LRB-4960/1
JEO:jlg:jf
1997 - 1998 LEGISLATURE
March 2, 1998 - Introduced by Representatives Schafer and Kreibich,
cosponsored by Senators Zien and Fitzgerald. Referred to Committee on
Judiciary.
AB875,1,6 1An Act to amend 51.37 (9), 51.37 (10) (c), 302.045 (3), 304.02 (2), 971.17 (3) (e),
2975.18, 980.06 (2) (d) and 980.08 (6); and to create 302.11 (5m), 304.02 (6),
3304.06 (1s), 973.09 (1c) and 975.10 (1m) of the statutes; relating to: prohibiting
4use of or access to the internet by persons who have committed certain crimes
5and who are on parole, probation or other type of supervised or conditional
6release.
Analysis by the Legislative Reference Bureau
Under this bill, if a person is placed on parole, probation or other type of
supervised or conditional release after committing certain crimes, the court or
agency releasing the person must require as a condition of release that the person
not use or have access to the internet. The following sections of this analysis describe
in more detail both current law concerning these types of release and the changes
made in current law by this bill.
Persons placed on probation or released from state prison on parole
Currently, a person convicted of a felony (a crime that carries a maximum
sentence of imprisonment of one or more years in state prison) may be sentenced to
imprisonment in state prison or may be placed on probation. If a person convicted
of a felony is sentenced to imprisonment in state prison, he or she usually has 3
possible ways of being released on parole: discretionary parole granted by the parole

commission (for which a person is usually eligible after serving 25% of the sentence
or 6 months, whichever is greater); mandatory release on parole (usually granted
automatically after the person serves two-thirds of the sentence); or special action
parole release by the secretary of corrections (a program designed to relieve prison
crowding). A person released on parole is subject to conditions of parole established
by the parole commission and the department of corrections (DOC). If a person
convicted of a felony is not sentenced to imprisonment but is instead placed on
probation, the person is subject to conditions of probation established by the
sentencing court and DOC.
Under this bill, if a court places a person on probation for a child sex crime, the
court must impose a condition of probation that prohibits the person from using or
having access to the internet. Likewise, under the bill, when the parole commission
paroles a person from a sentence imposed for a child sex crime, the parole commission
must impose a condition of parole that prohibits the person from using or having
access to the internet. The child sex crimes covered by the bill are first and second
degree sexual assault of a child, repeated sexual assault of a child, sexual
exploitation of a child, causing a child to view or listen to sexual activity, child
enticement, soliciting a child for prostitution, exposing a child to harmful material
and possession of child pornography.
Persons released from institutional care after being found not guilty by
reason of mental disease or defect
Currently, if a person is found not guilty of a felony by reason of mental disease
or defect, he or she is committed to the custody of the department of health and family
services (DHFS). When committing a person found not guilty by reason of mental
disease or defect, a court must specify whether the person is to be placed in
institutional care or on conditional release. If a person is placed in institutional care,
he or she may petition for conditional release if at least 6 months have passed since
the initial commitment order was entered. A person on conditional release is subject
to the custody and control of DHFS and must abide by conditions set by the court and
by the rules of DHFS. Current law also provides that, under certain circumstances,
the director of a treatment facility at which a person is placed in institutional care
may allow the person to be discharged under supervision, to be conditionally
transferred to the custody of a legal guardian or other person or to take a temporary
home visit or temporary leave from the institution.
Under this bill, if a person who has been found not guilty of a child sex crime
by reason of mental disease or defect is placed on conditional release by a court, the
court must impose a condition of release that prohibits the person from using or
having access to the internet. In addition, if such a person is conditionally
transferred, discharged under supervision or given a temporary home visit or leave,
DHFS must, as a condition of such a release, prohibit the person from using or having
access to the internet. The child sex crimes covered by the bill are first and second
degree sexual assault of a child, repeated sexual assault of a child, sexual
exploitation of a child, causing a child to view or listen to sexual activity, child
enticement, soliciting a child for prostitution, exposing a child to harmful material
and possession of child pornography.

