AB945: Bill Text

The bill also provides that the rules applicable to appeals in criminal, juvenile and other civil commitment cases will generally apply in an appeal from an order committing a person as a sexually violent person.

17. Codification of certain case law interpretations. The bill codifies certain Wisconsin appellate court decisions relating to the sexually violent person commitment procedure, including the following:

a. The bill provides that a person may be subject to a sexually violent person commitment proceeding at the time that he or she is being paroled under or discharged from a commitment under a previous sex crimes commitment law that was repealed in 1980. This codifies a holding of State v. Post, 197 Wis. 2d 279 (1995).

b. The bill provides that, for purposes of determining the proper time to file a petition, confinement under a sentence of imprisonment that was imposed for a sexually violent offense includes confinement that was imposed consecutively to any sentence for a sexually violent offense. This codifies a holding of State v. Keith, 216 Wis. 2d 61 (Ct. App. 1997).

c. The bill provides that a person committed as a sexually violent person must be afforded the right to request a jury for a hearing on his or her petition for a discharge from the commitment. This codifies a holding of State v. Post, 197 Wis. 2d 279 (1995).

18. Enforceability of time limits. The bill specifies that a party's failure to comply with a time limit relating to proceedings involving sexually violent persons does not affect the court's jurisdiction or its ability to exercise that jurisdiction, nor is it a ground for an appeal.

Reimbursement for Brown County and Milwaukee County prosecutors

Current law requires the district attorneys for Brown County and Milwaukee County to each assign an assistant district attorney to work exclusively on sexually violent person commitment cases. These specialized prosecutors may prosecute cases in any other county at the request of the district attorney for that county. This bill requires, in those cases, that the district attorney for the county in which the case is being heard reimburse the specialized prosecutor's home county (i.e., Brown County or Milwaukee County) for reasonable costs incurred by the specialized prosecutor, including expert witness fees.

Transitional facility for supervised release of sexually violent persons

This bill creates a committee composed of officials from the city of Milwaukee and Milwaukee County and individual residents of Milwaukee County to prepare recommendations regarding the location of a proposed transitional facility for persons who have been committed to the custody of DHFS as sexually violent persons. The bill also requires DHFS to pay annually to the municipality in which the transitional facility is ultimately located a sum in lieu of property taxes for the services, improvements, or facilities that the municipality furnishes to the transitional facility. The amount of the payment may not exceed the amount that the municipality would have otherwise levied upon the transitional facility. DHFS must also make an annual grant of $100,000 to the municipality for the cost of providing additional security near the facility.

Escape

Current law provides penalties for escaping from certain types of custody, including actual physical custody in a jail, state prison, or juvenile correctional institution, actual physical custody of a law enforcement officer or institution guard, and constructive custody of prisoners and juveniles temporarily outside an institution for the purpose of work, school, medical care, or other authorized temporary leave. A person who is convicted of escape is subject to fines or imprisonment or both. The maximum term of imprisonment that may be imposed depends on the type of custody from which the person escapes. For instance, a person who escapes after being arrested for, charged with, or sentenced for a crime may be imprisoned for not more than six years or fined not more than $10,000 or both, while a person who escapes after being arrested for, charged with, or convicted of a violation of a law that is penalized with a forfeiture (a civil monetary penalty) may be imprisoned for not more than nine months or fined not more than $10,000 or both.

This bill provides that the maximum term of imprisonment for escape is 12.5 years if the person escapes while he or she is in custody in connection with a sexually violent person commitment proceeding or while he or she is in institutional care or on supervised release after having been found to be a sexually violent person.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

AB945, s. 1 Section 1. 20.435 (2) (bm) of the statutes is amended to read:

AB945,13,6 20.435 (2) (bm) Secure mental health units or facilities; payments relating to transitional facilities. The amounts in the schedule for the general program operations of secure mental health units or facilities under s. 980.065 for persons committed under s. 980.06 and placed in a secure mental health unit or facility and for making payments to municipalities under s. 46.055 (2) (b) and grants to municipalities under s. 46.055 (2) (c).

AB945, s. 2 Section 2. 46.03 (1) of the statutes is amended to read:

AB945,13,10 46.03 (1) Institutions governed. Maintain and govern the Mendota and the Winnebago mental health institutes; the secure mental health facility established under s. 46.055 (1); and the centers for the developmentally disabled.

