LRB-1195/1
PJH:sac:rs
2013 - 2014 LEGISLATURE
April 3, 2013 - Introduced by Joint Legislative Council. Referred to Committee
on Health and Human Services.
SB125,1,3 1An Act to create 16.964 (19) and 20.505 (6) (kw) of the statutes; relating to:
2disabled offender recidivism reduction pilot programs, and making an
3appropriation.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill draft was prepared for the
Joint Legislative Council's Special Committee on Review of Emergency Detention and
Admission of Minors Under Chapter 51.
The bill creates a pilot program to assist eligible offenders in county correctional
facilities. The pilot program will assist the offenders in obtaining certain benefits upon
their release from the facility to help reduce recidivism after release. Under the bill, an
"eligible offender" means an incarcerated person who was previously eligible for or who
may, upon release, become eligible for, social security disability insurance (SSDI),
supplemental security income (SSI), or medical assistance (MA), including any
applicable MA-related program. Under the bill, a "county correctional facility" means
a county jail, house of correction, or rehabilitation facility, whether operated by one
county or more than one county. Also, under the bill, a county correctional facility may
include a state-local shared correctional facility.

The bill directs the office of justice assistance (OJA) to seek funding for the pilot
program and, after at least $300,000 in funding has been obtained, to make grants to up
to four counties to administer the pilot program. The bill provides that grants made to
counties may not supplant existing local resources.
Under the bill, a county may be eligible for a grant award if the county's pilot
program will:
1. Identify eligible offenders in county correctional facilities who wish to apply for
the targeted benefit programs.
2. Provide individualized assistance to the offenders in applying for the targeted
benefit programs to allow the offender to receive the benefits immediately upon the date
of the offender's release.
3. Include coordination among the county, law enforcement, the department of
corrections (DOC), the department of health services (DHS), and the social security
administration to reduce application processing times and increase application success
rates.
4. Operate for at least 2 years and include performance outcome measurements
and data collection to allow for the evaluations that are required under the bill.
The bill also allows OJA to establish additional eligibility requirements, criteria,
and procedures that a county must meet in order to be eligible for the program. OJA must
collaborate with DOC and DHS in establishing eligibility criteria, selecting grantees,
determining amounts awarded, and administering the grant program generally. The bill
expressly provides that OJA is not required to promulgate administrative rules in
establishing criteria for the grant program.
Under the bill, a county that receives a grant for a pilot program must create an
oversight committee to advise the county in administering and evaluating the pilot
program, consisting of: (1) a representative of the county; (2) the county sheriff or his or
her designee; (3) a representative of the county human services department, social
services department, or community programs department; (4) one or more
representatives from private service organizations; (5) one or more consumers with
program eligibility experience; and (6) other members to be determined by the county.
Under the bill, a "consumer with program eligibility experience" means an individual who
previously obtained eligibility for SSDI or SSI, as applicable, and MA or an applicable
MA-related program, or a member of the family of an individual who previously obtained
eligibility for those programs. The bill provides that DOC and DHS may participate in
the activities of the oversight committee and must provide consultation services to the
oversight committee.
The bill allows 2 or more counties to administer a joint pilot program. The bill
provides that counties applying jointly must submit a written agreement specifying each
county department's role in the program, and if a joint pilot program is created, the
oversight committee must consist of representatives from each county.
The bill requires pilot program grants to be awarded on a calendar year basis, and
grantees must get notice of funding no later than September 1 of the year preceding the
year for which the grant will be made.
Under the bill, a county that receives a grant for a pilot program must comply with
state audits. In addition, the county, in collaboration with DOC, DHS, and the oversight
committee, must conduct a preliminary evaluation of the pilot program as of the
conclusion of the first year, and a comprehensive evaluation of the pilot program as of the
conclusion of the second year. Both evaluations must provide an assessment of the pilot
program's operations, including its success at achieving the goals of the program as

