2017 - 2018 LEGISLATURE
May 8, 2017 - Introduced by Representatives Shankland, Berceau, R. Brooks,
Mursau, Ohnstad, Sinicki, VanderMeer and Wachs. Referred to Committee
on Mental Health.
AB312,1,3 1An Act to amend 980.08 (4) (e), 980.08 (4) (em) and 980.08 (4) (f) (intro.) of the
2statutes; relating to: plans for placement of a sexually violent person on
3supervised release.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been found to be a sexually violent person
may be involuntarily committed to the Department of Health Services for control,
care, and treatment. If a person is committed and placed in institutional care, the
person may periodically petition the court for supervised release. If a court
determines that supervised release is appropriate, DHS must prepare for the court
a supervised release plan for the person. Before preparing the plan, current law
requires DHS to consult with a local law enforcement agency with jurisdiction over
the prospective residential option. This bill requires DHS to also notify and, upon
their request, consult with the district attorney and pertinent local governmental
units in the county of intended placement. In addition, under the bill, if a proposed
residence was previously proposed but rejected for placement of a person on
supervised release, DHS must include in the plan an explanation for why the
residence was rejected.
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:
1Section 1. 980.08 (4) (e) of the statutes is amended to read:
AB312,2,122 980.08 (4) (e) The court shall order the county department under s. 51.42 in the
3county of intended placement to prepare a report, either independently or with the
4department of health services, identifying prospective residential options for
5community placement. In identifying prospective residential options, the county
6department shall consider the proximity of any potential placement to the residence
7of other persons on supervised release and to the residence of persons who are in the
8custody of the department of corrections and regarding whom a sex offender
9notification bulletin has been issued to law enforcement agencies under s. 301.46
10(2m) (a) or (am). The county department shall also consider the proximity of any
11potential placement to businesses.
The county department shall submit its report
12to the department within 60 days following the court order.
AB312,2 13Section 2. 980.08 (4) (em) of the statutes is amended to read:
AB312,3,214 980.08 (4) (em) As soon as practicable following the identification of any
15prospective residential option under par. (e), the department shall notify the district
16attorney, any law enforcement agency having jurisdiction over a prospective
17residential option, and all local governmental units containing a prospective
18residential option.
The department shall consult with a local law enforcement
19agency having jurisdiction over any prospective residential option identified under
20par. (e) and shall, upon request of the district attorney or a local governmental unit,
21consult with the district attorney and the local governmental unit containing a
22prospective residential option. The department
shall request the law enforcement
23agency to submit a written report that provides information relating to the
24prospective residential option. If the department is consulting with a district
25attorney or local governmental unit under this paragraph, the district attorney or

1local governmental unit may submit a written report that provides information
2relating to the prospective residential option.
AB312,3 3Section 3. 980.08 (4) (f) (intro.) of the statutes is amended to read:
AB312,3,194 980.08 (4) (f) (intro.) The court shall direct the department to use any
5submissions under par. (d), the report submitted under par. (e), any information
6provided or
report submitted under par. (em), and other residential options
7identified by the department to prepare a supervised release plan for the person. The
8department shall search its victim database, and consult with the office of victim
9services in the department of corrections, the department of justice, and the county
10coordinator of victims and witnesses services in the county of intended placement,
11the county where the person was convicted, and the county of commitment to
12determine the identity and location of known and registered victims of the person's
13acts. The department shall prepare a supervised release plan that identifies the
14proposed residence. If the proposed residence had been previously proposed for
15placement of a person on supervised release but no placement was made, the
16department shall provide an explanation for why the placement was not made.
17supervised release plan shall be submitted to the court within 90 days of the finding
18under par. (cg). The court may grant extensions of this time period for good cause.
19The plan shall do all of the following:
AB312,4 20Section 4. Initial applicability.
AB312,3,2221 (1) This act first applies to findings under section 980.08 (4) (cg) of the statutes
22made on the effective date of this subsection.
AB312,3,2323 (End)