Amendment SA8-SSA2-SB45

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-SA8,1,1 At the locations indicated, amend the substitute amendment as follows:

SB45-SSA2-SA8,1,3 1. At the appropriate place, insert the schedule for s. 20.455 from 2025 Senate Bill 45 covering the department of justice.

SB45-SSA2-SA8,1,4 2. At the appropriate place, insert all of the following:

SB45-SSA2-SA8,1,5 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,1,7 (1) Department of justice position authorizations. The authorized positions for the department of justice are increased as provided in SB 45.”.

SB45-SSA2-SA8,1,9 3. At the appropriate place, insert the schedule for s. 20.550 from 2025 Senate Bill 45 covering the Public Defender Board.

SB45-SSA2-SA8,1,10 4. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,2,1 “Section 9133. Nonstatutory provisions; Public Defender Board.

SB45-SSA2-SA8,2,3 (1) Public defender board position authorizations. The authorized positions for the public defender board are increased as provided in SB 45.”.

SB45-SSA2-SA8,2,5 5. At the appropriate place, insert the schedule for s. 20.625 from 2025 Senate Bill 45 covering the circuit courts.

SB45-SSA2-SA8,2,6 6. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,2,7 “Section 9107. Nonstatutory provisions; Circuit Courts.

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.