA1,4212Section 42. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended
13to read:
AB85-ASA1,12,171416.075 (4) The department of justice shall inform any county or tribe that is
15applying for a grant under this section sub. (2) whether the county or tribe meets
16the requirements established under sub. s. 165.95 (3), regardless of whether the
17county or tribe receives a grant.
AB85-ASA1,4318Section 43. 165.95 (10) of the statutes is repealed.
AB85-ASA1,4419Section 44. 165.955 of the statutes is repealed.
AB85-ASA1,4520Section 45. 302.43 of the statutes is amended to read:
AB85-ASA1,13,1121302.43 Good time. Every inmate of a county jail is eligible to earn good time
22in the amount of one-fourth of his or her term for good behavior if sentenced to at
23least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
24for time served prior to sentencing under s. 973.155, including good time under s.

1973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
2or refuses to perform any duty lawfully required of him or her, may be deprived by
3the sheriff of good time under this section, except that the sheriff shall not deprive
4the inmate of more than 2 days good time for any one offense without the approval
5of the court. An inmate who files an action or special proceeding, including a
6petition for a common law writ of certiorari, to which s. 807.15 applies shall be
7deprived of the number of days of good time specified in the court order prepared
8under s. 807.15 (3). This section does not apply to a person who is confined in the
9county jail in connection with his or her participation in a substance abuse
10treatment program that meets the requirements of s. 165.95 (3), as determined by
11the department of justice under s. 165.95 (9) and (10).
AB85-ASA1,4612Section 46. 758.19 (5) (bf) of the statutes is created to read:
AB85-ASA1,13,1513758.19 (5) (bf) No later than January 1, 2026, from the appropriation under s.
1420.625 (1) (d), the director of state courts shall make payments to counties totaling
15$24,596,100, which the director of state courts shall distribute as follows:
AB85-ASA1,13,16161. For each circuit court branch in the county, $52,300.
AB85-ASA1,13,18172. In addition to the payment under subd. 1., for each county with one or fewer
18circuit court branches, $12,400.
AB85-ASA1,13,22193. In addition to the payment under subd. 1., for each county with more than
20one circuit court branch, a payment equal to the countys proportion of the state
21population multiplied by the amount remaining in the appropriation under s.
2220.625 (1) (d) after the payments are made under subds. 1. and 2.
AB85-ASA1,4723Section 47. 758.19 (5) (bm) of the statutes is created to read:
AB85-ASA1,14,224758.19 (5) (bm) No later than July 1, 2026, from the appropriation under s.

120.625 (1) (d), the director of state courts shall make payments to counties totaling
2$35,000,000, which the director of state courts shall distribute as follows:
AB85-ASA1,14,331. For each circuit court branch in the county, $74,500.
AB85-ASA1,14,542. In addition to the payment under subd. 1., for each county with one or fewer
5circuit court branches, $17,600.
AB85-ASA1,14,963. In addition to the payment under subd. 1., for each county with more than
7one circuit court branch, a payment equal to the countys proportion of the state
8population multiplied by the amount remaining in the appropriation under s.
920.625 (1) (d) after the payments are made under subds. 1. and 2.
AB85-ASA1,4810Section 48. 758.19 (5) (bn) of the statutes is created to read:
AB85-ASA1,14,1411758.19 (5) (bn) No later than January 1, 2027, and by every January 1 and
12July 1 thereafter, from the appropriation under s. 20.625 (1) (d), the director of state
13courts shall make payments to counties totaling $35,000,000, which the director of
14state courts shall distribute as follows:
AB85-ASA1,14,15151. For each circuit court branch in the county, $74,500.
AB85-ASA1,14,17162. In addition to the payment under subd. 1., for each county with one or fewer
17circuit court branches, $17,600.
AB85-ASA1,14,21183. If, after the payments are made under subds. 1. and 2., the total of a
19countys payments equals less than 50 percent of the sum the county received as
20grants in calendar year 2026 under s. 165.95, 2023 stats., and s. 165.955, 2023
21stats., an additional payment for such a difference.
AB85-ASA1,15,2224. In addition to the payments under subds. 1. and 3., for each county with
23more than one circuit court branch, a payment equal to the countys proportion of