Persons released from institutional care after being found to be a sexually
violent person
Current law provides a procedure for the involuntary civil commitment of
sexually violent persons. A sexually violent person is a person who has committed
certain sexually violent offenses and who is dangerous because he or she suffers from
a mental disorder that makes it substantially probable that the person will engage
in acts of sexual violence. A person who has been found to be a sexually violent person
is committed to DHFS for control, care and treatment. The person may be committed
to institutional care in an appropriate facility or the court may order the person to
be placed on supervised release. In addition, a person initially committed to
institutional care may later be granted supervised release by a court if it is no longer
substantially probable that the person will engage in acts of sexual violence if he or
she is not confined in institutional care. A sexually violent person who is placed on
supervised release is subject to conditions of release set by the court and to the rules
of release established by DHFS.
This bill provides that if a court places a sexually violent person on supervised
release the court must require as a condition of release that the person not use or
have access to the internet.
Persons paroled from a commitment under the sex crimes law
Under prior law, persons who were convicted of certain sex crimes could, upon
conviction, be committed to DHFS for specialized treatment in an appropriate
institution. Although no person could be committed under this prior law after July
1, 1980, there are persons committed before that date who remain in the custody of
DHFS. A person committed to DHFS for specialized care may be paroled it appears
to DHFS that the person is capable of making an acceptable adjustment in society.
This bill provides that if DHFS paroles a person convicted of a sex crime and
committed for specialized treatment, DHFS must require as a condition of parole
that the person not use or have access to the internet.
For further information see the state 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:
AB875, s. 1 1Section 1. 51.37 (9) of the statutes is amended to read:
AB875,4,192 51.37 (9) If in the judgment of the director of Mendota mental health institute,
3Winnebago mental health institute or the Milwaukee county mental health complex,
4any person who is committed under s. 971.14 or 971.17 is not in such condition as
5warrants his or her return to the court but is in a condition to receive a conditional
6transfer or discharge under supervision, the director shall report to the department

1of health and family services, the committing court and the district attorney of the
2county in which the court is located his or her reasons for the judgment. If the court
3does not file objection to the conditional transfer or discharge within 60 days of the
4date of the report, the director may, with the approval of the department of health
5and family services, conditionally transfer any person to a legal guardian or other
6person, subject to the rules of the department of health and family services. If the
7person being conditionally transferred or discharged under supervision was
8committed under s. 971.17 after being found not guilty by reason of mental disease
9or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11
10or 948.12, the department of health and family services must require as a condition
11of the transfer or discharge that the person not use or have access to the internet.

12Before a person is conditionally transferred or discharged under supervision under
13this subsection, the department of health and family services shall so notify the
14municipal police department and county sheriff for the area where the person will
15be residing. The notification requirement does not apply if a municipal department
16or county sheriff submits to the department of health and family services a written
17statement waiving the right to be notified. The department of health and family
18services may contract with the department of corrections for the supervision of
19persons who are transferred or discharged under this subsection.
AB875, s. 2 20Section 2. 51.37 (10) (c) of the statutes is amended to read:
AB875,5,521 51.37 (10) (c) Any patient who is granted a home visit or leave under this
22subsection shall be restricted to the confines of this state unless otherwise
23specifically permitted. The patient may, in addition, be restricted to a particular
24geographic area. If a patient granted a home visit or leave was committed under s.
25971.17 or ch. 975 after being convicted of or found not guilty by reason of mental

1disease or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08,
2948.11 or 948.12, the department must require as a condition of the home visit or
3leave that the patient not use or have access to the internet.
Other conditions
4appropriate to the person's treatment may also be imposed upon the home visit or
5leave.
