The department shall determine a person's city, village, or town of residence for the purposes of s. 980.08 (5)
by doing all of the following:
The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
The department shall apply the criteria for consideration of residence and physical presence under par. (a)
to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02
A person's county of residence shall be determined based on the facts that existed on the date of the underlying offense. A court does not have jurisdiction merely because the defendant was in a Wisconsin prison at the time the petition was filed. State v. Burgess, 2002 WI App 264, 258 Wis. 2d 548
, 654 N.W.2d 81
. Affirmed on other grounds. 2003 WI 71, 262 WI 2d 354, 665 N.W.2d 124
The circuit court had jurisdiction to conduct ch. 980 proceedings involving an enrolled tribal member who committed the underlying sexual offense on an Indian reservation. State v. Burgess, 2003 WI 71, 262 Wis. 2d 354
, 665 N.W.2d 124
Notice concerning supervised release or discharge. 980.11(1)(a)
"Act of sexual violence" means an act or attempted act that is a basis for an allegation made in a petition under s. 980.02 (2) (a)
"Member of the family" means spouse, domestic partner under ch. 770
, child, sibling, parent or legal guardian.
"Victim" means a person against whom an act of sexual violence has been committed.
If the court places a person on supervised release under s. 980.08 (4)
or discharges a person under s. 980.09 (4)
, the department shall do all of the following:
Make a reasonable attempt to notify whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3)
An adult member of the victim's family, if the victim died as a result of the act of sexual violence.
The victim's parent or legal guardian, if the victim is younger than 18 years old.
The notice under sub. (2)
shall inform the department of corrections and the person under sub. (2) (am)
of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under sub. (2) (am)
The department shall design and prepare cards for persons specified in sub. (2) (am)
to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am)
. These persons may send completed cards to the department of health services. All records or portions of records of the department of health services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1)
, except as needed to comply with a request by the department of corrections under s. 301.46 (3) (d)
Department duties; costs. 980.12(1)
Except as provided in ss. 980.031 (3)
and 980.07 (1)
, the department shall pay from the appropriations under s. 20.435 (2) (a)
for all costs relating to the evaluation, treatment, and care of persons evaluated or committed under this chapter.
By February 1, 2002, the department shall submit a report to the legislature under s. 13.172 (2)
concerning the extent to which pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen has been required as a condition of supervised release under s. 980.06
, 1997 stats., or s. 980.08
and the effectiveness of the treatment in the cases in which its use has been required.
This chapter applies to a sexually violent person regardless of whether the person engaged in acts of sexual violence before, on or after June 2, 1994.
History: 1993 a. 479
In this section, "agency" means the department of corrections, the department of health services, the department of justice, or a district attorney.
Any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of this chapter.