AB1006: Bill Text

AB1006,7,22 165.95 (3d) The A program requires that receives a grant under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB1006,21 Section 21. 165.95 (3) (j) of the statutes is repealed.

AB1006,22 Section 22. 165.95 (3) (k) of the statutes is amended to read:

AB1006,8,4 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice, in consultation with the criminal justice coordinating council, to promote the objectives listed in pars. (a) and (b) this subsection.

AB1006,23 Section 23 . 165.95 (3m) of the statutes is created to read:

AB1006,8,8 165.95 (3m) The department of justice shall consult with the criminal justice coordinating council to determine which programs meet the specifications set forth in sub. (3) and will receive a grant under this section.

AB1006,24 Section 24 . 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB1006,8,15 165.95 (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:

AB1006,9,2 1. If the program is administered by a county, or by a county and a tribe pursuant to sub. (6), 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 departments of corrections and health and family 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.

AB1006,25 Section 25 . 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB1006,9,9 165.95 (5) (ag) A county or tribe that receives a grant under this section 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).

AB1006,26 Section 26 . 165.95 (5m) of the statutes is repealed.

AB1006,27 Section 27 . 165.95 (6) of the statutes is amended to read:

AB1006,9,18 165.95 (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe's and each county department's role in developing, administering, and evaluating the program. The criminal justice oversight committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of representatives from each county or tribe that participates in the program.

AB1006,28 Section 28 . 302.43 of the statutes is amended to read:

AB1006,9,25 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1006,29 Section 29 . 950.04 (1v) (g) of the statutes is amended to read:

AB1006,10,13 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 165.95 (3) (ae) 2. c., 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB1006,30 Section 30 . 961.472 (5) (b) of the statutes is amended to read:

AB1006,10,17 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1006,31 Section 31 . 967.11 of the statutes is amended to read:

AB1006,10,22 967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB1006,11,3 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB1006,32 Section 32 . 973.155 (1m) of the statutes is amended to read:

AB1006,11,9 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB1006,33 Section 33. Nonstatutory provisions.

AB1006,11,13 (1) Study and report by criminal justice coordinating council. No later than July 1, 2021, the criminal justice coordinating council shall study and report on all of the following:

AB1006,11,18 (a) The case load and distribution of criminal cases across the state and the distribution of assistant district attorneys, public defenders, and circuit court judges. The report shall include recommendations for adjustments to the assignment process or distribution of district attorneys, public defenders, and circuit court judges.

AB1006,11,20 (b) The impact of treatment courts, deferrals, and diversions on attorney time spent on a case and on the length of time that a case stays open.

AB1006,11,23 (c) The recidivism rates of participants in a treatment alternatives and diversion program compared to the recidivism rates of similarly situated individuals who do not participate in a treatment alternatives and diversion program.

AB1006,34 Section 34. Fiscal changes; alternatives to prosecution and incarceration.

AB1006,12,4 (1) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $2,000,000 to expand capacity within programs that are funded by grants under s. 165.95 (2) on the effective date of this subsection.

AB1006,12,9 (2) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $1,000,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that address mental health, mental health courts, or diversion or deferral programs addressing mental health.

AB1006,12,14 (3) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $500,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that are designed to divert cases before criminal charges are filed.

AB1006,12,19 (4) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $500,000 to provide grants under s. 165.95 (2) for the creation or expansion of programs that are designed to incorporate restorative justice practices into diversion or deferred prosecution programs.

AB1006,12,24 (5) In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year 2020-21 is increased by $5,000,000 to provide grants under s. 165.95 (2) for programs that provide in-patient or out-patient substance use disorder treatment, housing for individuals in recovery, transportation, or transitional jobs.

AB1006,35 Section 35 . Initial applicability.

AB1006,13,2 (1) Treatment alternatives and diversions. The treatment of s. 165.95 first applies to grants awarded on July 1, 2020.

AB1006,13,3 (End)