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AB847: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5155/1
CMH:klm
2025 ASSEMBLY BILL 847
January 16, 2026 - Introduced by Representatives
Spaude
,
Bare
,
Cruz
,
DeSanto
,
DeSmidt
,
Emerson
,
Goodwin
,
Hysell
,
Joers
,
Johnson
,
Miresse
,
Moore Omokunde
,
Neubauer
,
Ortiz-Velez
,
Rivera-Wagner
,
Sheehan
,
Sinicki
,
Stroud
,
Subeck
and
Udell
, cosponsored by Senators
Spreitzer
,
Wall
,
Carpenter
,
Dassler-Alfheim
,
L. Johnson
,
Larson
,
Pfaff
,
Ratcliff
and
Keyeski
. Referred to Committee on Criminal Justice and Public Safety.
AB847,1,4
1
An Act
to amend
165.95 (5) (b), 302.43, 961.472 (5) (b), 967.11 (1), 967.11 (2)
2
and 973.155 (1m);
to create
20.455 (2) (er) and 165.958 of the statutes;
3
relating to:
grants for alternatives to prosecution and incarceration
4
programs for persons with mental illness and making an appropriation.
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.
This bill creates a similar grant program under which DOJ, in collaboration with DOC and DHS, awards grants to counties and tribes to establish or expand programs that provide alternatives to prosecution and incarceration for criminal offenders who are low to medium risk and who have a mental illness that is a contributing factor to their interaction with the criminal justice system. Under the bill, the grant program is established as a pilot program so that no grants may be awarded after five years. At the close of the pilot program, DOJ must prepare a summary outcome report and include an opinion as to whether to continue, modify, or expand the 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:
AB847,1
1
Section
1
.
20.005 (3) (schedule) of the statutes: at the appropriate place,
2
insert the following amounts for the purposes indicated:
-
See PDF for table
AB847,2
8
Section
2
.
20.455 (2) (er) of the statutes is created to read:
AB847,2,11
9
20.455
(2)
(er)
Alternatives to incarceration; mental health treatment; grants.
10
The amounts in the schedule for awarding grants to counties and tribes under s.
11
165.958.
AB847,3
12
Section
3
.
165.95 (5) (b) of the statutes is amended to read:
AB847,2,17
13
165.95
(5)
(b) A county or tribe that receives a grant under this section shall
14
comply with state audits and shall submit an annual report to the department of
15
justice and to the oversight committee created under par. (a) regarding
the impact
16
of the program on jail and prison populations and
its progress in attaining the goals
17
specified in sub. (3) (b) and (f).
AB847,4
18
Section
4
.
165.958 of the statutes is created to read:
AB847,2,20
19
165.958
Alternatives to incarceration; mental health treatment.
(1)
20
In this section:
AB847,3,1
1
(a) “Department” means the department of justice.
AB847,3,2
2
(b) “Mental illness” has the meaning given in s. 51.01 (13) (a).
AB847,3,3
3
(c) “Tribe” has the meaning given in s. 165.91 (1).
AB847,3,11
4
(2)
The department shall award grants to counties and to tribes to enable
5
them to establish and operate or expand programs, including suspended and
6
deferred prosecution programs and programs based on principles of restorative
7
justice, that provide alternatives to prosecution and incarceration for criminal
8
offenders who are low to medium risk and who have a mental illness that is a
9
contributing factor to their interaction with the criminal justice system. The
10
department shall collaborate with the department of corrections and the
11
department of health services in establishing this grant program.
AB847,3,13
12
(3)
A county or tribe shall be eligible for a grant under sub. (2) if all of the
13
following apply:
AB847,3,16
14
(a) The department, working with the criminal justice coordinating council,
15
counties, and tribes, identifies the county or tribe as well-positioned to achieve
16
impact quickly and effectively if awarded a grant.
AB847,3,20
17
(b) The county or tribe has a program that is designed to meet the needs of a
18
person who has a mental illness and who may be or has been charged with, or who
19
has been convicted of, a crime and the person has a mental illness that is a
20
contributing factor, and the program does all of the following:
AB847,3,23
21
1. Addresses low-to-medium risk persons with mental illness before the
22
person is charged or before the person is prosecuted by use of a deferred prosecution
23
program.
AB847,4,2
1
2. Focuses on restorative justice principles targeted at addressing mental
2
health needs.
AB847,4,6
3
(c) The program is designed to promote public safety, reduce prison and jail
4
populations, reduce prosecution and incarceration costs, reduce recidivism, and
5
improve the welfare of participants’ families by meeting the comprehensive needs of
6
participants.
AB847,4,9
7
(d) The program establishes eligibility criteria for a person’s participation.
8
The criteria shall specify that a violent offender, as defined in s. 165.95 (1) (bg), is
9
not eligible to participate in the program.
AB847,4,12
10
(e) Services provided under the program are consistent with evidence-based
11
practices in mental health treatment, as determined by the department of health
12
services.
AB847,4,18
13
(f) The program provides holistic treatment to its participants and provides
14
them services that may be needed, as determined under the program, to improve
15
their mental health, facilitate their gainful employment or enhanced education or
16
training, provide them stable housing, facilitate family reunification, ensure
17
payment of child support, and increase the payment of other court-ordered
18
obligations.
AB847,5,2
19
(g) The program is designed to integrate all mental health services provided
20
to program participants by state and local government agencies and other
21
organizations. The program shall require regular communication among a
22
participant’s service providers, the case manager, and any person designated under
23
the program to monitor the person’s compliance with his or her obligations under
1
the program and any probation, extended supervision, and parole agent assigned to
2
the participant.
AB847,5,4
3
(h) The program provides mental health treatment services through
4
providers that are certified by the department of health services.
