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Wisconsin Legislature: AB178: Bill Text
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AB178: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2311/1
MJW:wlj
2025 ASSEMBLY BILL 178
April 15, 2025 - Introduced by Representatives
Tittl
,
Behnke
,
Kreibich
,
Moore Omokunde
,
Mursau
,
Sortwell
,
Wichgers
,
Kaufert
and
Krug
, cosponsored by Senators
Jacque
and
Wirch
. Referred to Committee on Judiciary.
AB178,1,6
1
An Act
to amend
20.455 (2) (em) (title), 20.455 (2) (kn) (title), 20.455 (2) (kv)
2
(title), 165.95 (title), 165.95 (2), 165.95 (3) (a), 165.95 (3) (d), 165.95 (3) (e),
3
165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (5) (a), 302.43, 961.472 (5)
4
(b), 967.11 (1), 967.11 (2) and 973.155 (1m);
to create
165.95 (1) (ae) of the
5
statutes;
relating to:
expanding the treatment alternatives and diversion
6
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:
AB178,1
1
Section
1
.
20.455 (2) (em) (title) of the statutes is amended to read:
AB178,2,3
2
20.455
(2)
(em) (title)
Alternatives to prosecution and incarceration
for persons
3
who use alcohol or other drugs
; presentencing assessments.
AB178,2
4
Section
2
.
20.455 (2) (kn) (title) of the statutes is amended to read:
AB178,2,6
5
20.455
(2)
(kn) (title)
Alternatives to prosecution and incarceration
for persons
6
who use alcohol or other drugs
; justice information fee.
AB178,3
7
Section
3
.
20.455 (2) (kv) (title) of the statutes is amended to read:
AB178,2,9
8
20.455
(2)
(kv) (title)
Grants for substance
abuse
use disorder or mental illness
9
treatment programs for criminal offenders.
AB178,4
10
Section
4
.
165.95 (title) of the statutes is amended to read:
AB178,2,12
11
165.95
(title)
Alternatives to
prosecution and
incarceration; grant
12
program.
AB178,5
13
Section
5
.
165.95 (1) (ae) of the statutes is created to read:
AB178,2,14
14
165.95
(1)
(ae) “Mental illness” has the meaning given in s. 51.01 (13) (a).
AB178,6
15
Section
6
.
165.95 (2) of the statutes is amended to read:
AB178,3,4
16
165.95
(2)
The department of justice shall make grants to counties and to
17
tribes to enable them to establish and operate programs, including suspended and
18
deferred prosecution programs and programs based on principles of restorative
19
justice, that provide alternatives to prosecution and incarceration for criminal
20
offenders who
abuse alcohol or other drugs
have a substance use disorder or mental
1
illness
. The department of justice shall make the grants from the appropriations
2
under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall
3
collaborate with the department of corrections and the department of health
4
services in establishing this grant program.
AB178,7
5
Section
7
.
165.95 (3) (a) of the statutes is amended to read:
AB178,3,10
6
165.95
(3)
(a) The county’s or tribe’s program is designed to meet the needs of
7
a person who
abuses alcohol or other drugs
has a substance use disorder or mental
8
illness
and who may be or has been charged with or who has been convicted of a
9
crime in that county related to the person’s
use or abuse of alcohol or other drugs
10
substance use disorder or mental illness
.
AB178,8
11
Section
8
.
165.95 (3) (d) of the statutes is amended to read:
AB178,3,15
12
165.95
(3)
(d) Services provided under the program are consistent with
13
evidence-based practices in substance
abuse
use disorder
and mental health
14
treatment, as determined by the department of health services, and the program
15
provides intensive case management.
AB178,9
16
Section
9
.
165.95 (3) (e) of the statutes is amended to read:
AB178,3,18
17
165.95
(3)
(e) The program uses graduated sanctions and incentives to
18
promote successful substance
abuse
use disorder and mental health
treatment.
AB178,10
19
Section
10
.
165.95 (3) (g) of the statutes is amended to read:
AB178,4,3
20
165.95
(3)
(g) The program is designed to integrate all mental health services
21
provided to program participants by state and local government agencies and other
22
organizations. The program shall require regular communication among a
23
participant’s
substance abuse
treatment providers, other service providers, the
1
case manager, and any person designated under the program to monitor the
2
person’s compliance with his or her obligations under the program and any
3
probation, extended supervision, and parole agent assigned to the participant.
AB178,11
4
Section
11
.
165.95 (3) (h) of the statutes is amended to read:
AB178,4,7
5
165.95
(3)
(h) The program provides substance
abuse
use disorder
and mental
6
health treatment services through providers that are certified by the department of
7
health services.
AB178,12
8
Section
12
.
165.95 (3) (j) of the statutes is amended to read:
AB178,4,16
9
165.95
(3)
(j) The program is developed with input from, and implemented in
10
collaboration with, one or more circuit court judges, the district attorney, the state
11
public defender, local and, if applicable, tribal law enforcement officials, county
12
agencies and, if applicable, tribal agencies responsible for providing social services,
13
including services relating to alcohol and other drug addiction, child welfare,
14
mental health, and the Wisconsin Works program, the departments of corrections,
15
children and families, and health services, private social services agencies, and
16
substance
abuse
use disorder and mental health
treatment providers.
AB178,13
17
Section
13
.
165.95 (5) (a) of the statutes is amended to read:
AB178,5,6
18
165.95
(5)
(a) A county or tribe that receives a grant under this section shall
19
create an oversight committee to advise the county or tribe in administering and
20
evaluating its program. Each committee shall consist of a circuit court judge, the
21
district attorney or his or her designee, the state public defender or his or her
22
designee, a local law enforcement official, a representative of the county, a
23
representative of the tribe, if applicable, a representative of each other county
1
agency and, if applicable, tribal agency responsible for providing social services,
2
including services relating to child welfare, mental health, and the Wisconsin
3
Works program, representatives of the department of corrections and department
4
of health services, a representative from private social services agencies, a
5
representative of substance
abuse
use disorder and mental health
treatment
6
providers, and other members to be determined by the county or tribe.
AB178,14
7
Section
14
.
302.43 of the statutes is amended to read:
AB178,5,22
8
302.43
Good time.
Every inmate of a county jail is eligible to earn good time
9
in the amount of one-fourth of his or her term for good behavior if sentenced to at
10
least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
11
for time served prior to sentencing under s. 973.155, including good time under s.
12
973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
13
or refuses to perform any duty lawfully required of him or her, may be deprived by
14
the sheriff of good time under this section, except that the sheriff shall not deprive
15
the inmate of more than 2 days good time for any one offense without the approval
16
of the court. An inmate who files an action or special proceeding, including a
17
petition for a common law writ of certiorari, to which s. 807.15 applies shall be
18
deprived of the number of days of good time specified in the court order prepared
19
under s. 807.15 (3). This section does not apply to a person who is confined in the
20
county jail in connection with his or her participation in a
substance abuse
21
treatment
program that meets the requirements of s. 165.95 (3), as determined by
22
the department of justice under s. 165.95 (9) and (10).
AB178,15
23
Section
15
.
961.472 (5) (b) of the statutes is amended to read:
AB178,6,3
1
961.472
(5)
(b) The person is participating in a substance
abuse
use disorder
2
treatment program that meets the requirements of s. 165.95 (3), as determined by
3
the department of justice under s. 165.95 (9) and (10).
AB178,16
4
Section
16
.
967.11 (1) of the statutes is amended to read:
AB178,6,7
5
967.11
(1)
In this section, “approved
substance abuse treatment
program”
6
means a
substance abuse treatment
program that meets the requirements of s.
7
165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
AB178,17
8
Section
17
.
967.11 (2) of the statutes is amended to read:
AB178,6,14
9
967.11
(2)
If a county establishes an approved
substance abuse treatment
10
program and the
approved
program authorizes the use of surveillance and
11
monitoring technology or day reporting programs, a court or a district attorney may
12
require a person participating in
an
the
approved
substance abuse treatment
13
program to submit to surveillance and monitoring technology or a day reporting
14
program as a condition of participation.
AB178,18
15
Section
18
.
973.155 (1m) of the statutes is amended to read:
AB178,6,20
16
973.155
(1m)
A convicted offender shall be given credit toward the service of
17
his or her sentence for all days spent in custody as part of a
substance abuse
18
treatment
program that meets the requirements of s. 165.95 (3), as determined by
19
the department of justice under s. 165.95 (9) and (10), for any offense arising out of
20
the course of conduct that led to the person’s placement in that program.
AB178,6,21
21
(end)
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