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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 401
September 6, 2023 - Introduced by Representatives CALLAHAN, KRUG, BALDEH,
DONOVAN, MOSES, MURSAU, SCHMIDT and STUBBS, cosponsored by Senators
WIMBERGER and KNODL. Referred to Committee on Corrections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 301.096 of the statutes; relating to: performance grants based
on improving employment rates for individuals on probation, parole, or
extended supervision.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to award performance grants
to adult probation and parole offices for increases in employment rates for
individuals on probation, parole, or extended supervision in the regions the offices
serve.
The bill provides a formula to determine the amount of funds each adult
probation and parole office is eligible to receive under this performance grant
program. Under the formula, DOC must calculate a baseline employment rate for
individuals on probation, parole, or extended supervision who reside in the region
the office serves by averaging the annual employment rate for those individuals in
fiscal years 2019-20, 2020-21, and 2021-22. Then, on July 1 of each fiscal year, DOC
must calculate the employment rate for individuals on probation, parole, or extended
supervision who reside in the region the office serves for the fiscal year that just
ended. DOC must subtract the baseline employment rate from the employment rate
for the fiscal year that just ended. If the difference is negative, the office is not eligible
for a performance grant in the fiscal year that just began. If the difference is positive,
the office is eligible for a performance grant in the fiscal year that just began that is
equal to that difference multiplied by the number of individuals on probation, parole,
or extended supervision who reside in the region the office serves, multiplied again
by $2,500.
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ASSEMBLY BILL 401
Under the bill, an office that receives a grant may spend up to 15 percent of the
funds on data collection and administration for the grant and must spend at least 85
percent of the funds to improve supervision and rehabilitative services for
individuals on probation, parole, or extended supervision who reside in the office's
region. The bill specifies that the services may include implementing
evidence-based practices for risk and needs assessments; implementing
intermediate sanctions such as community service, home detention, or work
furlough programs; expanding the availability of evidence-based practices for
rehabilitation programs such as drug and alcohol treatment, anger management,
and vocational training; hiring personnel to implement evidence-based practices for
rehabilitative and vocational programming; procuring new technologies or
equipment to supervise or rehabilitate or provide vocational training; and
evaluating the effectiveness of programs.
The bill requires DOC to develop and publish outcome-based measures for each
region such as the employment rate and the average length of employment for
individuals on probation, parole, or extended supervision; the percentage and
employment status of individuals on probation, parole, or extended supervision who
are convicted of a crime while on the supervised status; the number and employment
status of individuals on probation, parole, or extended supervision who complete
their period of supervised status; the programs for individuals on probation, parole,
or extended supervision that were created or eliminated; and an estimate of savings
to the state as a result of reduced correctional costs due to lower crime rates among
individuals on probation, parole, or extended supervision.
The bill requires DOC to work with the offices to prepare annual reports for the
legislature. The reports must be available to the public and must include
information about the effectiveness of the performance grants based on
outcome-based measures and recommendations regarding resource allocations or
collaboration with other state, regional, or local entities or other regions for
improvements to the performance grant program.
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:
SECTION 1. 301.096 of the statutes is created to read:
301.096 Improving community supervision outcomes; employment.
(1) DEFINITIONS. In this section:
(a) “Baseline employment rate” means the average of the employment rates for
the fiscal years 2019-20, 2020-21, and 2021-22.
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(b) “Documentation of wage-earning hours” means employment records, pay
stubs, employment letters, contracts, or similarly reliable methods of employment
verification, as determined by the department.
(c) “Eligible employment” means an occupation or combination of occupations
for which an individual can provide documentation of wage-earning hours in the
amount of at least 130 hours in a 30-day period.
(d) “Employment rate” means the proportion of individuals who held eligible
employment for at least 9 months if at least part of the 9 months was in a given fiscal
year.
(e) “Evidence-based practices” means supervision policies, procedures,
programs, and technology demonstrated by scientific research to reduce recidivism
among individuals on probation, parole, or extended supervision.
(f) “Marginal cost of incarceration” means the sum of all short-term variable
costs associated with incarcerating an individual in a state facility. “Marginal cost
of incarceration” includes only correctional costs that marginally change in
proportion to the inmate population of a facility.
(g) “Region” means each jurisdiction that is covered by a regional office.
(h) “Regional office” means an adult probation and parole office that supervises
individuals who reside under the office's jurisdiction who are on probation, parole,
or extended supervision.
(2) GRANTS. The department shall award grants to regional offices for
improving community supervision outcomes. The amount that each regional office
receives is based on the calculations under sub. (7).
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(3) ALLOCATION OF GRANT MONEYS RECEIVED. (a) A regional office may use up to
15 percent of the funds awarded under this section for administrative and
data-collection purposes that are related to this section.
