SB45,1161,19 165.91 (2) (c) In any fiscal year, if there are moneys in the appropriation account under s. 20.455 (2) (kw) in excess of the amount specified in par. (a), the department of justice shall provide a payment to each tribe that operates a tribal law enforcement agency in an amount equal to the total excess moneys divided by the number of eligible tribes under this paragraph.

SB45,2241 Section 2241. 165.935 of the statutes is created to read:

SB45,1161,24 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

SB45,1162,3 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

SB45,1162,5 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

SB45,2242 Section 2242. 165.95 (title) of the statutes is amended to read:

SB45,1162,8 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

SB45,2243 Section 2243. 165.95 (1) (ac) of the statutes is created to read:

SB45,1162,12 165.95 (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.

SB45,2244 Section 2244. 165.95 (2) of the statutes is repealed.

SB45,2245 Section 2245. 165.95 (2m) of the statutes is created to read:

SB45,1162,22 165.95 (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.

SB45,2246 Section 2246. 165.95 (2r) of the statutes is repealed.

SB45,2247 Section 2247. 165.95 (3) (intro.) of the statutes is amended to read:

SB45,1163,5 165.95 (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:

SB45,2248 Section 2248. 165.95 (3) (a) of the statutes is repealed.

SB45,2249 Section 2249. 165.95 (3) (ag) of the statutes is created to read:

SB45,1163,11 165.95 (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.

SB45,2250 Section 2250. 165.95 (3) (b) of the statutes is amended to read:

SB45,1163,18 165.95 (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.

SB45,2251 Section 2251. 165.95 (3) (bd) of the statutes is created to read:

SB45,1163,22 165.95 (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.

SB45,2252 Section 2252. 165.95 (3) (cm) 2. of the statutes is created to read:

SB45,1164,5 165.95 (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.

SB45,2253 Section 2253. 165.95 (3) (d) of the statutes is amended to read:

SB45,1164,10 165.95 (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.

SB45,2254 Section 2254. 165.95 (3) (e) of the statutes is amended to read:

SB45,1164,13 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

SB45,2255 Section 2255. 165.95 (3) (g) of the statutes is amended to read: