SB45-SSA2-SA8,5,3
116.075 Grants to tribes for alternatives to prosecution and 2incarceration programs. (1) In this section, “tribe” has the meaning given in s. 3165.91 (1). SB45-SSA2-SA8,5,64(2) From the appropriation under s. 20.505 (1) (cb), the department shall 5make grants to tribes for alternatives to prosecution and incarceration programs 6that meet the criteria specified in s. 165.95 (3). SB45-SSA2-SA8,5,77(5) Grants made under sub. (2) shall be provided on a calendar year basis. SB45-SSA2-SA8,5,98(6) The department of justice shall assist the department with its duties 9under this section. SB45-SSA2-SA8,1112Section 11. 20.455 (2) (jd) of the statutes is renumbered 20.625 (1) (jd) and 13amended to read: SB45-SSA2-SA8,5,201420.625 (1) (jd) Alternatives to prosecution and incarceration grant program. 15The amounts in the schedule to provide grants under s. 165.95 (2) payments to 16counties that are not a recipient of a grant under the for the county to establish and 17operate alternatives to prosecution and incarceration grant program on September 1823, 2017 that comply with the criteria specified in s. 165.95 (3). All moneys 19transferred under 2017 Wisconsin Act 59, section 9228 (15t), and 2023 Wisconsin 20Act 19, section 9227 (1), shall be credited to this appropriation account. SB45-SSA2-SA8,1221Section 12. 20.455 (2) (kn) of the statutes is renumbered 20.625 (1) (kn) and 22amended to read: SB45-SSA2-SA8,6,62320.625 (1) (kn) Alternatives to prosecution and incarceration for persons who 24use alcohol or other drugs; justice information fee. The amounts in the schedule for
1administering and making grants payments to counties and tribes under that 2comply with the criteria specified in s. 165.95 (2) (3). All moneys transferred from 3the appropriation account under s. 20.505 (1) (id) 5. shall be credited to this 4appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered 5balance on June 30 of each year shall be transferred to the appropriation account 6under s. 20.505 (1) (id). SB45-SSA2-SA8,137Section 13. 20.455 (2) (kv) of the statutes is renumbered 20.625 (1) (kv) and 8amended to read: SB45-SSA2-SA8,6,12920.625 (1) (kv) Grants for substance abuse treatment programs Programs for 10criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the 11purpose of making grants payments to counties and tribes under that comply with 12the criteria specified in s. 165.95 (2) (3). SB45-SSA2-SA8,1413Section 14. 20.505 (1) (cb) of the statutes is created to read: SB45-SSA2-SA8,6,161420.505 (1) (cb) Grants to tribes for alternatives to prosecution and 15incarceration programs. The amounts in the schedule for grants to federally 16recognized American Indian tribes or bands in this state under s. 16.075 (2). SB45-SSA2-SA8,1517Section 15. 20.505 (1) (id) 5. of the statutes is amended to read: SB45-SSA2-SA8,6,191820.505 (1) (id) 5. The amount transferred to s. 20.455 (2) 20.625 (1) (kn) shall 19be the amount in the schedule under s. 20.455 (2) 20.625 (1) (kn). SB45-SSA2-SA8,1620Section 16. 20.625 (1) (cg) of the statutes is amended to read: SB45-SSA2-SA8,6,222120.625 (1) (cg) Circuit court costs. Biennially, the amounts in the schedule to 22make payments to counties for circuit court costs under s. 758.19 (5) (b). SB45-SSA2-SA8,1723Section 17. 20.625 (1) (d) of the statutes is created to read: SB45-SSA2-SA8,7,22420.625 (1) (d) Circuit court costs supplement. Biennially, the amounts in the
1schedule to make payments to counties for circuit court costs under s. 758.19 (5) 2(bf), (bm), and (bn). SB45-SSA2-SA8,7,6446.47 (1) (b) The county or tribe has an established drug court, as defined 5alternatives to prosecution and incarceration program, as described in s. 165.955 6(1) 165.95 (3). SB45-SSA2-SA8,197Section 19. 165.25 (10m) (intro.) of the statutes is amended to read: SB45-SSA2-SA8,7,138165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, 9and annually thereafter, the department of justice shall submit a report to the 10legislature under s. 13.172 (2), regarding its administration of grant programs 11under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 12165.987. The report shall include, for each grant program, all of the following 13information: SB45-SSA2-SA8,2014Section 20. 165.95 (title) of the statutes is amended to read: SB45-SSA2-SA8,7,1615165.95 (title) Alternatives to prosecution and incarceration; grant 16program programs. SB45-SSA2-SA8,2117Section 21. 165.95 (1) (ac) of the statutes is created to read: SB45-SSA2-SA8,7,2018165.95 (1) (ac) “Evidence-based practice” means a practice that has been 19developed using research to determine its efficacy for achieving positive measurable 20outcomes, including reducing recidivism and increasing public safety. SB45-SSA2-SA8,8,623165.95 (2m) No later than January 1, 2027, each county shall operate an 24alternatives to prosecution and incarceration program described under sub. (3). No
