March 21, 2025 - Introduced by Senators Jacque and Wirch, cosponsored by Representatives Tittl, Behnke, Kreibich, Moore Omokunde, Mursau, Sortwell, Wichgers, Kaufert and Krug. Referred to Committee on Judiciary and Public Safety.
SB153,1,6
1An Act to amend 20.455 (2) (em) (title), 20.455 (2) (kn) (title), 20.455 (2) (kv) 2(title), 165.95 (title), 165.95 (2), 165.95 (3) (a), 165.95 (3) (d), 165.95 (3) (e), 3165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (5) (a), 302.43, 961.472 (5) 4(b), 967.11 (1), 967.11 (2) and 973.155 (1m); to create 165.95 (1) (ae) of the 5statutes; relating to: expanding the treatment alternatives and diversion
6programs. Analysis by the Legislative Reference Bureau
Under current law, the Department of Justice, in collaboration with the Department of Corrections and the Department of Health Services, awards grants to counties and tribes that have established qualifying treatment alternatives and diversion (TAD) programs that offer alcohol or drug treatment services as alternatives to prosecution or incarceration in order to reduce recidivism, promote public safety, and reduce prison and jail populations.
Under this bill, a program funded by a TAD grant need not focus solely on alcohol and other drug treatment but may provide treatment programs for a person who has any mental illness.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB153,1
1Section 1. 20.455 (2) (em) (title) of the statutes is amended to read: SB153,2,3220.455 (2) (em) (title) Alternatives to prosecution and incarceration for persons 3who use alcohol or other drugs; presentencing assessments. SB153,24Section 2. 20.455 (2) (kn) (title) of the statutes is amended to read: SB153,2,6520.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons 6who use alcohol or other drugs; justice information fee. SB153,37Section 3. 20.455 (2) (kv) (title) of the statutes is amended to read: SB153,2,9820.455 (2) (kv) (title) Grants for substance abuse use disorder or mental illness 9treatment programs for criminal offenders. SB153,410Section 4. 165.95 (title) of the statutes is amended to read: SB153,2,1211165.95 (title) Alternatives to prosecution and incarceration; grant 12program. SB153,513Section 5. 165.95 (1) (ae) of the statutes is created to read: SB153,2,1414165.95 (1) (ae) “Mental illness” has the meaning given in s. 51.01 (13) (a). SB153,615Section 6. 165.95 (2) of the statutes is amended to read: SB153,3,416165.95 (2) The department of justice shall make grants to counties and to 17tribes to enable them to establish and operate programs, including suspended and 18deferred prosecution programs and programs based on principles of restorative 19justice, that provide alternatives to prosecution and incarceration for criminal 20offenders who abuse alcohol or other drugs have a substance use disorder or mental
1illness. The department of justice shall make the grants from the appropriations 2under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall 3collaborate with the department of corrections and the department of health 4services in establishing this grant program. SB153,75Section 7. 165.95 (3) (a) of the statutes is amended to read: SB153,3,106165.95 (3) (a) The county’s or tribe’s program is designed to meet the needs of 7a person who abuses alcohol or other drugs has a substance use disorder or mental 8illness and who may be or has been charged with or who has been convicted of a 9crime in that county related to the person’s use or abuse of alcohol or other drugs 10substance use disorder or mental illness. SB153,811Section 8. 165.95 (3) (d) of the statutes is amended to read: SB153,3,1512165.95 (3) (d) Services provided under the program are consistent with 13evidence-based practices in substance abuse use disorder and mental health 14treatment, as determined by the department of health services, and the program 15provides intensive case management. SB153,916Section 9. 165.95 (3) (e) of the statutes is amended to read: SB153,3,1817165.95 (3) (e) The program uses graduated sanctions and incentives to 18promote successful substance abuse use disorder and mental health treatment. SB153,1019Section 10. 165.95 (3) (g) of the statutes is amended to read: SB153,4,320165.95 (3) (g) The program is designed to integrate all mental health services 21provided to program participants by state and local government agencies and other 22organizations. The program shall require regular communication among a 23participant’s substance abuse treatment providers, other service providers, the
