SB1094,,58 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2) 940.202, 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.23, 940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4.

SB1094,26 Section 26. 165.95 (title) of the statutes is amended to read:

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SB1094,30 Section 30. 165.95 (3) (a) of the statutes is repealed.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