1later than December 31, 2026, and by each December 31 thereafter, each county 2shall certify to the director of state courts that is has, or will have, a qualifying 3alternatives to prosecution and incarceration program by January 1 of the next 4calendar year. The director of state courts may consult with the department of 5justice to confirm whether the county operates a qualifying alternatives to 6prosecution and incarceration program. SB45-SSA2-SA8,258Section 25. 165.95 (3) (intro.) of the statutes is amended to read: SB45-SSA2-SA8,8,139165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) 10program under this section, including a suspended and deferred prosecution 11program and a program based on principles of restorative justice, shall be 12considered an alternatives to prosecution and incarceration program if all of the 13following apply: SB45-SSA2-SA8,2715Section 27. 165.95 (3) (ag) of the statutes is created to read: SB45-SSA2-SA8,8,1916165.95 (3) (ag) The program operates within the continuum from arrest to 17discharge from supervision and provides an alternative to prosecution, revocation, 18or incarceration through the use of pre-charge and post-charge diversion programs 19or treatment courts and community-based corrections. SB45-SSA2-SA8,2820Section 28. 165.95 (3) (b) of the statutes is amended to read: SB45-SSA2-SA8,9,221165.95 (3) (b) The program employs evidence-based practices and is designed 22to promote and facilitate the implementation of effective criminal justice policies 23and practices that maximize justice and public and victim safety, reduce prison and 24jail populations, reduce prosecution and incarceration costs, and reduce recidivism,
1and improve the welfare of participants’ families by meeting the comprehensive 2needs of participants. SB45-SSA2-SA8,293Section 29. 165.95 (3) (bd) of the statutes is created to read: SB45-SSA2-SA8,9,64165.95 (3) (bd) The program identifies each target population served by the 5program and identifies the evidence-based practices the program employs for each 6target population it serves. SB45-SSA2-SA8,307Section 30. 165.95 (3) (cm) 2. of the statutes is created to read: SB45-SSA2-SA8,9,138165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal 9justice oversight committee shall consist of a representative of the judiciary, a 10representative of criminal prosecution and criminal defense, a social services 11provider, a behavioral health treatment provider, a law enforcement officer, a 12representative of corrections, and other members that the oversight committee 13determines are appropriate to the program. SB45-SSA2-SA8,3114Section 31. 165.95 (3) (d) of the statutes is amended to read: SB45-SSA2-SA8,9,1815165.95 (3) (d) Services provided under the program are consistent with 16evidence-based practices in substance abuse and mental health treatment, as 17determined by the department of health services, and the program provides 18intensive case management. SB45-SSA2-SA8,3219Section 32. 165.95 (3) (e) of the statutes is amended to read: SB45-SSA2-SA8,9,2120165.95 (3) (e) The program uses graduated sanctions and incentives to 21promote successful substance abuse treatment success. SB45-SSA2-SA8,3322Section 33. 165.95 (3) (g) of the statutes is amended to read: SB45-SSA2-SA8,9,2323165.95 (3) (g) The program is designed to integrate all mental health services
1provided to program participants by state and local government agencies, tribes, 2and other organizations. The program shall require regular communication and 3coordination among a participant’s substance abuse treatment providers, other 4service providers, the case manager, and any person designated under the program 5to monitor the person’s compliance with his or her obligations under the program, 6and any probation, extended supervision, and parole agent assigned to the 7participant. SB45-SSA2-SA8,10,129165.95 (3) (h) The program provides substance abuse and mental health 10treatment services through providers that who use evidence-based practices in the 11delivery of services and, where applicable, who are certified by the department of 12health services or licensed to provide the services approved under the program. SB45-SSA2-SA8,3513Section 35. