LRBa2599/1
JEO:kmg:lp
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 660
May 6, 1998 - Offered by Representatives Underheim, Kaufert, Owens, Klusman
and Olsen.
AB660-SA1-AA1,1,5
3"1e. Page 1, line 3: after "offenses," insert "restrictions on the placement of
4persons released on parole for certain serious sex offenses and of sexually violent
5persons who are granted supervised release,".
AB660-SA1-AA1,1,108
302.11
(4m) An inmate paroled under this section is subject to the restriction
9under s. 304.06 (2m), if applicable, relating to the counties to which inmates may be
10paroled.
AB660-SA1-AA1,2,3
1304.02
(4m) A prisoner paroled under this section is subject to the restriction
2under s. 304.06 (2m), if applicable, relating to the counties to which prisoners may
3be paroled.
AB660-SA1-AA1,2,85
304.06
(2m) (a) In this subsection, "serious sex offense" means a violation of
6s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 or a solicitation,
7conspiracy or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
8948.025, 948.06 or 948.07.
AB660-SA1-AA1,2,119
(b) Except as provided in par. (c), no prisoner who is serving a sentence for a
10serious sex offense may be paroled to any county where there is a correctional
11institution that has a specialized sex offender treatment program.
AB660-SA1-AA1,2,1412
(c) A prisoner serving a sentence for a serious sex offense may be paroled to a
13county where there is a correctional institution that has a specialized sex offender
14treatment program if that county is also the prisoner's county of residence.
AB660-SA1-AA1,2,1615
(d) The parole commission or the department shall determine a prisoner's
16county of residence for the purposes of this subsection by doing all of the following:
AB660-SA1-AA1,2,2017
1. The parole commission or the department shall consider residence as the
18voluntary concurrence of physical presence with intent to remain in a place of fixed
19habitation and shall consider physical presence as prima facie evidence of intent to
20remain.
AB660-SA1-AA1,2,2421
2. The parole commission or the department shall apply the criteria for
22consideration of residence and physical presence under subd. 1. to the facts that
23existed on the date that the prisoner committed the serious sex offense that resulted
24in the sentence the prisoner is serving.".
AB660-SA1-AA1,4,33
980.06
(2) (c) If the court finds that the person is appropriate for supervised
4release, the court shall notify the department. The department and the county
5department under s. 51.42 in the county of residence of the person, as determined
6under s. 980.105, shall prepare a plan that identifies the treatment and services, if
7any, that the person will receive in the community. The plan shall address the
8person's need, if any, for supervision, counseling, medication, community support
9services, residential services, vocational services, and alcohol or other drug abuse
10treatment. The department may contract with a county department, under s. 51.42
11(3) (aw) 1. d., with another public agency or with a private agency to provide the
12treatment and services identified in the plan. The plan shall specify who will be
13responsible for providing the treatment and services identified in the plan. The plan
14shall be presented to the court for its approval within 21 days after the court finding
15that the person is appropriate for supervised release, unless the department, county
16department and person to be released request additional time to develop the plan.
17If the county department of the person's county of residence declines to prepare a
18plan, the department may arrange for another county to prepare the plan if that
19county agrees to prepare the plan and if the person will be living in that county. If
20the department is unable to arrange for another county to prepare a plan, the court
21shall designate a county department to prepare the plan, order the county
22department to prepare the plan and place the person on supervised release in that
23county, except that the court may not so designate the county department in
the any 24county where
the there is a facility in which
the person was persons are detained or
1evaluated under s. 980.04 or in which persons committed
for to institutional care
is
2located under this chapter are placed, unless that county is also the person's county
3of residence.
AB660-SA1-AA1,5,35
980.08
(5) If the court finds that the person is appropriate for supervised
6release, the court shall notify the department. The department and the county
7department under s. 51.42 in the county of residence of the person, as determined
8under s. 980.105, shall prepare a plan that identifies the treatment and services, if
9any, that the person will receive in the community. The plan shall address the
10person's need, if any, for supervision, counseling, medication, community support
11services, residential services, vocational services, and alcohol or other drug abuse
12treatment. The department may contract with a county department, under s. 51.42
13(3) (aw) 1. d., with another public agency or with a private agency to provide the
14treatment and services identified in the plan. The plan shall specify who will be
15responsible for providing the treatment and services identified in the plan. The plan
16shall be presented to the court for its approval within 60 days after the court finding
17that the person is appropriate for supervised release, unless the department, county
18department and person to be released request additional time to develop the plan.
19If the county department of the person's county of residence declines to prepare a
20plan, the department may arrange for another county to prepare the plan if that
21county agrees to prepare the plan and if the person will be living in that county. If
22the department is unable to arrange for another county to prepare a plan, the court
23shall designate a county department to prepare the plan, order the county
24department to prepare the plan and place the person on supervised release in that
25county, except that the court may not so designate the county department in
the any
1county where
the there is a facility in which
the person was persons committed
for 2to institutional care
is located
under this chapter are placed unless that county is also
3the person's county of residence.".
AB660-SA1-AA1,5,9
7"
(1t) Lifetime supervision of certain sex offenders. The creation of section
8939.615 of the statutes and the treatment of sections 971.17 (1j) and 973.125 of the
9statutes first apply to offenses committed on the effective date of this subsection.
AB660-SA1-AA1,5,12
10(1u) Restrictions on placement of parolees. The treatment of sections 302.11
11(4m), 304.02 (4m) and 304.06 (2m) of the statutes first applies to parole releases
12granted on the effective date of this subsection.".".