AB945, s. 3 Section 3. 46.055 (title) of the statutes is amended to read:

AB945,13,13 46.055 (title) Secure mental health facility Facilities for sexually violent persons.

AB945, s. 4 Section 4. 46.055 of the statutes is renumbered 46.055 (1).

AB945, s. 5 Section 5. 46.055 (2) of the statutes is created to read:

AB945,13,19 46.055 (2) (a) In this subsection, "transitional facility" means the facility that is enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., and that will be a transitional facility for the housing of persons committed to the custody of the department under ch. 980.

AB945,13,25 (b) Annually, from the appropriation under s. 20.435 (2) (bm), the department shall pay a municipality in which a transitional facility is located a sum in lieu of taxes for the services, improvements, or facilities that the municipality furnishes to the transitional facility. The municipality shall determine the amount that the department shall pay, but it may not exceed the amount that would be levied as the annual property tax of the municipality upon the transitional facility.

AB945,14,4 (c) Annually, from the appropriation under s. 20.435 (2) (bm), the department shall make a grant of $100,000 to a municipality in which a transitional facility is located to reimburse the municipality for the cost of providing additional security for the area in which the transitional facility is located.

AB945, s. 6 Section 6. 46.058 (2m) of the statutes is amended to read:

AB945,14,16 46.058 (2m) The superintendents of the secure mental health facility established under s. 46.055 (1), the Wisconsin resource center established under s. 46.056 and any secure mental health unit or facility provided by the department of corrections under s. 980.065 (2) shall adopt proper means to prevent escapes of persons detained or committed to the facility, center or unit under ch. 980 and may adopt proper means to pursue and capture persons detained or committed to the facility, center or unit under ch. 980 who have escaped. In adopting means under this subsection to prevent escape and pursue and capture persons who have escaped, a superintendent may delegate to designated staff members of the facility, center or unit the power to use necessary and appropriate force, as defined by the department by rule, to prevent escapes and capture escaped persons.

AB945, s. 7 Section 7. 48.396 (1) of the statutes is amended to read:

AB945,15,12 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or, (5), or (6) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 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. 938.396 (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.

AB945, s. 8 Section 8. 48.396 (5) (a) (intro.) of the statutes is amended to read:

AB945,15,17 48.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b) or, (1d), or (6) 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:

AB945, s. 9 Section 9. 48.396 (6) of the statutes is created to read:

AB945,16,6 48.396 (6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by and production to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney 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.

AB945, s. 10 Section 10. 48.78 (2) (e) of the statutes is created to read:

AB945,16,19 48.78 (2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose information to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney 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 proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or 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.

AB945, s. 11 Section 11. 48.981 (7) (a) 8s. of the statutes is created to read:

AB945,17,6 48.981 (7) (a) 8s. Authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the reports or 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 subdivision. 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 subdivision for any purpose consistent with any proceeding under ch. 980.

AB945, s. 12 Section 12. 51.30 (3) (a) of the statutes is amended to read:

AB945,17,10 51.30 (3) (a) Except as provided in pars. (b) and, (bm), (c), and (d), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

AB945, s. 13 Section 13. 51.30 (3) (b) of the statutes is amended to read:

AB945,17,17 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter or ch. 971 or, 975, or 980.

AB945, s. 14 Section 14. 51.30 (3) (bm) of the statutes is created to read:

AB945,18,5 51.30 (3) (bm) The files and records of court proceedings under this chapter shall be released to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the files or 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 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.

AB945, s. 15 Section 15. 51.30 (4) (b) 8m. of the statutes is amended to read:

AB945,18,10 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB945, s. 16 Section 16. 51.30 (4) (b) 8s. of the statutes is created to read:

AB945,18,23 51.30 (4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment 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 subdivision. 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 subdivision for any purpose consistent with any proceeding under ch. 980.

AB945, s. 17 Section 17. 51.30 (4) (b) 10m. of the statutes is repealed.

AB945, s. 18 Section 18. 51.30 (4) (b) 11. of the statutes is amended to read:

AB945,19,5 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and the corporation counsel, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patients' rights under this chapter or ch. 48, 971, or 975, or 980.