AB875, s. 3 6Section 3. 302.045 (3) of the statutes is amended to read:
AB875,5,157 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
8determines that an inmate has successfully completed the challenge incarceration
9program, the parole commission shall parole the inmate under s. 304.06, regardless
10of the time the inmate has served. When the parole commission grants parole under
11this subsection, it must require the parolee to participate in an intensive supervision
12program for drug abusers as a condition of parole. If the inmate is serving a sentence
13for a violation of s. 948.11 or 948.12 and the parole commission grants parole under
14this subsection, it must require as a condition of parole that the parolee not use or
15have access to the internet.
AB875, s. 4 16Section 4. 302.11 (5m) of the statutes is created to read:
AB875,5,1817 302.11 (5m) (a) In this subsection, "child sex crime" means a violation of s.
18948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.
AB875,5,2119 (b) When an inmate serving a sentence for a child sex crime is released on
20parole under sub. (1) or (1g) (b), the parole commission must require as a condition
21of parole that the parolee not use or have access to the internet.
AB875, s. 5 22Section 5. 304.02 (2) of the statutes is amended to read:
AB875,6,323 304.02 (2) The department shall promulgate rules for the special action release
24program, including eligibility criteria, procedures for the secretary to decide whether
25to grant a prisoner a special action release to parole supervision, procedures for

1notifying persons, offices or agencies under s. 304.06 (1) (c) and (g) of releases, and,
2subject to sub. (6),
conditions of release. If applicable, the department shall also
3comply with s. 304.063.
AB875, s. 6 4Section 6. 304.02 (6) of the statutes is created to read:
AB875,6,65 304.02 (6) (a) In this subsection, "child sex crime" means a violation of s. 948.02,
6948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.
AB875,6,97 (b) When an inmate serving a sentence for a child sex crime is released on
8parole under this section, the department must require as a condition of parole that
9the parolee not use or have access to the internet.
AB875, s. 7 10Section 7. 304.06 (1s) of the statutes is created to read:
AB875,6,1211 304.06 (1s) (a) In this subsection, "child sex crime" means a violation of s.
12948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.
AB875,6,1513 (b) When the parole commission grants parole under sub. (1) to a person serving
14a sentence for a child sex crime, the parole commission must require as a condition
15of parole that the parolee not use or have access to the internet.
AB875, s. 8 16Section 8. 971.17 (3) (e) of the statutes is amended to read:
AB875,6,2417 971.17 (3) (e) An order for conditional release places the person in the custody
18and control of the department of health and family services. A conditionally released
19person is subject to the conditions set by the court and to the rules of the department
20of health and family services. If the person being conditionally released was
21committed under this section after being found not guilty by reason of mental disease
22or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11
23or 948.12, the court must require as a condition of conditional release that the person
24not use or have access to the internet.
AB875,7,5
1(f) Before a person is conditionally released by the court under this subsection,
2the court shall so notify the municipal police department and county sheriff for the
3area where the person will be residing. The notification requirement under this
4paragraph does not apply if a municipal department or county sheriff submits to the
5court a written statement waiving the right to be notified.
AB875,7,24 6(g) If the department of health and family services alleges that a released
7person has violated any condition or rule, or that the safety of the person or others
8requires that conditional release be revoked, he or she may be taken into custody
9under the rules of the department. The department of health and family services
10shall submit a statement showing probable cause of the detention and a petition to
11revoke the order for conditional release to the committing court and the regional
12office of the state public defender responsible for handling cases in the county where
13the committing court is located within 48 hours after the detention. The court shall
14hear the petition within 30 days, unless the hearing or time deadline is waived by
15the detained person. Pending the revocation hearing, the department of health and
16family services may detain the person in a jail or in a hospital, center or facility
17specified by s. 51.15 (2). The state has the burden of proving by clear and convincing
18evidence that any rule or condition of release has been violated, or that the safety of
19the person or others requires that conditional release be revoked. If the court
20determines after hearing that any rule or condition of release has been violated, or
21that the safety of the person or others requires that conditional release be revoked,
22it may revoke the order for conditional release and order that the released person be
23placed in an appropriate institution under s. 51.37 (3) until the expiration of the
24commitment or until again conditionally released under this section.
