Amendment ASA2-AB861

AB861-ASA2,12,11 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB861-ASA2, s. 30 Section 30. 809.30 (1) (f) of the statutes, as affected by Supreme Court 02-01, is repealed and recreated to read:

AB861-ASA2,12,16 809.30 (1) (f) "Sentencing" means the imposition of a sentence, a fine, or probation in a criminal case. In a ch. 980 case, the term means the entry of an order under s. 980.06.

AB861-ASA2, s. 31 Section 31. 814.61 (1) (c) 6. of the statutes is created to read:

AB861-ASA2,12,18 814.61 (1) (c) 6. An action for civil commitment under ch. 51, 55, or 980.

AB861-ASA2, s. 32 Section 32. 905.04 (4) (a) of the statutes is amended to read:

AB861-ASA2,13,6 905.04 (4) (a) Proceedings for hospitalization, control, care, and treatment of a sexually violent person, guardianship, protective services , or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care, and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement, or for review of guardianship, protective services, or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care, and treatment as a sexually violent person, guardianship, protective services, or protective placement.

AB861-ASA2, s. 33 Section 33. 911.01 (4) (c) of the statutes is amended to read:

AB861-ASA2,13,14 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195 (1r), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.093 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

AB861-ASA2, s. 34 Section 34. 938.35 (1) (e) of the statutes is created to read:

AB861-ASA2,13,17 938.35 (1) (e) In a hearing, trial, or other proceeding under ch. 980 relating to a person.

AB861-ASA2, s. 35 Section 35. 938.396 (1) of the statutes is amended to read:

AB861-ASA2,14,11 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies, or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB861-ASA2, s. 36 Section 36. 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and amended to read:

AB861-ASA2,15,5 938.396 (10) Upon request of the department of corrections to review court A law enforcement agency's records and records for the purpose of providing, under s. 980.015 (3) (a), of the court assigned to exercise jurisdiction under this chapter and ch. 48 shall be open for inspection by authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6) for use in the evaluation or prosecution of any proceeding under ch. 980, if the records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this subsection for any purpose consistent with any proceeding under ch. 980.

AB861-ASA2, s. 37 Section 37. 938.396 (5) (a) (intro.) of the statutes is amended to read:

AB861-ASA2,15,10 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB861-ASA2, s. 38 Section 38. 938.78 (2) (e) of the statutes is amended to read:

AB861-ASA2,16,2 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing Notwithstanding par. (a), an agency shall, upon request, disclose information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition for use in the evaluation or prosecution of any proceeding under ch. 980, if the information involves or relates to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. The court in which the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

AB861-ASA2, s. 39 Section 39. 946.42 (1) (a) of the statutes is amended to read:

AB861-ASA2,16,22 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail, or actual custody of a peace officer or institution guard. "Custody" also includes without limitation the constructive custody of persons placed on supervised release under a commitment order issued under ch. 980 and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB861-ASA2, s. 40 Section 40. 946.42 (3m) of the statutes is created to read:

AB861-ASA2,16,25 946.42 (3m) A person who intentionally escapes from custody under any of the following circumstances is guilty of a Class F felony:

AB861-ASA2,17,2 (a) While subject to a detention order under s. 980.04 (1) or a custody order under s. 980.04 (3).

AB861-ASA2,17,5 (b) While subject to an order issued under s. 980.06 committing the person to custody of the department of health and family services, regardless of whether the person is placed in institutional care or on supervised release.

AB861-ASA2, s. 41 Section 41. 950.04 (1v) (xm) of the statutes is amended to read:

AB861-ASA2,17,9 950.04 (1v) (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.08 and discharge under s. 980.09 or 980.10 980.093.

AB861-ASA2, s. 42 Section 42. 967.03 of the statutes is amended to read:

AB861-ASA2,17,13 967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties are imposed upon district attorneys, the same powers and duties may be discharged by any of their duly qualified deputies or assistants.

AB861-ASA2, s. 43 Section 43. 972.15 (4) of the statutes is amended to read:

AB861-ASA2,17,18 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

AB861-ASA2, s. 44 Section 44. 972.15 (6) of the statutes is created to read:

AB861-ASA2,17,23 972.15 (6) The presentence investigation report and any information contained in it or upon which it is based may be used by any of the following persons in any evaluation, examination, referral, hearing, trial, postcommitment relief proceeding, appeal, or other proceeding under ch. 980:

AB861-ASA2,17,24 (a) The department of corrections.

AB861-ASA2,17,25 (b) The department of health and family services.

AB861-ASA2,18,2 (c) The person who is the subject of the presentence investigation report, his or her attorney, or an agent or employee of the attorney.

AB861-ASA2,18,3 (d) The attorney representing the state or an agent or employee of the attorney.

AB861-ASA2,18,5 (e) A licensed physician, licensed psychologist, or other mental health professional who is examining the subject of the presentence investigation report.

AB861-ASA2,18,6 (f) The court and, if applicable, the jury hearing the case.

AB861-ASA2, s. 45 Section 45. 973.155 (1) (c) of the statutes is created to read:

AB861-ASA2,18,11 973.155 (1) (c) The categories in par. (a) include time during which the convicted offender was in the custody of the department of health and family services under ch. 980 only if the offender was confined during that time and the confinement and the offender's conviction resulted from the same course of conduct.