outlined in the bill. The preliminary evaluation must be submitted in writing to OJA and
each member of the oversight committee by the February 15 following the conclusion of
the first year. The comprehensive evaluation must be submitted in writing to the same
recipients by the February 28 following the conclusion of the second year.
Under the bill, by the March 15 following each year in which a pilot program is in
operation, OJA must, in collaboration with DOC and DHS, submit a report to the
legislature summarizing the results of all pilot program evaluations and including
recommendations regarding how the program should be structured in the future.
The bill specifies that most of its provisions would take effect the day after its
publication as an act; however, the requirement that OJA award grants to counties to
administer the pilot program would not take effect until after OJA receives at least
$300,000 in funding for the program.
SB125,1 1Section 1. 16.964 (19) of the statutes is created to read:
SB125,3,22 16.964 (19) (a) In this subsection:
SB125,3,43 1. "Consumer with program eligibility experience" means either of the
4following:
SB125,3,75 a. An individual who is or who has been eligible for social security disability
6insurance or supplemental security income, and who is or who has been eligible for
7medical assistance, including any applicable medical assistance-related program.
SB125,3,118 b. A member of the family of an individual who is or has been eligible for social
9security disability insurance or supplemental security income, and who is or has
10been eligible for medical assistance, including any applicable medical
11assistance-related program.
SB125,3,1512 2. "County correctional facility" means a county jail, a county house of
13correction, or a rehabilitation facility established under s. 59.53 (8), whether
14operated by one county or more than one county. A county correctional facility may
15include a state-local shared correctional facility under s. 302.45.
SB125,3,1716 3. "County department" means a county department under s. 46.215, 46.22,
1746.23, 51.42, or 51.437.
SB125,4,4
14. "Eligible offender" means an incarcerated person who has been eligible for
2or who may, upon release, become eligible for social security disability insurance,
3supplemental security income, or medical assistance, including any applicable
4medical assistance-related program.
SB125,4,85 (b) The office shall seek grant moneys from the state, a political subdivision of
6the state, the federal government, or any other source, public or private, for the
7administration of a pilot program to reduce recidivism of eligible offenders who are
8released from county correctional facilities, in accordance with this subsection.
SB125,4,179 (c) The office shall make grants to up to 4 counties to enable them to establish
10a pilot program in accordance with this subsection. The office shall make the grants
11from the appropriation under s. 20.505 (6) (kw). The office shall collaborate with the
12departments of corrections and health services in establishing this grant program,
13including in developing criteria and procedures for use in selecting grantees, in
14determining amounts awarded, and in administering the grant program.
15Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated
16as rules under ch. 227. The grant that a county receives under this subsection may
17not supplant existing local resources.
SB125,4,1918 (d) A county shall be eligible for a grant award under par. (c) if all of the
19following apply to the county's pilot program:
SB125,4,2320 1. The pilot program will identify eligible offenders within county correctional
21facilities in the pilot program's geographic area who wish to apply for social security
22disability insurance, supplemental security income, or medical assistance, including
23any applicable medical assistance-related programs.
SB125,5,324 2. The pilot program will provide individualized assistance to offenders
25identified under subd. 1. to ensure that timely application is made for the programs

1or benefits, prior to the offender's release, in order to allow the maximum number of
2offenders to participate in or receive the programs or benefits immediately upon the
3date of the offender's release from the county correctional facility.
SB125,5,84 3. The pilot program is adequately structured to include coordination among
5the county or counties involved in the program, law enforcement, the department of
6corrections, the department of health services, and the social security
7administration, to reduce application processing times and increase application
8success rates.
SB125,5,119 4. The pilot program is designed to operate for at least 2 years and includes
10performance outcome measurements and data collection to allow for the evaluations
11described in par. (e) 2.
SB125,5,1412 5. The county complies with other eligibility requirements, criteria, and
13procedures established by the office, in collaboration with the departments of
14corrections and health services, under par. (c).
SB125,5,2315 (e) 1. A county that receives a grant under this subsection shall create an
16oversight committee to advise the county in administering and evaluating its pilot
17program. Each committee shall consist of a representative of the county, the county
18sheriff or his or her designee, a representative of the county department, one or more
19representatives from private service organizations, one or more consumers with
20program eligibility experience, and other members to be determined by the county.
21The departments of corrections and health services may participate in the activities
22of and shall provide ongoing consultation services to an oversight committee created
23under this subdivision.
SB125,6,3
12. A county that receives a grant under this subsection shall comply with state
2audits and shall, in collaboration with the departments of corrections and health
3services and the oversight committee established under subd. 1.:
SB125,6,84 a. At the conclusion of the pilot program's first year, conduct a preliminary
5evaluation of the pilot program's operations, including its success at achieving the
6goals outlined in par. (d); and, by February 15 following the conclusion of the first
7year, provide the results of the preliminary evaluation in writing to the office and
8each member of the oversight committee established under subd. 1.
SB125,6,149 b. At the conclusion of the pilot program's second year, and any subsequent
10year, conduct a comprehensive evaluation of the pilot program's operations,
11including its success at achieving the goals outlined in par. (d); and, by February 28
12following the conclusion of that year, provide the results of the comprehensive
13evaluation in writing to the office and each member of the oversight committee
14established under subd. 1.
SB125,6,2115 3. By the March 15 following any year in which a pilot program under this
16subsection is in operation, the office, in collaboration with the departments of
17corrections and health services, shall submit a report to the chief clerk of each house
18of the legislature, for distribution to the appropriate standing committees under s.
1913.172 (3), regarding the status of the grant program. The report shall summarize
20the results of the evaluation under subd. 2. and include recommendations regarding
21how the program should be structured in the future.
SB125,7,222 (f) Two or more counties may jointly apply for and receive a grant under this
23subsection. If counties apply jointly, they shall provide to the office a written
24agreement specifying each county department's role in developing, administering,
25and evaluating the program. In the event of a joint pilot program, the oversight

1committee established under par. (e) 1. shall include representatives from each
2county.
SB125,7,63 (g) Grants provided under this subsection shall be provided on a calendar year
4basis. If the office decides to make a grant to a county under this subsection, the office
5shall notify the county of its decision and the amount of the grant no later than
6September 1 of the year preceding the year for which the grant will be made.
SB125,2 7Section 2. 20.505 (6) (kw) of the statutes is created to read:
SB125,7,118 20.505 (6) (kw) County disabled offender recidivism reduction grants. All
9moneys received under s. 16.964 (19) (b) to provide grants to one or more counties
10under s. 16.946 (19) (c) for a pilot program to reduce recidivism of eligible offenders
11who are released from county correctional facilities.
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