SB 384

Under current law, counties may establish specialty or treatment courts that

offer treatment programs, alternatives to incarceration, and other types of

assistance for people accused of certain crimes or for certain people who are

identified as needing special assistance. Currently, a few Wisconsin counties have

established veterans courts with special programs and procedures that seek to assist

veterans and armed service members who face, or are convicted of, criminal charges.

Under this bill, if a person is convicted of a crime, enters a guilty or no contest

plea to a crime, is facing revocation of his or her probation or extended supervision

because he or she violated a condition of probation or extended supervision, or enters

into a deferred prosecution program and the person is a veteran or service member,

the person may qualify for a transfer to a veterans court. Under the bill, the court

where the person's criminal trial was held or his or her plea was entered (sentencing

court) may transfer the person's case to a county that has established a veterans

court. The veterans court may refuse to accept the person into its program, or may

return the veteran or service member to the sentencing court, if it determines that

the veteran or service member poses a danger to others participating in the veterans

court or is unlikely to succeed in a court-ordered program or treatment plan. In that

case, the sentence imposed by the sentencing court takes effect.

If the veterans court accepts the person into its program, the veterans court

may impose postconviction incentives, requirements, sanctions, and other

conditions upon the person. Under the bill, the county where the sentencing court

is located retains the responsibility to fund any community-based care, treatment,

or services for the veteran or service member and to pay the costs of jailing the

veteran or service member.