AB875, s. 9 25Section 9. 973.09 (1c) of the statutes is created to read:
AB875,8,2
1973.09 (1c) (a) In this subsection, "child sex crime" means a violation of s.
2948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.
AB875,8,53 (b) If a person is convicted of a child sex crime and the court places the person
4on probation for that crime, the court shall order as a condition of probation that the
5person not use or have access to the internet.
AB875, s. 10 6Section 10. 975.10 (1m) of the statutes is created to read:
AB875,8,87 975.10 (1m) When a person is paroled under this section, the department must
8require as a condition of parole that the person not use or have access to the internet.
AB875, s. 11 9Section 11. 975.18 of the statutes is amended to read:
AB875,8,13 10975.18 Establishment of regulations. The Subject to s. 975.10 (1m), the
11department may promulgate rules concerning parole, revocation of parole,
12supervision of parolees, and any other matters necessary for the administration of
13this chapter.
AB875, s. 12 14Section 12. 980.06 (2) (d) of the statutes is amended to read:
AB875,8,1915 980.06 (2) (d) An order for supervised release places the person in the custody
16and control of the department. If a court places a person on supervised release, the
17court must require as a condition of supervised release that the person not use or
18have access to the internet.
A person on supervised release is also subject to the any
19other
conditions set by the court and to the rules of the department.
AB875,8,25 20(e) Before a person is placed on supervised release by the court under this
21section, the court shall so notify the municipal police department and county sheriff
22for the municipality and county in which the person will be residing. The notification
23requirement under this paragraph does not apply if a municipal police department
24or county sheriff submits to the court a written statement waiving the right to be
25notified.
AB875,9,18
1(f) If the department alleges that a released person has violated any condition
2or rule, or that the safety of others requires that supervised release be revoked, he
3or she may be taken into custody under the rules of the department. The department
4shall submit a statement showing probable cause of the detention and a petition to
5revoke the order for supervised release to the committing court and the regional
6office of the state public defender responsible for handling cases in the county where
7the committing court is located within 48 hours after the detention. The court shall
8hear the petition within 30 days, unless the hearing or time deadline is waived by
9the detained person. Pending the revocation hearing, the department may detain
10the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state
11has the burden of proving by clear and convincing evidence that any rule or condition
12of release has been violated, or that the safety of others requires that supervised
13release be revoked. If the court determines after hearing that any rule or condition
14of release has been violated, or that the safety of others requires that supervised
15release be revoked, it may revoke the order for supervised release and order that the
16released person be placed in an appropriate institution until the person is discharged
17from the commitment under s. 980.09 or until again placed on supervised release
18under s. 980.08.
AB875, s. 13 19Section 13. 980.08 (6) of the statutes is amended to read:
AB875,9,2120 980.08 (6) The provisions of s. 980.06 (2) (d), (e) and (f) apply to an order for
21supervised release issued under this section.
AB875, s. 14 22Section 14. Initial applicability.
AB875,9,2523 (1) Conditions of parole. The treatment of sections 302.045 (3), 302.11 (5m),
24304.02 (6) and 304.06 (1s) of the statutes first applies to persons who are released on
25parole on the effective date of this subsection.
AB875,10,3
1(2) Conditions of probation. The treatment of section 973.09 (1c) of the
2statutes first applies to persons who are placed on probation on the effective date of
3this subsection.
AB875,10,84 (3) Conditions of release of persons found not guilty by reason of mental
5disease or defect.
The treatment of sections 51.37 (9) and (10) (c) and 971.17 (3) (e)
6of the statutes first applies to persons who are granted conditional release, a
7conditional transfer, a discharge under supervision or a temporary home visit or
8temporary leave on the effective date of this subsection.
AB875,10,119 (4) Conditions of release of persons found to be sexually violent persons.
10The treatment of section 980.06 (2) (d) of the statutes first applies to persons who are
11granted supervised release on the effective date of this subsection.
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