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:
SB392,1 1Section 1. 301.096 of the statutes is created to read:
SB392,2,3 2301.096 Improving community supervision outcomes; employment.
3(1) Definitions. In this section:
SB392,2,54 (a) “Baseline employment rate” means the average of the employment rates for
5the fiscal years 2019-20, 2020-21, and 2021-22.
SB392,3,3
1(b) “Documentation of wage-earning hours” means employment records, pay
2stubs, employment letters, contracts, or similarly reliable methods of employment
3verification, as determined by the department.
SB392,3,64 (c) “Eligible employment” means an occupation or combination of occupations
5for which an individual can provide documentation of wage-earning hours in the
6amount of at least 130 hours in a 30-day period.
SB392,3,97 (d) “Employment rate” means the proportion of individuals who held eligible
8employment for at least 9 months if at least part of the 9 months was in a given fiscal
9year.
SB392,3,1210 (e) “Evidence-based practices” means supervision policies, procedures,
11programs, and technology demonstrated by scientific research to reduce recidivism
12among individuals on probation, parole, or extended supervision.
SB392,3,1613 (f) “Marginal cost of incarceration” means the sum of all short-term variable
14costs associated with incarcerating an individual in a state facility. “ Marginal cost
15of incarceration” includes only correctional costs that marginally change in
16proportion to the inmate population of a facility.
SB392,3,1717 (g) “Region” means each jurisdiction that is covered by a regional office.
SB392,3,2018 (h) “Regional office” means an adult probation and parole office that supervises
19individuals who reside under the office's jurisdiction who are on probation, parole,
20or extended supervision.
SB392,3,23 21(2) Grants. The department shall award grants to regional offices for
22improving community supervision outcomes. The amount that each regional office
23receives is based on the calculations under sub. (7).
SB392,4,3
1(3) Allocation of grant moneys received. (a) A regional office may use up to
215 percent of the funds awarded under this section for administrative and
3data-collection purposes that are related to this section.
SB392,4,74 (b) A regional office shall use at least 85 percent of funds awarded under this
5section to improve supervision and rehabilitative services for individuals on
6probation, parole, or extended supervision in its region. The services may include
7any services, including any of the following:
SB392,4,98 1. Implementing and expanding evidence-based practices for risk and needs
9assessments for individualized programming.
SB392,4,1210 2. Implementing and expanding intermediate sanctions that include, but are
11not limited to, mandatory community service, home detention, day reporting,
12restorative justice programs, and work furlough programs.
SB392,4,1613 3. Expanding the availability of evidence-based practices for rehabilitation
14programs including, but not limited to, drug and alcohol treatment, mental health
15treatment, anger management, cognitive behavior programs, and vocational
16training and employment services.
SB392,4,1817 4. Hiring additional officers, contractors, or other personnel to implement
18evidence-based practices for rehabilitative and vocational programming.
SB392,4,2019 5. Purchasing and adopting new technologies or equipment that are relevant
20and enhancing to the task of supervision, rehabilitation, or vocational training.
SB392,4,2221 6. Evaluating the effectiveness of rehabilitation and supervision programs and
22ensuring program fidelity.
SB392,5,2 23(4) Oversight and reporting. (a) The department shall provide oversight of
24the grant moneys awarded to ensure that the disbursed funds are being used in

1accordance with the grant program under this section. The department shall
2maintain an accounting of all moneys awarded under this section.
SB392,5,83 (b) Beginning no later than the first day of the 19th month beginning after the
4effective date of this paragraph .... [LRB inserts date], and on each July 1 thereafter,
5the department shall work with regional offices to prepare and submit to the joint
6committee on finance a comprehensive, publicly available report on the
7implementation of the grant program under this section. The report shall include
8at the minimum all the following information:
SB392,5,109 1. The effectiveness of the grant payments based on the reports of
10outcome-based measures under sub. (5).
SB392,5,1311 2. Any recommendations regarding resource allocations or additional
12collaboration with other state, regional, or local entities or other regions for
13improvements to the grant program under this section.
SB392,5,16 14(5) Outcome-based measures. The department shall develop, track, and, in a
15publicly available report, publish the outcome-based measures for each fiscal year,
16including all of the following:
SB392,5,1817 (a) The employment rate and average length of employment for individuals on
18probation, parole, or extended supervision in each region and statewide.
SB392,5,2119 (b) The percentage of individuals on probation, parole, or extended supervision
20who are convicted of a new crime while on that supervised status for each region and
21statewide and whether the individuals who are convicted are employed or not.
SB392,5,2522 (c) The number and percentage of individuals on probation, parole, or extended
23supervision who successfully complete their period of supervised status for each
24region and statewide and whether the individuals who complete their period are
25employed or not.
SB392,6,3
1(d) The number and types of programs for individuals on probation, parole, or
2extended supervision that were created, modified, replaced, or eliminated in each
3region.
SB392,6,74 (e) An estimate of any savings to the state as a result of reduced correctional
5costs due to lower crime rates among individuals on probation, parole, or extended
6supervision, using the marginal cost of incarceration and the number of individuals
7convicted of a new crime while on supervised status.
SB392,6,10 8(6) Data collection requirements. (a) The department shall calculate for each
9region and statewide the baseline employment rates for individuals on probation, for
10individuals on parole, and for individuals on extended supervision.
SB392,6,1311 (b) On July 1 of each fiscal year, the department shall calculate for each region
12and statewide the employment rates for the preceding fiscal year for individuals on
13probation, for individuals on parole, and for individuals on extended supervision.
SB392,6,18 14(7) Distributing incentive grants for performance. The department shall
15calculate the amount that each regional office is eligible to receive in the current
16fiscal year as a grant under this section for increasing probation, parole, and
17extended supervision employment rates for its region in the immediate past fiscal
18year as follows:
SB392,6,2119 (a) Add the employment rates for individuals on probation, individuals on
20parole, and individuals on extended supervision for the region as determined under
21sub. (6) (b).
SB392,6,2422 (b) Subtract from the sum under par. (a) the sum of the baseline employment
23rates for the region for individuals on probation, individuals on parole, and
24individuals on extended supervision determined under sub. (6) (a).
SB392,7,5
1(c) 1. If the difference determined under par. (b) is positive, multiply the
2difference by the total number of individuals on probation, parole, and extended
3supervision in the region. Multiply that product by $2,500 to determine the amount
4that the regional office is eligible to receive under this section in the current fiscal
5year.
SB392,7,76 2. If the difference determined under par. (b) is negative, the regional office is
7not eligible for a grant under this section in the current fiscal year.
SB392,7,108 (d) If the moneys available for grants under this section in a fiscal year are
9insufficient to pay all amounts determined under par. (c) 1., the department shall
10establish a system to prorate the grants.
SB392,7,1511 (e) If the department determines that the data required under sub. (6) are not
12of sufficient quality or are not the correct type, the department shall use the best
13available data to estimate probation, parole, and extended supervision employment
14rates using a method that is as consistent with that described in sub. (6) as is
15reasonably possible.
SB392,7,1816 (f) Notwithstanding par. (c) 1., no regional office may be awarded a grant under
17this section if, in the previous fiscal year, its region had an increase in revocations
18based on the commission of new crimes.
SB392,7,1919 (End)
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