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and 14amended to read: SB45-SSA2-SA8,10,1915165.95 (3d) The An alternatives to prosecution and incarceration program 16requires under this section may require participants to pay a reasonable amount for 17their treatment, based on their income and available assets, and pursues to pursue 18and uses use all possible resources available through insurance and federal, state, 19and local aid programs, including cash, vouchers, and direct services. SB45-SSA2-SA8,3620Section 36. 165.95 (3) (j) of the statutes is amended to read: SB45-SSA2-SA8,11,521165.95 (3) (j) The program is developed with input from, and implemented in 22collaboration with, one or more circuit court judges, the district attorney, the state 23public defender, local and, if applicable, tribal law enforcement officials, county
1agencies and, if applicable, tribal agencies responsible for providing social services, 2including services relating to alcohol and other drug addiction substance use 3disorder, child welfare, mental health, and the Wisconsin Works program, the 4departments of corrections, children and families, and health services, private 5social services agencies, and substance abuse use disorder treatment providers. SB45-SSA2-SA8,387Section 38. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) 8(intro.) and amended to read: SB45-SSA2-SA8,11,139165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this 10section shall create an The program identifies a criminal justice oversight 11committee to develop and implement the program design and advise the county or 12tribe in administering and evaluating its program. Each The membership of each 13criminal justice oversight committee shall be as follows: SB45-SSA2-SA8,12,2141. If the program is administered by a county, the criminal justice oversight 15committee shall consist of a circuit court judge, the district attorney or his or her 16designee, the state public defender or his or her designee, a local law enforcement 17official, a representative of the county, a representative of the tribe, if applicable, a 18representative of each other county agency and, if applicable, tribal agency 19responsible for providing social services, including services relating to child welfare, 20mental health, and the Wisconsin Works program, representatives of the 21department of corrections and department of health services, a representative from 22private social services agencies, a representative of substance abuse behavioral
1health treatment providers, and other members to be determined by the county or 2tribe the oversight committee determines are appropriate for the program. SB45-SSA2-SA8,393Section 39. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and 4amended to read: SB45-SSA2-SA8,12,105165.95 (5) (ag) A county, or a tribe that receives a grant under this section s. 616.075, shall comply with state audits and shall submit an annual report to the 7department of justice and to the criminal justice oversight committee created under 8par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and 9prison populations and its progress in attaining the goals specified in sub. (3) (b) 10and (f). SB45-SSA2-SA8,4011Section 40. 165.95 (5) (bg) of the statutes is amended to read: SB45-SSA2-SA8,12,1612165.95 (5) (bg) A county, or a tribe that receives a grant under this section s. 1316.075, shall submit data requested by the department of justice to the department 14of justice each month. The department of justice may request any data regarding 15the project funded by the grant that is necessary to evaluate the project alternatives 16to prosecution and incarceration program and prepare the reports under sub. (5p). SB45-SSA2-SA8,4218Section 42. 165.95 (5p) (a) of the statutes is amended to read: SB45-SSA2-SA8,12,2319165.95 (5p) (a) The department of justice shall, annually, analyze the data 20submitted under sub. (5) (bg) and prepare a progress report that evaluates the 21effectiveness of the grant program alternatives to prosecution and incarceration 22programs in this state. The department of justice shall make the report available to 23the public. SB45-SSA2-SA8,4324Section 43. 165.95 (5p) (b) of the statutes is amended to read: SB45-SSA2-SA8,13,7
