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Wisconsin Senate Bill SB153

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB153 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 153
55 March 21, 2025 - Introduced by Senators JACQUE and WIRCH, cosponsored by
66 Representatives TITTL, BEHNKE, KREIBICH, MOORE OMOKUNDE, MURSAU,
77 SORTWELL, WICHGERS, KAUFERT and KRUG. Referred to Committee on
88 Judiciary and Public Safety.
99
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to amend 20.455 (2) (em) (title), 20.455 (2) (kn) (title), 20.455 (2) (kv)
1212 (title), 165.95 (title), 165.95 (2), 165.95 (3) (a), 165.95 (3) (d), 165.95 (3) (e),
1313 165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (5) (a), 302.43, 961.472 (5)
1414 (b), 967.11 (1), 967.11 (2) and 973.155 (1m); to create 165.95 (1) (ae) of the
1515 statutes; relating to: expanding the treatment alternatives and diversion
1616 programs.
1717 Analysis by the Legislative Reference Bureau
1818 Under current law, the Department of Justice, in collaboration with the
1919 Department of Corrections and the Department of Health Services, awards grants
2020 to counties and tribes that have established qualifying treatment alternatives and
2121 diversion (TAD) programs that offer alcohol or drug treatment services as
2222 alternatives to prosecution or incarceration in order to reduce recidivism, promote
2323 public safety, and reduce prison and jail populations.
2424 Under this bill, a program funded by a TAD grant need not focus solely on
2525 alcohol and other drug treatment but may provide treatment programs for a person
2626 who has any mental illness.
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3636 SECTION 1
3737 For further information see the state and local fiscal estimate, which will be
3838 printed as an appendix to this bill.
3939 The people of the state of Wisconsin, represented in senate and assembly, do
4040 enact as follows:
4141 SECTION 1. 20.455 (2) (em) (title) of the statutes is amended to read:
4242 20.455 (2) (em) (title) Alternatives to prosecution and incarceration for persons
4343 who use alcohol or other drugs; presentencing assessments.
4444 SECTION 2. 20.455 (2) (kn) (title) of the statutes is amended to read:
4545 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons
4646 who use alcohol or other drugs; justice information fee.
4747 SECTION 3. 20.455 (2) (kv) (title) of the statutes is amended to read:
4848 20.455 (2) (kv) (title) Grants for substance abuse use disorder or mental illness
4949 treatment programs for criminal offenders.
5050 SECTION 4. 165.95 (title) of the statutes is amended to read:
5151 165.95 (title) Alternatives to prosecution and incarceration; grant
5252 program.
5353 SECTION 5. 165.95 (1) (ae) of the statutes is created to read:
5454 165.95 (1) (ae) XMental illnessY has the meaning given in s. 51.01 (13) (a).
5555 SECTION 6. 165.95 (2) of the statutes is amended to read:
5656 165.95 (2) The department of justice shall make grants to counties and to
5757 tribes to enable them to establish and operate programs, including suspended and
5858 deferred prosecution programs and programs based on principles of restorative
5959 justice, that provide alternatives to prosecution and incarceration for criminal
6060 offenders who abuse alcohol or other drugs have a substance use disorder or mental
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8484 SECTION 6
8585 illness. The department of justice shall make the grants from the appropriations
8686 under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall
8787 collaborate with the department of corrections and the department of health
8888 services in establishing this grant program.
8989 SECTION 7. 165.95 (3) (a) of the statutes is amended to read:
9090 165.95 (3) (a) The county[s or tribe[s program is designed to meet the needs of
9191 a person who abuses alcohol or other drugs has a substance use disorder or mental
9292 illness and who may be or has been charged with or who has been convicted of a
9393 crime in that county related to the person[s use or abuse of alcohol or other drugs
9494 substance use disorder or mental illness.
9595 SECTION 8. 165.95 (3) (d) of the statutes is amended to read:
9696 165.95 (3) (d) Services provided under the program are consistent with
9797 evidence-based practices in substance abuse use disorder and mental health
9898 treatment, as determined by the department of health services, and the program
9999 provides intensive case management.
100100 SECTION 9. 165.95 (3) (e) of the statutes is amended to read:
101101 165.95 (3) (e) The program uses graduated sanctions and incentives to
102102 promote successful substance abuse use disorder and mental health treatment.
