Amendment ASA1-AB85

2025 - 2026 LEGISLATURE

LRBs0019/1

CMH&MJW:wj/ew/km/cs

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 85

March 13, 2025 - Offered by Representative McGuire.

AB85-ASA1,2,2 An Act to repeal 20.455 (2) (eg), 20.455 (2) (em), 165.95 (2), 165.95 (2r), 165.95 (3) (a), 165.95 (3) (k), 165.95 (5m), 165.95 (7), 165.95 (10) and 165.955; to renumber and amend 20.455 (2) (jd), 20.455 (2) (kn), 20.455 (2) (kv), 165.95 (3) (i), 165.95 (5) (a), 165.95 (5) (b), 165.95 (6), 165.95 (7m) and 165.95 (9); to amend 20.505 (1) (id) 5., 20.625 (1) (cg), 46.47 (1) (b), 165.25 (10m) (intro.), 165.95 (title), 165.95 (3) (intro.), 165.95 (3) (b), 165.95 (3) (d), 165.95 (3) (e), 165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (5) (bg), 165.95 (5p) (a), 165.95 (5p) (b), 165.95 (8), 302.43, 961.385 (2) (cm) 3. b., 961.41 (5) (c) 2., 961.472 (5) (b), 967.11 (1), 973.043 (3) and 973.155 (1m); to create 16.075, 20.505 (1) (cb), 20.625 (1) (d), 165.95 (1) (ac), 165.95 (2m), 165.95 (3) (ag), 165.95 (3) (bd), 165.95 (3) (cm) 2., 758.19 (5) (bf), 758.19 (5) (bm), 758.19 (5) (bn), 758.19 (5) (d) and 758.19 (5) (g) of the statutes; relating to: treatment alternatives 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-ASA1,1 Section 1. 16.075 of the statutes is created to read:

AB85-ASA1,2,6 16.075 Grants to tribes for alternatives to prosecution and incarceration programs. (1) In this section, “tribe” has the meaning given in s. 165.91 (1).

AB85-ASA1,2,9 (2) From the appropriation under s. 20.505 (1) (cb), the department shall make grants to tribes for alternatives to prosecution and incarceration programs that meet the criteria specified in s. 165.95 (3).

AB85-ASA1,3,1 (5) Grants made under sub. (2) shall be provided on a calendar year basis.

AB85-ASA1,3,3 (6) The department of justice shall assist the department with its duties under this section.

AB85-ASA1,2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

- See PDF for table

AB85-ASA1,3 Section 3. 20.455 (2) (eg) of the statutes is repealed.

AB85-ASA1,4 Section 4. 20.455 (2) (em) of the statutes is repealed.

AB85-ASA1,5 Section 5. 20.455 (2) (jd) of the statutes is renumbered 20.625 (1) (jd) and amended to read:

AB85-ASA1,4,2 20.625 (1) (jd) Alternatives to prosecution and incarceration grant program. The amounts in the schedule to provide grants under s. 165.95 (2) payments to counties that are not a recipient of a grant under the for the county to establish and operate alternatives to prosecution and incarceration grant program on September 23, 2017 that comply with the criteria specified in s. 165.95 (3). All moneys transferred under 2017 Wisconsin Act 59, section 9228 (15t), and 2023 Wisconsin Act 19, section 9227 (1), shall be credited to this appropriation account.

AB85-ASA1,6 Section 6. 20.455 (2) (kn) of the statutes is renumbered 20.625 (1) (kn) and amended to read:

AB85-ASA1,4,12 20.625 (1) (kn) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; justice information fee. The amounts in the schedule for administering and making grants payments to counties and tribes under that comply with the criteria specified in s. 165.95 (2) (3). All moneys transferred from the appropriation account under s. 20.505 (1) (id) 5. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.505 (1) (id).

AB85-ASA1,7 Section 7. 20.455 (2) (kv) of the statutes is renumbered 20.625 (1) (kv) and amended to read:

AB85-ASA1,4,18 20.625 (1) (kv) Grants for substance abuse treatment programs Programs for criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose of making grants payments to counties and tribes under that comply with the criteria specified in s. 165.95 (2) (3).

AB85-ASA1,8 Section 8. 20.505 (1) (cb) of the statutes is created to read:

AB85-ASA1,4,22 20.505 (1) (cb) Grants to tribes for alternatives to prosecution and incarceration programs. The amounts in the schedule for grants to federally recognized American Indian tribes or bands in this state under s. 16.075 (2).

AB85-ASA1,9 Section 9. 20.505 (1) (id) 5. of the statutes is amended to read:

AB85-ASA1,5,2 20.505 (1) (id) 5. The amount transferred to s. 20.455 (2) 20.625 (1) (kn) shall be the amount in the schedule under s. 20.455 (2) 20.625 (1) (kn).

AB85-ASA1,10 Section 10. 20.625 (1) (cg) of the statutes is amended to read:

AB85-ASA1,5,5 20.625 (1) (cg) Circuit court costs. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (b).

AB85-ASA1,11 Section 11. 20.625 (1) (d) of the statutes is created to read:

AB85-ASA1,5,9 20.625 (1) (d) Circuit court costs supplement. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (bf), (bm), and (bn).

AB85-ASA1,12 Section 12. 46.47 (1) (b) of the statutes is amended to read:

AB85-ASA1,5,13 46.47 (1) (b) The county or tribe has an established drug court, as defined alternatives to prosecution and incarceration program, as described in s. 165.955 (1) 165.95 (3).

AB85-ASA1,13 Section 13. 165.25 (10m) (intro.) of the statutes is amended to read:

AB85-ASA1,5,20 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

AB85-ASA1,14 Section 14. 165.95 (title) of the statutes is amended to read:

AB85-ASA1,5,23 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

AB85-ASA1,15 Section 15. 165.95 (1) (ac) of the statutes is created to read:

AB85-ASA1,6,3 165.95 (1) (ac) “Evidence-based practice” means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB85-ASA1,16 Section 16. 165.95 (2) of the statutes is repealed.

AB85-ASA1,17 Section 17. 165.95 (2m) of the statutes is created to read:

AB85-ASA1,6,13 165.95 (2m) No later than January 1, 2027, each county shall operate an alternatives to prosecution and incarceration program described under sub. (3). No later than December 31, 2026, and by each December 31 thereafter, each county shall certify to the director of state courts that is has, or will have, a qualifying alternatives to prosecution and incarceration program by January 1 of the next calendar year. The director of state courts may consult with the department of justice to confirm whether the county operates a qualifying alternatives to prosecution and incarceration program.

AB85-ASA1,18 Section 18. 165.95 (2r) of the statutes is repealed.

AB85-ASA1,19 Section 19. 165.95 (3) (intro.) of the statutes is amended to read:

AB85-ASA1,6,20 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) program under this section, including a suspended and deferred prosecution program and a program based on principles of restorative justice, shall be considered an alternatives to prosecution and incarceration program if all of the following apply:

AB85-ASA1,20 Section 20. 165.95 (3) (a) of the statutes is repealed.

AB85-ASA1,21 Section 21. 165.95 (3) (ag) of the statutes is created to read:

AB85-ASA1,7,2 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB85-ASA1,22 Section 22. 165.95 (3) (b) of the statutes is amended to read:

AB85-ASA1,7,9 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants.

AB85-ASA1,23 Section 23. 165.95 (3) (bd) of the statutes is created to read:

AB85-ASA1,7,13 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB85-ASA1,24 Section 24. 165.95 (3) (cm) 2. of the statutes is created to read:

AB85-ASA1,7,20 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB85-ASA1,25 Section 25. 165.95 (3) (d) of the statutes is amended to read:

AB85-ASA1,8,2 165.95 (3) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB85-ASA1,26 Section 26. 165.95 (3) (e) of the statutes is amended to read:

AB85-ASA1,8,5 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB85-ASA1,27 Section 27. 165.95 (3) (g) of the statutes is amended to read:

AB85-ASA1,8,14 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies, tribes, and other organizations. The program shall require regular communication and coordination among a participant’s substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person’s compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB85-ASA1,28 Section 28. 165.95 (3) (h) of the statutes is amended to read:

AB85-ASA1,8,19 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB85-ASA1,29 Section 29. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB85-ASA1,9,3 165.95 (3d) The An alternatives to prosecution and incarceration program requires under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues to pursue and uses use all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB85-ASA1,30 Section 30. 165.95 (3) (j) of the statutes is amended to read:

AB85-ASA1,9,12 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB85-ASA1,31 Section 31. 165.95 (3) (k) of the statutes is repealed.

AB85-ASA1,32 Section 32. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB85-ASA1,9,20 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows:

AB85-ASA1,9,23 1. If the program is administered by a county, the criminal justice oversight committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse behavioral health treatment providers, and other members to be determined by the county or tribe the oversight committee determines are appropriate for the program.

AB85-ASA1,33 Section 33. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB85-ASA1,10,16 165.95 (5) (ag) A county, or a tribe that receives a grant under this section s. 16.075, shall comply with state audits and shall submit an annual report to the department of justice and to the criminal justice oversight committee created under par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).

AB85-ASA1,34 Section 34. 165.95 (5) (bg) of the statutes is amended to read:

AB85-ASA1,10,22 165.95 (5) (bg) A county, or a tribe that receives a grant under this section s. 16.075, shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project alternatives to prosecution and incarceration program and prepare the reports under sub. (5p).

AB85-ASA1,35 Section 35. 165.95 (5m) of the statutes is repealed.

AB85-ASA1,36 Section 36. 165.95 (5p) (a) of the statutes is amended to read:

AB85-ASA1,11,5 165.95 (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program alternatives to prosecution and incarceration programs in this state. The department of justice shall make the report available to the public.

AB85-ASA1,37 Section 37. 165.95 (5p) (b) of the statutes is amended to read:

AB85-ASA1,11,13 165.95 (5p) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program alternatives to prosecution and incarceration programs and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB85-ASA1,38 Section 38. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended to read: