SB1094: Bill Text

SB1094,,60 165.95 (title) Alternatives to prosecution and incarceration; grant program.

SB1094,27 Section 27. 165.95 (1) (ac) of the statutes is created to read:

SB1094,,62 165.95 (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.

SB1094,28 Section 28. 165.95 (2) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

SB1094,,64 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall collaborate with the department of corrections and the department of health services in establishing this grant program.

SB1094,29 Section 29. 165.95 (2r) of the statutes is amended to read:

SB1094,,66 165.95 (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 10 percent of the amount of the grant.

SB1094,30 Section 30. 165.95 (3) (a) of the statutes is repealed.

SB1094,31 Section 31. 165.95 (3) (ag) of the statutes is created to read:

SB1094,,69 165.95 (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.

SB1094,32 Section 32. 165.95 (3) (b) of the statutes is amended to read:

SB1094,,71 165.95 (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.

SB1094,33 Section 33. 165.95 (3) (bd) of the statutes is created to read:

SB1094,,73 165.95 (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.

SB1094,34 Section 34. 165.95 (3) (cm) 2. of the statutes is created to read:

SB1094,,75 165.95 (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.

SB1094,35 Section 35. 165.95 (3) (d) of the statutes is amended to read:

SB1094,,77 165.95 (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.

SB1094,36 Section 36. 165.95 (3) (e) of the statutes is amended to read:

SB1094,,79 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB1094,37 Section 37. 165.95 (3) (g) of the statutes is amended to read:

SB1094,,81 165.95 (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.

SB1094,38 Section 38. 165.95 (3) (h) of the statutes is amended to read:

SB1094,,83 165.95 (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.

SB1094,39 Section 39. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

SB1094,,85 165.95 (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.

SB1094,40 Section 40. 165.95 (3) (j) of the statutes is amended to read:

SB1094,,87 165.95 (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.

SB1094,41 Section 41. 165.95 (3) (k) of the statutes is amended to read:

SB1094,,89 165.95 (3) (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b) this subsection.

SB1094,42 Section 42. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

SB1094,,91 165.95 (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:

SB1094,,92 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 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.

SB1094,43 Section 43. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

SB1094,,94 165.95 (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).

SB1094,44 Section 44. 165.95 (5m) of the statutes is repealed.

SB1094,45 Section 45. 165.95 (6) of the statutes is amended to read:

SB1094,,97 165.95 (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.

SB1094,46 Section 46. 165.95 (7) of the statutes is amended to read:

SB1094,,99 165.95 (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

SB1094,47 Section 47. 165.95 (7m) of the statutes is amended to read:

SB1094,,101 165.95 (7m) Beginning in fiscal year 2012-13 2023-24, the department of justice shall, every 5 4 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.

SB1094,48 Section 48. 175.33 of the statutes is created to read:

SB1094,,103 175.33 Transfer of firearms. (1) In this section:

SB1094,,104 (a) “Family member” means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB1094,,105 (b) “Firearm” includes the frame or receiver of a firearm.

SB1094,,106 (c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

SB1094,,107 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

SB1094,,108 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

SB1094,,109 (a) The transferor is a firearms dealer.

SB1094,,110 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB1094,,111 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB1094,,112 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under state or federal law, and the transferee is at least 18 years of age.

SB1094,,113 (e) The transferor is transferring the firearm with the intent that the transfer is for the purpose of hunting or target shooting if the transfer is for no longer than 14 days, the transferor did not receive in exchange for the transfer more than nominal consideration, the transferee is not prohibited from possessing a firearm under state or federal law, and the transfer is not otherwise prohibited by law.

SB1094,,114 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

SB1094,49 Section 49. 175.35 (title) of the statutes is amended to read:

SB1094,,116 175.35 (title) Purchase Transfer of handguns firearms.

SB1094,50 Section 50. 175.35 (1) (at) of the statutes is amended to read:

SB1094,,118 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB1094,51 Section 51. 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB1094,,120 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase be transferred a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB1094,52 Section 52. 175.35 (1) (b) of the statutes is repealed.

SB1094,53 Section 53. 175.35 (1) (br) of the statutes is created to read:

SB1094,,123 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

SB1094,54 Section 54. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

SB1094,,125 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

SB1094,55 Section 55. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

SB1094,56 Section 56. 175.35 (2) (bm) of the statutes is created to read:

SB1094,,128 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

SB1094,57 Section 57. 175.35 (2) (cm) (intro.) of the statutes is created to read:

SB1094,,130 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

SB1094,58 Section 58. 175.35 (2g) (a) of the statutes is amended to read:

SB1094,,132 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

SB1094,59 Section 59. 175.35 (2g) (b) 1. of the statutes is amended to read:

SB1094,,134 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

SB1094,60 Section 60. 175.35 (2g) (b) 2. of the statutes is amended to read:

SB1094,,136 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

SB1094,61 Section 61. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB1094,,138 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

SB1094,,139 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

SB1094,,140 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

SB1094,62 Section 62. 175.35 (2i) (b) 2. of the statutes is created to read:

SB1094,,142 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

SB1094,63 Section 63. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB1094,64 Section 64. 175.35 (2j) (b) of the statutes is created to read:

SB1094,,145 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer’s participation in the transfer.

SB1094,65 Section 65. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB1094,,147 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

SB1094,66 Section 66. 175.35 (2k) (c) 2. a. of the statutes is amended to read: