AB85-ASA1,416Section 4. 20.455 (2) (em) of the statutes is repealed.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: AB85-ASA1,7,1311165.95 (3) (bd) The program identifies each target population served by the 12program and identifies the evidence-based practices the program employs for each 13target population it serves. AB85-ASA1,2414Section 24. 165.95 (3) (cm) 2. of the statutes is created to read: AB85-ASA1,7,2015165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal 16justice oversight committee shall consist of a representative of the judiciary, a 17representative of criminal prosecution and criminal defense, a social services 18provider, a behavioral health treatment provider, a law enforcement officer, a 19representative of corrections, and other members that the oversight committee 20determines are appropriate to the program. AB85-ASA1,2521Section 25. 165.95 (3) (d) of the statutes is amended to read: AB85-ASA1,8,222165.95 (3) (d) Services provided under the program are consistent with 23evidence-based practices in substance abuse and mental health treatment, as
1determined by the department of health services, and the program provides 2intensive case management. AB85-ASA1,263Section 26. 165.95 (3) (e) of the statutes is amended to read: AB85-ASA1,8,54165.95 (3) (e) The program uses graduated sanctions and incentives to 5promote successful substance abuse treatment success. 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 participant’s substance abuse treatment providers, other 11service providers, the case manager, and any person designated under the program 12to monitor the person’s 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 tribe’s and each county department’s 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 county’s 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 county’s 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.
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