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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 17
February 7, 2023 - Introduced by Representatives TITTL, GOYKE, C. ANDERSON, J.
ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, CONLEY,
CONSIDINE, DOYLE, EMERSON, HAYWOOD, HONG, JOERS, KRUG, MADISON, MOORE
OMOKUNDE, MURSAU, NOVAK, OHNSTAD, ORTIZ-VELEZ, RIEMER, ROZAR, SCHRAA,
SHELTON, SINICKI, SNODGRASS, SNYDER, SPIROS, SUBECK, VINING, WICHGERS,
SHANKLAND and JACOBSON, cosponsored by Senators JACQUE, SPREITZER,
CABRAL-GUEVARA, CARPENTER, FELZKOWSKI, HESSELBEIN, JAMES, ROYS, TAYLOR
and WIRCH. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 20.455 (2) (em) (title), 165.95 (title), 165.95 (2), 165.95 (3) (a),
165.95 (3) (d), 165.95 (3) (e), 165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95
(5) (a), 302.43, 967.11 (1), 967.11 (2) and 973.155 (1m); and to create 165.95 (1)
(ae) of the statutes; relating to: expanding the treatment alternatives and
diversion programs.
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:
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SECTION 1 ASSEMBLY BILL 17
SECTION 1. 20.455 (2) (em) (title) of the statutes is amended to read:
20.455 (2) (em) (title) Alternatives to prosecution and incarceration for persons
who use alcohol or other drugs; presentencing assessments.
SECTION 2. 165.95 (title) of the statutes is amended to read:
165.95 (title) Alternatives to prosecution and incarceration; grant
program.
SECTION 3. 165.95 (1) (ae) of the statutes is created to read:
165.95 (1) (ae) “Mental illness” has the meaning given in s. 51.01 (13) (a).
SECTION 4. 165.95 (2) of the statutes is amended to read:
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 have a substance use disorder or mental illness. The
department of justice shall make the grants from the appropriations under s. 20.455
(2) (ek), (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.
SECTION 5. 165.95 (3) (a) of the statutes is amended to read:
165.95 (3) (a) The county's or tribe's program is designed to meet the needs of
a person who abuses alcohol or other drugs has a substance use disorder or mental
illness and who may be or has been charged with or who has been convicted of a crime
in that county related to the person's use or abuse of alcohol or other drugs substance
use disorder or mental illness.
SECTION 6. 165.95 (3) (d) of the statutes is amended to read:
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165.95 (3) (d) Services provided under the program are consistent with
evidence-based practices in substance abuse use disorder and mental health
treatment, as determined by the department of health services, and the program
provides intensive case management.
SECTION 7. 165.95 (3) (e) of the statutes is amended to read:
165.95 (3) (e) The program uses graduated sanctions and incentives to promote
successful substance abuse use disorder and mental health treatment.
SECTION 8. 165.95 (3) (g) of the statutes is amended to read:
165.95 (3) (g) The program is designed to integrate all mental health services
provided to program participants by state and local government agencies and other
organizations. The program shall require regular communication 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.
SECTION 9. 165.95 (3) (h) of the statutes is amended to read:
165.95 (3) (h) The program provides substance abuse use disorder and mental
health treatment services through providers that are certified by the department of
health services.
SECTION 10. 165.95 (3) (j) of the statutes is amended to read:
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, child welfare, mental
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SECTION 10 ASSEMBLY BILL 17
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 and mental health treatment providers.
SECTION 11. 165.95 (5) (a) of the statutes is amended to read:
165.95 (5) (a) A county or tribe that receives a grant under this section shall
create an oversight committee to advise the county or tribe in administering and
evaluating its program. Each 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 use disorder and mental health treatment providers, and other members to be
determined by the county or tribe.
SECTION 12. 302.43 of the statutes is amended to read:
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
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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).
SECTION 13. 967.11 (1) of the statutes is amended to read:
967.11 (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).
SECTION 14. 967.11 (2) of the statutes is amended to read:
967.11 (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.
SECTION 15. 973.155 (1m) of the statutes is amended to read:
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.
(END)
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