1165.95 (5p) (b) The department of justice shall, every 5 years, prepare a 2comprehensive report that analyzes the data it receives under sub. (5) (bg) and the 3annual reports it produces under par. (a). The department of justice shall include 4in this comprehensive report a cost benefit analysis of the grant program 5alternatives to prosecution and incarceration programs and shall submit the report 6to the chief clerk of each house of the legislature for distribution to the legislature 7under s. 13.172 (2). SB45-SSA2-SA8,448Section 44. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended 9to read: SB45-SSA2-SA8,13,161016.075 (7) A county or tribe may, with one or more other counties or tribes, 11jointly apply for and receive a grant under this section sub. (2). Upon submitting a 12joint application, each county or tribe shall include with the application a written 13agreement specifying each tribe’s and each county department’s role in developing, 14administering, and evaluating the program. The oversight committee established 15under sub. (5) (a) identified in s. 165.95 (3) (cm) shall consist of representatives 16from each county or tribe. SB45-SSA2-SA8,4618Section 46. 165.95 (7m) of the statutes is renumbered 16.075 (3) and 19amended to read: SB45-SSA2-SA8,13,242016.075 (3) Beginning in fiscal year 2012-13, the The department of justice 21shall, every 5 years, make grants under this section sub. (2) available to any county 22or tribe on a competitive basis. A county or tribe may apply for a grant under this 23subsection sub. (2) regardless of whether the county or tribe has received a grant 24previously under this section sub. (2). SB45-SSA2-SA8,14,42165.95 (8) The department of justice shall assist a county or tribe receiving a 3grant under this section that operates an alternatives to prosecution and 4incarceration program in obtaining funding from other sources for its program. SB45-SSA2-SA8,485Section 48. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended 6to read: SB45-SSA2-SA8,14,10716.075 (4) The department of justice shall inform any county or tribe that is 8applying for a grant under this section sub. (2) whether the county or tribe meets 9the requirements established under sub. s. 165.95 (3), regardless of whether the 10county or tribe receives a grant. SB45-SSA2-SA8,15,414302.43 Good time. Every inmate of a county jail is eligible to earn good time 15in the amount of one-fourth of his or her term for good behavior if sentenced to at 16least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit 17for time served prior to sentencing under s. 973.155, including good time under s. 18973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects 19or refuses to perform any duty lawfully required of him or her, may be deprived by 20the sheriff of good time under this section, except that the sheriff shall not deprive 21the inmate of more than 2 days good time for any one offense without the approval 22of the court. An inmate who files an action or special proceeding, including a 23petition for a common law writ of certiorari, to which s. 807.15 applies shall be 24deprived of the number of days of good time specified in the court order prepared
1under s. 807.15 (3). This section does not apply to a person who is confined in the 2county jail in connection with his or her participation in a substance abuse 3treatment program that meets the requirements of s. 165.95 (3), as determined by 4the department of justice under s. 165.95 (9) and (10). SB45-SSA2-SA8,525Section 52. 758.19 (5) (bf) of the statutes is created to read: SB45-SSA2-SA8,15,86758.19 (5) (bf) No later than January 1, 2026, from the appropriation under s. 720.625 (1) (d), the director of state courts shall make payments to counties totaling 8$24,596,100, which the director of state courts shall distribute as follows: SB45-SSA2-SA8,15,991. For each circuit court branch in the county, $52,300. SB45-SSA2-SA8,15,11102. In addition to the payment under subd. 1., for each county with one or fewer 11circuit court branches, $12,400. SB45-SSA2-SA8,15,15123. In addition to the payment under subd. 1., for each county with more than 13one circuit court branch, a payment equal to the county’s proportion of the state 14population multiplied by the amount remaining in the appropriation under s. 1520.625 (1) (d) after the payments are made under subds. 1. and 2. SB45-SSA2-SA8,5316Section 53. 758.19 (5) (bm) of the statutes is created to read: SB45-SSA2-SA8,15,1917758.19 (5) (bm) No later than July 1, 2026, from the appropriation under s. 1820.625 (1) (d), the director of state courts shall make payments to counties totaling 19$35,000,000, which the director of state courts shall distribute as follows: SB45-SSA2-SA8,15,20201. For each circuit court branch in the county, $74,500.
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