AB861: Bill Text

AB861, s. 18 Section 18. 980.08 (6m) (b) 2. of the statutes is created to read:

AB861,16,8 980.08 (6m) (b) 2. A person on supervised release shall actively participate in treatment as a condition of supervised release.

AB861, s. 19 Section 19. 980.085 of the statutes is created to read:

AB861,16,16 980.085 Placements in transitional facilities. (1) If a court, on or after the effective date of this subsection .... [revisor inserts date], places a person on supervised release in a county in which the department has a vacancy in a transitional facility for the placement of such persons, including the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., the court may not approve a supervised release plan for the person unless the plan requires that the person reside in the facility.

AB861,16,23 (2) If, on or after the effective date of this subsection .... [revisor inserts date], a person is on supervised release in a county in which the department has a vacancy in a transitional facility for the placement of such persons, including the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., the department, after allowing the person a reasonable amount of time to move there, shall require the person to reside in the facility as a condition of supervised release, notwithstanding what the person's supervised release plan provides under s. 980.08 (5) (a) 5.

AB861, s. 20 Section 20. 980.09 (1) (c) of the statutes is amended to read:

AB861,17,6 980.09 (1) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the petitioner shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion criteria specified in s. 980.08 (4) (b), whether to modify the petitioner's existing commitment order by authorizing supervised release.

AB861, s. 21 Section 21. 980.09 (2) (c) of the statutes is amended to read:

AB861,17,13 980.09 (2) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the person shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion criteria specified in s. 980.08 (4) (b), whether to modify the person's existing commitment order by authorizing supervised release.

AB861, s. 22 Section 22. Nonstatutory provisions.

AB861,17,18 (1) (a) There is created a committee to assist the state in determining the location for the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., that will be a transitional facility for the housing of persons committed to the custody of the department of health and family services under chapter 980 of the statutes.

AB861,17,20 (b) The departments of corrections and health and family services shall provide necessary administrative support services to the committee.

AB861,17,24 (c) The department of administration shall reimburse members of the committee for their actual and necessary expenses incurred in carrying out their functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget authorized under section 16.40 (14) of the statutes.

AB861,17,25 (d) The members of the committee shall be:

AB861,18,2 1. The chairperson of the Milwaukee County board of supervisors or his or her designee.

AB861,18,3 2. The chief of police of the city of Milwaukee or his or her designee.

AB861,18,4 3. The county executive of Milwaukee County or his or her designee.

AB861,18,5 4. The district attorney of Milwaukee County or his or her designee.

AB861,18,6 5. The mayor of the city of Milwaukee or his or her designee.

AB861,18,7 6. The sheriff of Milwaukee County or his or her designee.

AB861,18,9 7. A representative of the Milwaukee County Law Enforcement Executives Association who is not from the city of Milwaukee.

AB861,18,11 8. A representative of the intergovernmental cooperation council who is not from the city of Milwaukee.

AB861,18,13 9. Three other individuals who are residents of Milwaukee County, 2 of whom do not reside in the city of Milwaukee, to be appointed by the governor.

AB861,18,15 10. Two members who reside in Milwaukee County, at least one of whom resides outside of the city of Milwaukee, to be appointed by the senate majority leader.

AB861,18,17 11. Two members who reside in Milwaukee County, at least one of whom resides outside of the city of Milwaukee, to be appointed by the speaker of the assembly.

AB861,18,19 (e) The committee shall elect the chair of the committee from the 3 individuals whom the governor appoints to the committee.

AB861,18,24 (f) No later than June 1, 2004, the department of health and family services shall provide the committee an estimate of the maximum number of persons likely to be placed in Milwaukee County on supervised release under section 980.06, 1997 stats., or section 980.08 of the statutes at any one time between that date and February 1, 2009.

AB861,19,2 (g) The committee shall hold public hearings in Milwaukee County regarding the selection of a location for the facility.

AB861,19,9 (h) Subject to paragraph (i) no later than December 31, 2004, the committee shall submit a report to the departments of corrections and health and family services recommending at least 3 specific locations for the facility. Each of the locations shall be suitable for the development of a facility that can house at least the number of persons set forth in the estimate submitted to the committee under paragraph (f). The committee shall consider all of the following factors when making its recommendations:

AB861,19,10 1. Community safety.

AB861,19,11 2. Proximity to sensitive locations.

AB861,19,12 3. Ability to make the facility secure.

AB861,19,13 4. Accessibility to treatment for the persons living in the facility.

AB861,19,14 5. Payments that may be made in lieu of property taxes.

AB861,19,16 6. Availability of tax incentives to a community to locate the facility within its jurisdiction.

AB861,19,18 7. Proximity to any residence or facility under section 980.08 (5) (b) 1. a. to c. of the statutes, as created by this act.

AB861,19,22 (i) When acting under paragraph (h), the committee may not recommend any location in a municipality that is located in a county with a population that exceeds 500,000 if the total number of persons incarcerated at any facility located in that municipality exceeds 1 percent of the municipality's population.

AB861, s. 23 Section 23. Initial applicability.

AB861,20,3 (1) Definition of sexually violent person. The treatment of section 980.01 (1m) and (7) of the statutes first applies to hearings, trials, and other proceedings that are commenced on the effective date of this subsection.

AB861,20,9 (2) Petitions for supervised release. The treatment of sections 980.09 (1) (c) and (2) (c) and 980.085 (1) of the statutes, the renumbering and amendment of section 980.08 (4) and (5) of the statutes, and the creation of section 980.08 (4) (b) 2. to 6., (d), and (e) and (5) (a) 5. and 6. and (b) of the statutes first apply to proceedings regarding petitions for supervised release that are commenced on the effective date of this subsection.

AB861,20,13 (3) Conditions of supervised release. The treatment of section 980.085 (2) of the statutes, the renumbering and amendment of section 980.08 (6m) of the statutes, and the creation of section 980.08 (6m) (b) 2. of the statutes first apply to persons on supervised release on the effective date of this subsection.

AB861,20,14 (End)