1case manager, and any person designated under the program to monitor the 2person’s compliance with his or her obligations under the program and any 3probation, extended supervision, and parole agent assigned to the participant. SB153,114Section 11. 165.95 (3) (h) of the statutes is amended to read: SB153,4,75165.95 (3) (h) The program provides substance abuse use disorder and mental 6health treatment services through providers that are certified by the department of 7health services. SB153,128Section 12. 165.95 (3) (j) of the statutes is amended to read: SB153,4,169165.95 (3) (j) The program is developed with input from, and implemented in 10collaboration with, one or more circuit court judges, the district attorney, the state 11public defender, local and, if applicable, tribal law enforcement officials, county 12agencies and, if applicable, tribal agencies responsible for providing social services, 13including services relating to alcohol and other drug addiction, child welfare, 14mental health, and the Wisconsin Works program, the departments of corrections, 15children and families, and health services, private social services agencies, and 16substance abuse use disorder and mental health treatment providers. SB153,1317Section 13. 165.95 (5) (a) of the statutes is amended to read: SB153,5,618165.95 (5) (a) A county or tribe that receives a grant under this section shall 19create an oversight committee to advise the county or tribe in administering and 20evaluating its program. Each committee shall consist of a circuit court judge, the 21district attorney or his or her designee, the state public defender or his or her 22designee, a local law enforcement official, a representative of the county, a 23representative of the tribe, if applicable, a representative of each other county
1agency and, if applicable, tribal agency responsible for providing social services, 2including services relating to child welfare, mental health, and the Wisconsin 3Works program, representatives of the department of corrections and department 4of health services, a representative from private social services agencies, a 5representative of substance abuse use disorder and mental health treatment 6providers, and other members to be determined by the county or tribe. SB153,147Section 14. 302.43 of the statutes is amended to read: SB153,5,228302.43 Good time. Every inmate of a county jail is eligible to earn good time 9in the amount of one-fourth of his or her term for good behavior if sentenced to at 10least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit 11for time served prior to sentencing under s. 973.155, including good time under s. 12973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects 13or refuses to perform any duty lawfully required of him or her, may be deprived by 14the sheriff of good time under this section, except that the sheriff shall not deprive 15the inmate of more than 2 days good time for any one offense without the approval 16of the court. An inmate who files an action or special proceeding, including a 17petition for a common law writ of certiorari, to which s. 807.15 applies shall be 18deprived of the number of days of good time specified in the court order prepared 19under s. 807.15 (3). This section does not apply to a person who is confined in the 20county jail in connection with his or her participation in a substance abuse 21treatment program that meets the requirements of s. 165.95 (3), as determined by 22the department of justice under s. 165.95 (9) and (10). SB153,1523Section 15. 961.472 (5) (b) of the statutes is amended to read: SB153,6,3
1961.472 (5) (b) The person is participating in a substance abuse use disorder 2treatment program that meets the requirements of s. 165.95 (3), as determined by 3the department of justice under s. 165.95 (9) and (10). SB153,164Section 16. 967.11 (1) of the statutes is amended to read: SB153,6,75967.11 (1) In this section, “approved substance abuse treatment program” 6means a substance abuse treatment program that meets the requirements of s. 7165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10). SB153,178Section 17. 967.11 (2) of the statutes is amended to read: SB153,6,149967.11 (2) If a county establishes an approved substance abuse treatment 10program and the approved program authorizes the use of surveillance and 11monitoring technology or day reporting programs, a court or a district attorney may 12require a person participating in an the approved substance abuse treatment 13program to submit to surveillance and monitoring technology or a day reporting 14program as a condition of participation. SB153,1815Section 18. 973.155 (1m) of the statutes is amended to read: SB153,6,2016973.155 (1m) A convicted offender shall be given credit toward the service of 17his or her sentence for all days spent in custody as part of a substance abuse 18treatment program that meets the requirements of s. 165.95 (3), as determined by 19the department of justice under s. 165.95 (9) and (10), for any offense arising out of 20the course of conduct that led to the person’s placement in that program.
