Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,2,9 (1) Circuit Courts position authorizations. The authorized positions for the department of justice are increased as provided in SB 45.”.

SB45-SSA2-SA8,2,10 7. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,2,12 “Section 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and amended to read:

SB45-SSA2-SA8,2,16 102.17 (9) (a) 1m. “Fire fighter” “Firefighter” means any person employed on a full-time basis by the state or any political subdivision as a member or officer of a fire department, including the 1st class cities and state fire marshal and deputies, or an individual who volunteers as a member or officer of a fire department.

SB45-SSA2-SA8,2 Section 2. 102.17 (9) (a) 1c. of the statutes is created to read:

SB45-SSA2-SA8,2,19 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

SB45-SSA2-SA8,3 Section 3. 102.17 (9) (a) 1e. of the statutes is created to read:

SB45-SSA2-SA8,2,22 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

SB45-SSA2-SA8,4 Section 4. 102.17 (9) (a) 1g. of the statutes is created to read:

SB45-SSA2-SA8,3,2 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

SB45-SSA2-SA8,5 Section 5. 102.17 (9) (a) 1p. of the statutes is created to read:

SB45-SSA2-SA8,3,9 102.17 (9) (a) 1p. “Medicolegal investigation staff member” includes a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any individual who assists the office of a coroner or medical examiner with an investigation of a death. “Medicolegal investigation staff member” does not include an individual performing solely administrative functions in the office of a coroner or medical examiner.

SB45-SSA2-SA8,6 Section 6. 102.17 (9) (b) (intro.) of the statutes is amended to read:

SB45-SSA2-SA8,3,18 102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is not accompanied by a physical injury and that results in a diagnosis of post- traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), an emergency medical responder, an emergency services practitioner, a correctional officer, a public safety answering point dispatcher, a coroner, a medical examiner, a medicolegal investigation staff member, or a fire fighter firefighter, the claim for compensation for the mental injury, in order to be compensable under this chapter, is subject to all of the following:

SB45-SSA2-SA8,9150 Section 9150. Nonstatutory provisions; Workforce Development.

SB45-SSA2-SA8,4,2 (1) Worker’s compensation insurance; rate approval; notice. The commissioner of insurance shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice of the effective date of new rates for worker’s compensation insurance first approved by the commissioner under s. 626.13 after the effective date of this subsection.

SB45-SSA2-SA8,9350 Section 9350. Initial applicability; Workforce Development.

SB45-SSA2-SA8,4,8 (1) First responder PTSD coverage. The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.) first applies to injuries reported on the effective date of rate changes for worker’s compensation insurance approved by the commissioner of insurance under s. 626.13 after the effective date of this subsection.”.

SB45-SSA2-SA8,4,9 8. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,4,10 “Section 7. 978.03 (1m) of the statutes is amended to read:

SB45-SSA2-SA8,4,21 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney’s direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.”.

SB45-SSA2-SA8,4,22 9. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,4,23 “Section 8. 16.075 of the statutes is created to read:

SB45-SSA2-SA8,5,3 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).

SB45-SSA2-SA8,5,6 (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).

SB45-SSA2-SA8,5,7 (5) Grants made under sub. (2) shall be provided on a calendar year basis.

SB45-SSA2-SA8,5,9 (6) The department of justice shall assist the department with its duties under this section.

SB45-SSA2-SA8,9 Section 9. 20.455 (2) (eg) of the statutes is repealed.

SB45-SSA2-SA8,10 Section 10. 20.455 (2) (em) of the statutes is repealed.

SB45-SSA2-SA8,11 Section 11. 20.455 (2) (jd) of the statutes is renumbered 20.625 (1) (jd) and amended to read:

SB45-SSA2-SA8,5,20 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.

SB45-SSA2-SA8,12 Section 12. 20.455 (2) (kn) of the statutes is renumbered 20.625 (1) (kn) and amended to read:

SB45-SSA2-SA8,6,6 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).

SB45-SSA2-SA8,13 Section 13. 20.455 (2) (kv) of the statutes is renumbered 20.625 (1) (kv) and amended to read:

SB45-SSA2-SA8,6,12 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).