1the state population multiplied by the amount remaining in the appropriation
2under s. 20.625 (1) (d) after the payments are made under subds. 1., 2., and 3.
AB85-ASA1,493Section 49. 758.19 (5) (d) of the statutes is created to read:
AB85-ASA1,15,74758.19 (5) (d) For payments under pars. (b), (bf), (bm), and (bn), for counties
5that share the services of one or more circuit court branches, the director of state
6courts shall annually determine the proportional share of that circuit court branch
7for each county on the basis of the circuit court branch caseload in each county.
AB85-ASA1,508Section 50. 758.19 (5) (g) of the statutes is created to read:
AB85-ASA1,15,129758.19 (5) (g) A county that fails to meet the requirements under s. 165.95
10(2m) is not eligible for a payment under par. (bn) until the county establishes an
11alternatives to prosecution and incarceration program described under s. 165.95
12(3).
AB85-ASA1,5113Section 51. 961.385 (2) (cm) 3. b. of the statutes is amended to read:
AB85-ASA1,15,1714961.385 (2) (cm) 3. b. The state board or agency, agency of another state, law
15enforcement agency, or prosecutorial unit makes a written request for the record
16and is monitoring the patient as part of a drug court, as defined in s. 165.955 (1),
172023 stats.
AB85-ASA1,5218Section 52. 961.41 (5) (c) 2. of the statutes is amended to read:
AB85-ASA1,15,2219961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus
20one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug
21surcharges under this subsection shall be credited to the appropriation account
22under s. 20.455 (2) (kv) 20.625 (1) (kv).
AB85-ASA1,5323Section 53. 961.472 (5) (b) of the statutes is amended to read:
AB85-ASA1,16,224961.472 (5) (b) The person is participating in a substance abuse treatment

1program that meets the requirements of s. 165.95 (3), as determined by the
2department of justice under s. 165.95 (9) and (10).
AB85-ASA1,543Section 54. 967.11 (1) of the statutes is amended to read:
AB85-ASA1,16,64967.11 (1) In this section, approved substance abuse treatment program
5means a substance abuse treatment program that meets the requirements of s.
6165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
AB85-ASA1,557Section 55. 973.043 (3) of the statutes is amended to read:
AB85-ASA1,16,118973.043 (3) All moneys collected from drug offender diversion surcharges
9shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1)
10(kv) and used for the purpose of making grants payments to counties under that
11comply with the criteria specified in s. 165.95 (3).
AB85-ASA1,5612Section 56. 973.155 (1m) of the statutes is amended to read:
AB85-ASA1,16,1713973.155 (1m) A convicted offender shall be given credit toward the service of
14his or her sentence for all days spent in custody as part of a substance abuse
15treatment program that meets the requirements of s. 165.95 (3), as determined by
16the department of justice under s. 165.95 (9) and (10), for any offense arising out of
17the course of conduct that led to the persons placement in that program.
AB85-ASA1,5718Section 57. Nonstatutory provisions.
AB85-ASA1,17,219(1) Alternatives to prosecution and incarceration grant program;
20administration. Notwithstanding s. 16.42 (1) (e), in submitting information under
21s. 16.42 for purposes of the 2027 biennial budget act, the department of
22administration shall submit information concerning the appropriation under s.
2320.505 (1) (cb) as though the total amount appropriated under s. 20.505 (1) (cb) for

1the 2026-27 fiscal year was $142,500 more than the total amount that was actually
2appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year.
AB85-ASA1,17,53(2) Alternatives to prosecution and incarceration grant program;
4justice. Notwithstanding s. 165.95 (7) and (7m), the department of justice may not
5make any grants for the calendar year beginning January 1, 2027.
AB85-ASA1,17,156(3) Alternatives to incarceration grant program position transfers to
7supreme court. On January 1, 2027, 3.0 FTE GPR positions in the department of
8justice, funded from the appropriation under s. 20.455 (2) (a), that administer the
9alternative to incarceration grant program and the incumbent employees holding
10those positions are transferred to the supreme court. Employees transferred under
11this subsection have all the rights and the same status under ch. 230 under the
12supreme court that they enjoyed in the department of justice immediately before the
13transfer. Notwithstanding s. 230.28 (4), no employee transferred under this
14subsection who has attained permanent status in class is required to serve a
15probationary period.
AB85-ASA1,5816Section 58. Effective dates. This act takes effect on the day after
17publication, except as follows:
AB85-ASA1,17,2018(1) Alternatives to prosecution and incarceration grant program;
19tribes. The treatment of ss. 16.075 and 20.505 (1) (cb) takes effect on January 1,
202027.
AB85-ASA1,17,2321(2) Alternatives to prosecution and incarceration grant program.
22The treatment of ss. 758.19 (5) (g) and 961.385 (2) (cm) 3. b. takes effect on January
231, 2027.
AB85-ASA1,18,524(3) Alternatives to prosecution and incarceration and drug court

1grant programs. The treatment of ss. 20.455 (2) (eg), (em), (jd), (kn), and (kv),
220.505 (1) (id) 5., 46.47 (1) (b), 165.25 (10m) (intro.), 165.95 (title), (1) (ac), (2), (2m),
3(2r), (3) (intro.), (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a), (b),
4and (bg), (5m), (5p) (a) and (b), (6), (7), (7m), (8), (9), and (10), 165.955, 961.41 (5) (c)
52., and 973.043 (3) take effect on January 1, 2027.
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