AB861-ASA2, s. 46 Section 46. 978.03 (3) of the statutes is amended to read:

AB861-ASA2,18,18 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. 978.043 (1) and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

AB861-ASA2, s. 47 Section 47. 978.043 of the statutes is renumbered 978.043 (1) and amended to read.

AB861-ASA2,19,5 978.043 (1) The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section subsection to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.

AB861-ASA2, s. 48 Section 48. 978.043 (2) of the statutes is created to read:

AB861-ASA2,19,14 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than his or her own, the prosecutorial unit in which the case is heard shall reimburse the assistant district attorney's own prosecutorial unit for his or her reasonable costs associated with the prosecution, including transportation, lodging, and meals. Unless otherwise agreed upon by the prosecutorial units involved, the court hearing the case shall determine the amount of money to be reimbursed for expert witness fees under this subsection.

AB861-ASA2, s. 49 Section 49. 978.045 (1r) (intro.) of the statutes is amended to read:

AB861-ASA2,19,24 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause therefor for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury or John Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

AB861-ASA2, s. 50 Section 50. 978.05 (6) (a) of the statutes is amended to read:

AB861-ASA2,20,13 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB861-ASA2, s. 51 Section 51. 978.05 (8) (b) of the statutes is amended to read:

AB861-ASA2,20,24 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. 978.043 (1) and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

AB861-ASA2, s. 52 Section 52. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).

AB861-ASA2, s. 53 Section 53. 978.13 (2) (a) of the statutes is created to read:

AB861-ASA2,21,5 978.13 (2) (a) In this subsection, "costs related to the operation of the district attorney's office" include costs that a prosecutorial unit must pay under s. 978.043 (2) but do not include costs for which a prosecutorial unit receives reimbursement under s. 978.043 (2).

AB861-ASA2, s. 54 Section 54. 980.01 (1) of the statutes is renumbered 980.01 (1m).

AB861-ASA2, s. 55 Section 55. 980.01 (1g) of the statutes is created to read:

AB861-ASA2,21,9 980.01 (1g) "Act of sexual violence" means conduct that constitutes the commission of a sexually violent offense.

AB861-ASA2, s. 56 Section 56. 980.01 (1m) of the statutes is created to read:

AB861-ASA2,21,11 980.01 (1m) "Likely" means more likely than not.

AB861-ASA2, s. 57 Section 57. 980.01 (5) of the statutes is amended to read:

AB861-ASA2,21,15 980.01 (5) "Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification or for the sexual humiliation or degradation of the victim.

AB861-ASA2, s. 58 Section 58. 980.01 (6) (a) of the statutes is amended to read:

AB861-ASA2,21,18 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

AB861-ASA2, s. 59 Section 59. 980.01 (6) (am) of the statutes is created to read:

AB861-ASA2,21,21 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).

AB861-ASA2, s. 60 Section 60. 980.01 (6) (b) of the statutes is amended to read:

AB861-ASA2,22,2 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

AB861-ASA2, s. 61 Section 61. 980.01 (6) (bm) of the statutes is created to read:

AB861-ASA2,22,6 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b) and that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

AB861-ASA2, s. 62 Section 62. 980.01 (6) (c) of the statutes is amended to read:

AB861-ASA2,22,9 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under par. (a) or, (am), (b), or (bm).

AB861-ASA2, s. 63 Section 63. 980.01 (7) of the statutes is amended to read:

AB861-ASA2,22,17 980.01 (7) "Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it substantially probable likely that the person will engage in one or more acts of sexual violence.

AB861-ASA2, s. 64 Section 64. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and amended to read:

AB861-ASA2,22,20 980.015 (1) (intro.) In this section, "agency:

AB861-ASA2,22,22 (a) "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.

AB861-ASA2, s. 65 Section 65. 980.015 (1) (b) of the statutes is created to read:

AB861-ASA2,23,5 980.015 (1) (b) "Continuous term of incarceration, any part of which was imposed for a sexually violent offense," includes confinement in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB861-ASA2, s. 66 Section 66. 980.015 (2) (intro.) of the statutes is amended to read:

AB861-ASA2,23,11 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months 90 days prior to the applicable date of the following:

AB861-ASA2, s. 67 Section 67. 980.015 (2) (a) of the statutes is amended to read:

AB861-ASA2,23,19 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or release, on parole or, extended supervision, or anticipated release otherwise, from a sentence of imprisonment of a person who has been convicted of or term of confinement in prison that was imposed for a conviction for a sexually violent offense, from a continuous term of incarceration, any part of which was imposed for a sexually violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any part of which was imposed for a sexually violent offense.

AB861-ASA2, s. 68 Section 68. 980.015 (2) (b) of the statutes is amended to read:

AB861-ASA2,23,25 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB861-ASA2, s. 69 Section 69. 980.015 (2) (c) of the statutes is amended to read:

AB861-ASA2,24,5 980.015 (2) (c) The anticipated release on conditional release under s. 971.17 or the anticipated termination of or discharge of a from a commitment order under s. 971.17, if the person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under s. 971.17.

AB861-ASA2, s. 70 Section 70. 980.015 (2) (d) of the statutes is created to read: