Wisconsin Legislature: 434,132

434,123 Section 123. 980.09 of the statutes is repealed and recreated to read:

980.09 Petition for discharge. A committed person may petition the committing court for discharge at any time. The court shall deny the petition under this section without a hearing unless the petition alleges facts from which the court or jury may conclude the person's condition has changed since the date of his or her initial commitment order so that the person does not meet the criteria for commitment as a sexually violent person.

(2) The court shall review the petition within 30 days and may hold a hearing to determine if it contains facts from which the court or jury may conclude that the person does not meet the criteria for commitment as a sexually violent person. In determining under this subsection whether facts exist that might warrant such a conclusion, the court shall consider any current or past reports filed under s. 980.07, relevant facts in the petition and in the state's written response, arguments of counsel, and any supporting documentation provided by the person or the state. If the court determines that the petition does not contain facts from which a court or jury may conclude that the person does not meet the criteria for commitment, the court shall deny the petition. If the court determines that facts exist from which a court or jury could conclude the person does not meet criteria for commitment the court shall set the matter for hearing.

(3) The court shall hold a hearing within 90 days of the determination that the petition contains facts from which the court or jury may conclude that the person does not meet the criteria for commitment as a sexually violent person. The state has the burden of proving by clear and convincing evidence that the person meets the criteria for commitment as a sexually violent person.

(4) If the court or jury is satisfied that the state has not met its burden of proof under sub. (3), the petitioner shall be discharged from the custody of the department. If the court or jury is satisfied that the state has met its burden of proof under sub. (3), the court may proceed under s. 980.08 (4) to determine whether to modify the petitioner's existing commitment order by authorizing supervised release.

434,124 Section 124 . 980.095 of the statutes is created to read:

980.095 Procedures for discharge hearings. (1) Use of juries. (a) The district attorney or the department of justice, whichever filed the original petition, or the petitioner or his or her attorney may request that a hearing under s. 980.09 (3) be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days of the filing of the petition for discharge.

(b) Juries shall be selected and treated in the same manner as they are selected and treated in civil actions in circuit court. The number of jurors prescribed in par. (a), plus the number of peremptory challenges available to all of the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.

(2) Post verdict motions. Motions after verdict may be made without further notice upon receipt of the verdict.

(3) Appeals. Any party may appeal an order under this subsection as a final order under chs. 808 and 809.

434,125 Section 125. 980.10 of the statutes is repealed.

434,126 Section 126. 980.101 (2) (a) of the statutes is amended to read:

980.101 (2) (a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody or supervision of the department.

434,127 Section 127. 980.11 (2) (intro.) of the statutes is amended to read:

980.11 (2) (intro.) If the court places a person on supervised release under s. 980.08 (4) or discharges a person under s. 980.09 or 980.10 (4), the department shall do all of the following:

434,128 Section 128. 980.12 (1) of the statutes is amended to read:

980.12 (1) Except as provided in ss. 980.03 (4) 980.031 (3) and 980.08 (3) 980.07 (1), the department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all costs relating to the evaluation, treatment, and care of persons evaluated or committed under this chapter.

434,129 Section 129 . 980.14 (title) of the statutes is created to read:

980.14 (title) Immunity.

434,130 Section 130 . 980.14 (1) of the statutes is created to read:

980.14 (1) In this section, "agency" means the department of corrections, the department of health and family services, the department of justice, or a district attorney.

434,131 Section 131. Initial applicability.

(1) This act first applies to reviews regarding detention and probable cause hearings under section 980.04 of the statutes, as affected by this act, and trials under section 980.05 of the statutes, as affected by this act, that are based on a petition filed under s. 980.02 of the statutes, as affected by this act, on the effective date of this subsection.

(2) This act first applies to periodic reexaminations conducted under section 980.07 of the statutes, as affected by this act, begun on the effective date of this subsection and to court proceedings resulting from those reexaminations.

(3) This act first applies to proceedings to revoke supervised release under section 980.08 of the statutes, as affected by this act, that are commenced on the effective date of this subsection, except that the treatment of section 980.08 (7) of the statutes, with respect to where a person may be detained while a petition to revoke supervised release is pending, first applies to a person whose detention commences on the effective date of this subsection.

(4) This act first applies to discharge proceedings commenced on the effective date of this subsection.

434,132 Section 132. Effective date.

(1) This act takes effect on the first day of the 2nd month beginning after publication.