2025 - 2026 LEGISLATURE
LRBb0670/1
MJW&CMH:klm
SENATE AMENDMENT 8,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 45
July 2, 2025 - Offered by Senators Hesselbein, Smith, Spreitzer, Drake, L. Johnson, Roys, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff and Wall.
SB45-SSA2-SA8,1,321. At the appropriate place, insert the schedule for s. 20.455 from 2025 3Senate Bill 45 covering the department of justice. SB45-SSA2-SA8,1,76(1) Department of justice position authorizations. The authorized 7positions for the department of justice are increased as provided in SB 45.”. SB45-SSA2-SA8,1,983. At the appropriate place, insert the schedule for s. 20.550 from 2025 9Senate Bill 45 covering the Public Defender Board. SB45-SSA2-SA8,2,32(1) Public defender board position authorizations. The authorized 3positions for the public defender board are increased as provided in SB 45.”. SB45-SSA2-SA8,2,545. At the appropriate place, insert the schedule for s. 20.625 from 2025 5Senate Bill 45 covering the circuit courts. SB45-SSA2-SA8,2,98(1) Circuit Courts position authorizations. The authorized positions for 9the department of justice are increased as provided in SB 45.”. SB45-SSA2-SA8,2,1211“Section 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. 12and amended to read: SB45-SSA2-SA8,2,1613102.17 (9) (a) 1m. “Fire fighter” “Firefighter” means any person employed on 14a full-time basis by the state or any political subdivision as a member or officer of a 15fire department, including the 1st class cities and state fire marshal and deputies, 16or an individual who volunteers as a member or officer of a fire department. SB45-SSA2-SA8,217Section 2. 102.17 (9) (a) 1c. of the statutes is created to read: SB45-SSA2-SA8,2,1918102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 19(8) (a). SB45-SSA2-SA8,320Section 3. 102.17 (9) (a) 1e. of the statutes is created to read: SB45-SSA2-SA8,2,2221102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 22256.01 (4p). SB45-SSA2-SA8,423Section 4. 102.17 (9) (a) 1g. of the statutes is created to read: SB45-SSA2-SA8,3,2
1102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning 2given in s. 256.01 (5). SB45-SSA2-SA8,53Section 5. 102.17 (9) (a) 1p. of the statutes is created to read: SB45-SSA2-SA8,3,94102.17 (9) (a) 1p. “Medicolegal investigation staff member” includes a chief 5deputy coroner, a deputy coroner, a deputy medical examiner, and any individual 6who assists the office of a coroner or medical examiner with an investigation of a 7death. “Medicolegal investigation staff member” does not include an individual 8performing solely administrative functions in the office of a coroner or medical 9examiner. SB45-SSA2-SA8,610Section 6. 102.17 (9) (b) (intro.) of the statutes is amended to read: SB45-SSA2-SA8,3,1811102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is 12not accompanied by a physical injury and that results in a diagnosis of post-13traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), 14an emergency medical responder, an emergency services practitioner, a correctional 15officer, a public safety answering point dispatcher, a coroner, a medical examiner, a 16medicolegal investigation staff member, or a fire fighter firefighter, the claim for 17compensation for the mental injury, in order to be compensable under this chapter, 18is subject to all of the following: SB45-SSA2-SA8,4,220(1) Worker’s compensation insurance; rate approval; notice. The 21commissioner of insurance shall submit to the legislative reference bureau for 22publication in the Wisconsin Administrative Register a notice of the effective date of
1new rates for worker’s compensation insurance first approved by the commissioner 2under s. 626.13 after the effective date of this subsection. SB45-SSA2-SA8,4,84(1) First responder PTSD coverage. The treatment of s. 102.17 (9) (a) 1., 51c., 1e., 1g., and 1p. and (b) (intro.) first applies to injuries reported on the effective 6date of rate changes for worker’s compensation insurance approved by the 7commissioner of insurance under s. 626.13 after the effective date of this 8subsection.”. SB45-SSA2-SA8,4,2111978.03 (1m) The district attorney of any prosecutorial unit having a 12population of 200,000 or more but less than 750,000 may appoint 3 4 deputy 13district attorneys and such assistant district attorneys as may be requested by the 14department of administration and authorized in accordance with s. 16.505. The 15district attorney shall rank the deputy district attorneys for purposes of carrying 16out duties under this section. The deputies, according to rank, may perform any 17duty of the district attorney, under the district attorney’s direction. In the absence 18or disability of the district attorney, the deputies, according to rank, may perform 19any act required by law to be performed by the district attorney. Any such deputy 20must have practiced law in this state for at least 2 years prior to appointment under 21this section.”. 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.
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