Credit: Natalie Eibert Milwaukee Journal Sentinel
A Wisconsin bill aims to expand the Treatment Alternatives and Diversion (TAD) program to include individuals with mental illness.
The TAD program has proven successful with substance abuse disorders, saving the state money and reducing recidivism.
Supporters say expanding TAD to mental health would provide much-needed treatment and reduce prison overcrowding.
Nearly half the people incarcerated in Wisconsin's prisons for non-violent crimes have a mental illness.
That's almost 3,500 people who could have benefited from the Treatment Alternatives and Diversion (TAD) program, which delivers treatment as an alternative to prosecution or incarceration.
Under state law, the Department of Justice funds diversion programs and treatment courts for people with drug and alcohol addictions who qualify. But for people with mental illness, there are no such alternatives.
Now, a bill would expand the TAD program. Sen. André Jacque, R-New Franken, and Rep. Paul Tittl, R-Manitowoc, co-authored the bill, which has bipartisan support. Disability Rights Wisconsin, the Wisconsin Chapter of the National Association of Social Workers, and Dream.org all told the Milwaukee Journal Sentinel the expansion is welcome and overdue.
Sean Wilson, a Milwaukee native, has seen the consequences of not having such alternatives. Wilson was incarcerated for 17 years in various Department of Corrections facilities, and encountered far too many people with mental illness. Getting vital vocational and re-entry programs can take years of waiting, a result of overcrowding and lack of resources.
Had those people with mental illness been diverted, Wilson said, it could have cleared the way for more training, more second chances, perhaps less recidivism.
Wilson, now the senior director of organizing and partnerships at Dream.org, a nonprofit focused in part on ending mass incarceration, said major changes are needed in how the state prioritizes criminal justice funding. That's especially true as the DOC exceeds capacity by about 5,000.
"So often in states across the country, there’s a heavy investment in incarceration and a stark divestment in treatment," he said.
Jacque told the Journal Sentinel the bill has come to state legislators before. It was passed by the state Senate in 2023, but the Assembly never took it up. Jacque reintroduced the bill this session because he's seen the effectiveness of the TAD program in Brown County.
Ellie Jarvie, lead advocacy specialist at Disability Rights Wisconsin, used to work in Brown County and has witnessed the kind of transformation that can occur. Participants are able to access support and have different interactions with the judges in their cases.
Maybe for the first time, they're interacting with the justice system in positive ways, Jarvie said. It's something she wants to see mirrored for those in a mental health crisis.
According to the state Department of Justice, 97% of graduates stayed out of state prisons.
Cost-savings are invaluable and significant
Wisconsin established its TAD program in 2005 with the goal of diverting individuals with substance use disorder away from the criminal justice system if they've committed low- or moderate-risk offenses. Twenty years later, grant funding from the Department of Justice has set up 61 treatment courts and 30 diversion programs across Wisconsin.
That funding provides treatment for substance use disorders, mental health services, cognitive behavioral health services, case management services, and other risk reduction services.
The vast majority of incarcerated people have experienced major traumas in their lives, said Marc Herstand, executive director of the Wisconsin Chapter of the National Association of Social Workers. Giving someone the opportunity to understand and cope with their trauma, Herstand said, has far greater advantages than keeping someone locked up, unable to access the care they need.
For Jarvie, the care that people need is not in prison. Some prisons don't have a needed prescription, or don't administer it consistently. Then there are other gaps in care that can make a huge difference. Jarvie recalled a letter she received from an incarcerated man with schizophrenia, begging for accommodations like dim lights and the ability to draw in peace.
"Prisons aren't set up for that, unfortunately," Jarvie said.
A 2025 TAD report from the Bureau of Justice Information and Analysis found that, for every $1 spent on the TAD program, the state saved between $5.15 to $5.92 for treatment court programs and $8.18 to $9.12 for diversion programs.
The cost-saving aspects of the bill are clear, said Jacque, but there are elements that can't be quantified, like the ability to find purpose, start a family or be present with the family you have, and contribute to the community. Many decide to pay it forward and return to the TAD program to become a mentor to others.
"Part of their graduation is giving back and replenishing the volunteer base to be able to be that force multiplier," Jacque said. "Expanding the system of care helps bring people along and out of the darkness."Natalie Eilbert covers mental health issues for the Milwaukee Journal Sentinel. She welcomes story tips and feedback. You can reach her at neilbert@gannett.com or view her X (Twitter) profile at @natalie_eilbert.
Jul 3, 2025