AB945, s. 19 Section 19. 51.375 (1) (a) of the statutes is amended to read:

AB945,19,10 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975, or conditional supervised release under ch. 980.

AB945, s. 20 Section 20. 109.09 (1) of the statutes is amended to read:

AB945,20,7 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82, 104.12 and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB945, s. 21 Section 21. 118.125 (2) (ck) of the statutes is created to read:

AB945,20,20 118.125 (2) (ck) The school district clerk or his or her designee shall make pupil records available for inspection or disclose the contents of pupil records to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the pupil 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 pupil records made available or 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.

AB945, s. 22 Section 22. 146.82 (2) (c) of the statutes is amended to read:

AB945,21,2 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB945, s. 23 Section 23. 146.82 (2) (cm) of the statutes is created to read:

AB945,21,16 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released to appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the evaluation or prosecution of any proceeding under ch. 980, if the treatment 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 records made available or 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.

AB945, s. 24 Section 24. 301.45 (1g) (dt) of the statutes is amended to read:

AB945,21,19 301.45 (1g) (dt) Is in institutional care or on conditional supervised release under ch. 980 on or after June 2, 1994.

AB945, s. 25 Section 25. 301.45 (3) (a) 3r. of the statutes is amended to read:

AB945,21,24 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10 980.093.

AB945, s. 26 Section 26. 301.45 (3) (b) 3. of the statutes is amended to read:

AB945,22,5 301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

AB945, s. 27 Section 27. 301.45 (5) (b) 2. of the statutes is amended to read:

AB945,22,12 301.45 (5) (b) 2. The person has been found to be a sexually violent person under ch. 980, regardless of whether the person is has been discharged under s. 980.10, 2001 stats., s. 980.09 or 980.10 980.093 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.

AB945, s. 28 Section 28. 756.06 (2) (b) of the statutes is amended to read:

AB945,22,16 756.06 (2) (b) Except as provided in par. pars. (c) and (cm), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.

AB945, s. 29 Section 29. 756.06 (2) (cm) of the statutes is created to read:

AB945,22,23 756.06 (2) (cm) A jury in a trial under s. 980.05 shall consist of the number of persons specified in s. 980.05 (2) unless a lesser number has been stipulated to and approved under s. 980.05 (2m) (c). A jury in a hearing under s. 980.09 (2m) or 980.093 (3) shall consist of the number of persons specified in s. 980.09 (2m) or 980.093 (3), whichever is applicable, unless a lesser number has been stipulated to and approved under s. 980.095 (3).

AB945, s. 30 Section 30. 801.52 of the statutes is amended to read:

AB945,23,4 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses. This section does not apply to proceedings under ch. 980.

AB945, s. 31 Section 31. 808.04 (3) of the statutes is amended to read:

AB945,23,8 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938 , or 980 shall be initiated within the time period specified in s. 809.30.

AB945, s. 32 Section 32. 808.04 (4) of the statutes is amended to read:

AB945,23,12 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or , 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

AB945, s. 33 Section 33. 808.075 (4) (h) of the statutes is amended to read:

AB945,23,16 808.075 (4) (h) Commitment, supervised release, recommitment, discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09, 980.10 980.093, and 980.101 of a person found to be a sexually violent person under ch. 980.

AB945, s. 34 Section 34. 809.10 (1) (d) of the statutes, as affected by Supreme Court Order 02-01, is repealed and recreated to read:

AB945,24,4 809.10 (1) (d) Docketing statement. The person shall send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the court of appeals' copy of the notice of appeal. The person shall send a copy of the completed docketing statement to the other parties to the appeal. Docketing statements need not be filed in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7), in cases under ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to s. 809.50, except that docketing statements shall be filed in cases arising under chs. 48, 51, 55, or 938.

AB945, s. 35 Section 35. 809.30 (1) (c) of the statutes, as affected by Supreme Court 02-01, is repealed and recreated to read:

AB945,24,11 809.30 (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).

AB945, s. 36 Section 36. 809.30 (1) (f) of the statutes, as affected by Supreme Court 02-01, is repealed and recreated to read:

AB945,24,16 809.30 (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.