SB45-SSA2-SA8,14 Section 14. 20.505 (1) (cb) of the statutes is created to read:

SB45-SSA2-SA8,6,16 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).

SB45-SSA2-SA8,15 Section 15. 20.505 (1) (id) 5. of the statutes is amended to read:

SB45-SSA2-SA8,6,19 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).

SB45-SSA2-SA8,16 Section 16. 20.625 (1) (cg) of the statutes is amended to read:

SB45-SSA2-SA8,6,22 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).

SB45-SSA2-SA8,17 Section 17. 20.625 (1) (d) of the statutes is created to read:

SB45-SSA2-SA8,7,2 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).

SB45-SSA2-SA8,18 Section 18. 46.47 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA8,7,6 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).

SB45-SSA2-SA8,19 Section 19. 165.25 (10m) (intro.) of the statutes is amended to read:

SB45-SSA2-SA8,7,13 165.25 (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:

SB45-SSA2-SA8,20 Section 20. 165.95 (title) of the statutes is amended to read:

SB45-SSA2-SA8,7,16 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

SB45-SSA2-SA8,21 Section 21. 165.95 (1) (ac) of the statutes is created to read:

SB45-SSA2-SA8,7,20 165.95 (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.

SB45-SSA2-SA8,22 Section 22. 165.95 (2) of the statutes is repealed.

SB45-SSA2-SA8,23 Section 23. 165.95 (2m) of the statutes is created to read:

SB45-SSA2-SA8,8,6 165.95 (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.

SB45-SSA2-SA8,24 Section 24. 165.95 (2r) of the statutes is repealed.

SB45-SSA2-SA8,25 Section 25. 165.95 (3) (intro.) of the statutes is amended to read:

SB45-SSA2-SA8,8,13 165.95 (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:

SB45-SSA2-SA8,26 Section 26. 165.95 (3) (a) of the statutes is repealed.

SB45-SSA2-SA8,27 Section 27. 165.95 (3) (ag) of the statutes is created to read:

SB45-SSA2-SA8,8,19 165.95 (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.

SB45-SSA2-SA8,28 Section 28. 165.95 (3) (b) of the statutes is amended to read:

SB45-SSA2-SA8,9,2 165.95 (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.

SB45-SSA2-SA8,29 Section 29. 165.95 (3) (bd) of the statutes is created to read:

SB45-SSA2-SA8,9,6 165.95 (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.

SB45-SSA2-SA8,30 Section 30. 165.95 (3) (cm) 2. of the statutes is created to read:

SB45-SSA2-SA8,9,13 165.95 (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.

SB45-SSA2-SA8,31 Section 31. 165.95 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA8,9,18 165.95 (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.

SB45-SSA2-SA8,32 Section 32. 165.95 (3) (e) of the statutes is amended to read:

SB45-SSA2-SA8,9,21 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB45-SSA2-SA8,33 Section 33. 165.95 (3) (g) of the statutes is amended to read:

SB45-SSA2-SA8,9,23 165.95 (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.

SB45-SSA2-SA8,34 Section 34. 165.95 (3) (h) of the statutes is amended to read:

SB45-SSA2-SA8,10,12 165.95 (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.

SB45-SSA2-SA8,35 Section 35. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

SB45-SSA2-SA8,10,19 165.95 (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.

SB45-SSA2-SA8,36 Section 36. 165.95 (3) (j) of the statutes is amended to read:

SB45-SSA2-SA8,11,5 165.95 (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.

SB45-SSA2-SA8,37 Section 37. 165.95 (3) (k) of the statutes is repealed.

SB45-SSA2-SA8,38 Section 38. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

SB45-SSA2-SA8,11,13 165.95 (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:

SB45-SSA2-SA8,12,2 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.

SB45-SSA2-SA8,39 Section 39. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

SB45-SSA2-SA8,12,10 165.95 (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).

SB45-SSA2-SA8,40 Section 40. 165.95 (5) (bg) of the statutes is amended to read:

SB45-SSA2-SA8,12,16 165.95 (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).

SB45-SSA2-SA8,41 Section 41. 165.95 (5m) of the statutes is repealed.

SB45-SSA2-SA8,42 Section 42. 165.95 (5p) (a) of the statutes is amended to read:

SB45-SSA2-SA8,12,23 165.95 (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.