AB847,5,8
5
(i) The program requires participants to pay a reasonable amount for their
6
treatment, based on their income and available assets, and pursues and uses all
7
possible resources available through insurance and federal, state, and local aid
8
programs, including cash, vouchers, and direct services.
AB847,5,15
9
(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
child welfare, mental health, and the Wisconsin Works program, the departments
14
of corrections, children and families, and health services, and private social
15
services agencies.
AB847,5,17
16
(k) The county or tribe complies with other eligibility requirements
17
established by the department to promote the objectives listed in pars. (b) and (c).
AB847,6,5
18
(4)
(a) A court or tribe who is awarded a grant under this section shall create
19
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
24
agency and, if applicable, tribal agency responsible for providing social services,
1
including services relating to child welfare, mental health, and the Wisconsin
2
Works program, representatives of the department of corrections and department
3
of health services, a representative from private social services agencies, a
4
representative of mental health providers, and other members to be determined by
5
the county or tribe.
AB847,6,9
6
(b) A county or tribe that receives a grant under this section shall comply with
7
state audits and shall submit an annual report to the department and to the
8
oversight committee created under par. (a) regarding its progress in attaining the
9
goals specified in sub. (3) (c) and (f).
AB847,6,13
10
(c) A county or tribe that receives a grant under this section shall submit data
11
requested by the department to the department each month. The department may
12
request any data regarding the project funded by the grant that are necessary to
13
evaluate the project and prepare the reports under sub. (5).
AB847,6,18
14
(5)
(a) The department shall, annually, analyze the data submitted under sub.
15
(4) (c) and prepare a progress report that evaluates the effectiveness of the grant
16
program. The department shall make the report available to the public and shall
17
submit the report to the chief clerk of each house of the legislature for distribution
18
to the legislature under s. 13.172 (2).
AB847,7,2
19
(b) With advisory input from the criminal justice coordinating council, the
20
department shall prepare an implementation report 3 years after the effective date
21
of this paragraph .... (LRB inserts date), and prepare a summary outcome report 5
22
years after the effective date of this paragraph .... (LRB inserts date). Both reports
23
shall analyze data received under this section and the annual reports under par. (a).
1
The department shall include in the summary outcome report an opinion as to
2
whether to continue, modify, or expand the program.
AB847,7,4
3
(6)
No grants may be awarded under this section after the June 30 beginning
4
5 years after the effective date of this subsection .... (LRB inserts date).
AB847,5
5
Section
5
.
302.43 of the statutes is amended to read:
AB847,7,20
6
302.43
Good time.
Every inmate of a county jail is eligible to earn good time
7
in the amount of one-fourth of his or her term for good behavior if sentenced to at
8
least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
9
for time served prior to sentencing under s. 973.155, including good time under s.
10
973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
11
or refuses to perform any duty lawfully required of him or her, may be deprived by
12
the sheriff of good time under this section, except that the sheriff shall not deprive
13
the inmate of more than 2 days good time for any one offense without the approval
14
of the court. An inmate who files an action or special proceeding, including a
15
petition for a common law writ of certiorari, to which s. 807.15 applies shall be
16
deprived of the number of days of good time specified in the court order prepared
17
under s. 807.15 (3). This section does not apply to a person who is confined in the
18
county jail in connection with his or her participation in a
substance abuse
19
treatment program that meets the requirements of s. 165.95 (3)
or 165.958
, as
20
determined by the department of justice
under s. 165.95 (9) and (10)
.
AB847,6
21
Section
6
.
961.472 (5) (b) of the statutes is amended to read:
AB847,7,24
22
961.472
(5)
(b) The person is participating in a
substance abuse
treatment
23
program that meets the requirements of s. 165.95 (3)
or 165.958
, as determined by
24
the department of justice
under s. 165.95 (9) and (10)
.
AB847,7
1
Section
7
.
967.11 (1) of the statutes is amended to read:
AB847,8,5
2
967.11
(1)
In this section, “approved
substance abuse treatment
program”
3
means a
substance abuse treatment
program that meets the requirements of s.
4
165.95 (3)
or 165.958
, as determined by the department of justice
under s. 165.95
5
(9) and (10)
.
AB847,8
6
Section
8
.
967.11 (2) of the statutes is amended to read:
AB847,8,12
7
967.11
(2)
If a county establishes an approved
substance abuse treatment
8
program and the
approved
program authorizes the use of surveillance and
9
monitoring technology or day reporting programs, a court or a district attorney may
10
require a person participating in
an
the
approved
substance abuse treatment
11
program to submit to surveillance and monitoring technology or a day reporting
12
program as a condition of participation.
AB847,9
13
Section
9
.
973.155 (1m) of the statutes is amended to read:
AB847,8,19
14
973.155
(1m)
A convicted offender shall be given credit toward the service of
15
his or her sentence for all days spent in custody as part of a
substance abuse
16
treatment
program that meets the requirements of s. 165.95 (3)
or 165.958
, as
17
determined by the department of justice
under s. 165.95 (9) and (10)
, for any offense
18
arising out of the course of conduct that led to the person’s placement in that
19
program.
AB847,10
20
Section
10
. Fiscal changes.
AB847,9,5
21
(
1
)
Positions for administering grant program.
In the schedule under s.
22
20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a),
23
the dollar amount for fiscal year 2025-26 is increased by $150,000 to increase the
1
authorized FTE positions for the department by 1.0 GPR position for a program
2
manager and by 1.0 GPR position for a research analyst. In the schedule under s.
3
20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a),
4
the dollar amount for fiscal year 2026-27 is increased by $300,000 to provide
5
funding for the positions authorized under this section.
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