(b) A regional office shall use at least 85 percent of funds awarded under this
section to improve supervision and rehabilitative services for individuals on
probation, parole, or extended supervision in its region. The services may include
any services, including any of the following:
1. Implementing and expanding evidence-based practices for risk and needs
assessments for individualized programming.
2. Implementing and expanding intermediate sanctions that include, but are
not limited to, mandatory community service, home detention, day reporting,
restorative justice programs, and work furlough programs.
3. Expanding the availability of evidence-based practices for rehabilitation
programs including, but not limited to, drug and alcohol treatment, mental health
treatment, anger management, cognitive behavior programs, and vocational
training and employment services.
4. Hiring additional officers, contractors, or other personnel to implement
evidence-based practices for rehabilitative and vocational programming.
5. Purchasing and adopting new technologies or equipment that are relevant
and enhancing to the task of supervision, rehabilitation, or vocational training.
6. Evaluating the effectiveness of rehabilitation and supervision programs and
ensuring program fidelity.
(4) OVERSIGHT AND REPORTING. (a) The department shall provide oversight of
the grant moneys awarded to ensure that the disbursed funds are being used in
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accordance with the grant program under this section. The department shall
maintain an accounting of all moneys awarded under this section.
(b) Beginning no later than the first day of the 19th month beginning after the
effective date of this paragraph .... [LRB inserts date], and on each July 1 thereafter,
the department shall work with regional offices to prepare and submit to the joint
committee on finance a comprehensive, publicly available report on the
implementation of the grant program under this section. The report shall include
at the minimum all the following information:
1. The effectiveness of the grant payments based on the reports of
outcome-based measures under sub. (5).
2. Any recommendations regarding resource allocations or additional
collaboration with other state, regional, or local entities or other regions for
improvements to the grant program under this section.
(5) OUTCOME-BASED MEASURES. The department shall develop, track, and, in a
publicly available report, publish the outcome-based measures for each fiscal year,
including all of the following:
(a) The employment rate and average length of employment for individuals on
probation, parole, or extended supervision in each region and statewide.
(b) The percentage of individuals on probation, parole, or extended supervision
who are convicted of a new crime while on that supervised status for each region and
statewide and whether the individuals who are convicted are employed or not.
(c) The number and percentage of individuals on probation, parole, or extended
supervision who successfully complete their period of supervised status for each
region and statewide and whether the individuals who complete their period are
employed or not.
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(d) The number and types of programs for individuals on probation, parole, or
extended supervision that were created, modified, replaced, or eliminated in each
region.
(e) An estimate of any savings to the state as a result of reduced correctional
costs due to lower crime rates among individuals on probation, parole, or extended
supervision, using the marginal cost of incarceration and the number of individuals
convicted of a new crime while on supervised status.
(6) DATA COLLECTION REQUIREMENTS. (a) The department shall calculate for each
region and statewide the baseline employment rates for individuals on probation, for
individuals on parole, and for individuals on extended supervision.
(b) On July 1 of each fiscal year, the department shall calculate for each region
and statewide the employment rates for the preceding fiscal year for individuals on
probation, for individuals on parole, and for individuals on extended supervision.
(7) DISTRIBUTING INCENTIVE GRANTS FOR PERFORMANCE. The department shall
calculate the amount that each regional office is eligible to receive in the current
fiscal year as a grant under this section for increasing probation, parole, and
extended supervision employment rates for its region in the immediate past fiscal
year as follows:
(a) Add the employment rates for individuals on probation, individuals on
parole, and individuals on extended supervision for the region as determined under
sub. (6) (b).
(b) Subtract from the sum under par. (a) the sum of the baseline employment
rates for the region for individuals on probation, individuals on parole, and
individuals on extended supervision determined under sub. (6) (a).
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(c) 1. If the difference determined under par. (b) is positive, multiply the
difference by the total number of individuals on probation, parole, and extended
supervision in the region. Multiply that product by $2,500 to determine the amount
that the regional office is eligible to receive under this section in the current fiscal
year.
2. If the difference determined under par. (b) is negative, the regional office is
not eligible for a grant under this section in the current fiscal year.
(d) If the moneys available for grants under this section in a fiscal year are
insufficient to pay all amounts determined under par. (c) 1., the department shall
establish a system to prorate the grants.
(e) If the department determines that the data required under sub. (6) are not
of sufficient quality or are not the correct type, the department shall use the best
available data to estimate probation, parole, and extended supervision employment
rates using a method that is as consistent with that described in sub. (6) as is
reasonably possible.
(f) Notwithstanding par. (c) 1., no regional office may be awarded a grant under
this section if, in the previous fiscal year, its region had an increase in revocations
based on the commission of new crimes.
(END)
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