103103 SECTION 10. 165.95 (3) (g) of the statutes is amended to read:
104104 165.95 (3) (g) The program is designed to integrate all mental health services
105105 provided to program participants by state and local government agencies and other
106106 organizations. The program shall require regular communication among a
107107 participant[s substance abuse treatment providers, other service providers, the
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135135 case manager, and any person designated under the program to monitor the
136136 person[s compliance with his or her obligations under the program and any
137137 probation, extended supervision, and parole agent assigned to the participant.
138138 SECTION 11. 165.95 (3) (h) of the statutes is amended to read:
139139 165.95 (3) (h) The program provides substance abuse use disorder and mental
140140 health treatment services through providers that are certified by the department of
141141 health services.
142142 SECTION 12. 165.95 (3) (j) of the statutes is amended to read:
143143 165.95 (3) (j) The program is developed with input from, and implemented in
144144 collaboration with, one or more circuit court judges, the district attorney, the state
145145 public defender, local and, if applicable, tribal law enforcement officials, county
146146 agencies and, if applicable, tribal agencies responsible for providing social services,
147147 including services relating to alcohol and other drug addiction, child welfare,
148148 mental health, and the Wisconsin Works program, the departments of corrections,
149149 children and families, and health services, private social services agencies, and
150150 substance abuse use disorder and mental health treatment providers.
151151 SECTION 13. 165.95 (5) (a) of the statutes is amended to read:
152152 165.95 (5) (a) A county or tribe that receives a grant under this section shall
153153 create an oversight committee to advise the county or tribe in administering and
154154 evaluating its program. Each committee shall consist of a circuit court judge, the
155155 district attorney or his or her designee, the state public defender or his or her
156156 designee, a local law enforcement official, a representative of the county, a
157157 representative of the tribe, if applicable, a representative of each other county
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184184 SECTION 13
185185 agency and, if applicable, tribal agency responsible for providing social services,
186186 including services relating to child welfare, mental health, and the Wisconsin
187187 Works program, representatives of the department of corrections and department
188188 of health services, a representative from private social services agencies, a
189189 representative of substance abuse use disorder and mental health treatment
190190 providers, and other members to be determined by the county or tribe.
191191 SECTION 14. 302.43 of the statutes is amended to read:
192192 302.43 Good time. Every inmate of a county jail is eligible to earn good time
193193 in the amount of one-fourth of his or her term for good behavior if sentenced to at
194194 least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
195195 for time served prior to sentencing under s. 973.155, including good time under s.
196196 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
197197 or refuses to perform any duty lawfully required of him or her, may be deprived by
198198 the sheriff of good time under this section, except that the sheriff shall not deprive
199199 the inmate of more than 2 days good time for any one offense without the approval
200200 of the court. An inmate who files an action or special proceeding, including a
201201 petition for a common law writ of certiorari, to which s. 807.15 applies shall be
202202 deprived of the number of days of good time specified in the court order prepared
203203 under s. 807.15 (3). This section does not apply to a person who is confined in the
204204 county jail in connection with his or her participation in a substance abuse
205205 treatment program that meets the requirements of s. 165.95 (3), as determined by
206206 the department of justice under s. 165.95 (9) and (10).
207207 SECTION 15. 961.472 (5) (b) of the statutes is amended to read:
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234234 SECTION 15
235235 961.472 (5) (b) The person is participating in a substance abuse use disorder
236236 treatment program that meets the requirements of s. 165.95 (3), as determined by
237237 the department of justice under s. 165.95 (9) and (10).
238238 SECTION 16. 967.11 (1) of the statutes is amended to read:
239239 967.11 (1) In this section, Xapproved substance abuse treatment programY
240240 means a substance abuse treatment program that meets the requirements of s.
241241 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
242242 SECTION 17. 967.11 (2) of the statutes is amended to read:
243243 967.11 (2) If a county establishes an approved substance abuse treatment
244244 program and the approved program authorizes the use of surveillance and
245245 monitoring technology or day reporting programs, a court or a district attorney may
246246 require a person participating in an the approved substance abuse treatment
247247 program to submit to surveillance and monitoring technology or a day reporting
248248 program as a condition of participation.
249249 SECTION 18. 973.155 (1m) of the statutes is amended to read:
250250 973.155 (1m) A convicted offender shall be given credit toward the service of
251251 his or her sentence for all days spent in custody as part of a substance abuse
252252 treatment program that meets the requirements of s. 165.95 (3), as determined by
253253 the department of justice under s. 165.95 (9) and (10), for any offense arising out of
254254 the course of conduct that led to the person[s placement in that program.
255255 (END)
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