Amendment SSA1-AB133

AB133-SSA1,1439,23 950.04 (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. 980.06 980.08 and discharge under s. 980.09 or 980.10.

AB133-SSA1, s. 3199 Section 3199. 950.06 (2) of the statutes is amended to read:

AB133-SSA1,1440,8 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g).

AB133-SSA1, s. 3200 Section 3200. 950.06 (5) of the statutes is amended to read:

AB133-SSA1,1440,15 950.06 (5) The department shall review and approve the implementation and operation of programs and the annual reports under this section. The department may suspend or terminate reimbursement under s. 20.455 (5) (c) and (g) sub. (2) if the county fails to comply with its duties under this section. The department shall promulgate rules under ch. 227 for implementing and administering county programs approved under this section.

AB133-SSA1, s. 3202c Section 3202c. 973.032 (2) (b) of the statutes is amended to read:

AB133-SSA1,1440,21 973.032 (2) (b) Notwithstanding par. (a), a court may not sentence a person under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

AB133-SSA1, s. 3202e Section 3202e. 973.046 (1) (intro.) of the statutes is renumbered 973.046 (1r) and amended to read:

AB133-SSA1,1441,3 973.046 (1r) If a court imposes a sentence or places a person on probation under any of the following circumstances for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:.

AB133-SSA1, s. 3202f Section 3202f. 973.046 (1) (a) of the statutes is repealed.

AB133-SSA1, s. 3202g Section 3202g. 973.046 (1) (b) of the statutes is repealed.

AB133-SSA1, s. 3202h Section 3202h. 973.046 (1g) of the statutes is created to read:

AB133-SSA1,1441,9 973.046 (1g) Except as provided in sub. (1r), if a court imposes a sentence or places a person on probation for a felony conviction, the court may impose a deoxyribonucleic acid analysis surcharge of $250.

AB133-SSA1, s. 3202k Section 3202k. 973.047 (1) (a) of the statutes is renumbered 973.047 (1f) and amended to read:

AB133-SSA1,1441,15 973.047 (1f) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025 felony conviction, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB133-SSA1, s. 3202L Section 3202L. 973.047 (1) (b) of the statutes is repealed.

AB133-SSA1, s. 3202m Section 3202m. 973.047 (1) (c) of the statutes is renumbered 973.047 (1m) and amended to read:

AB133-SSA1,1441,22 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under par. (a) or (b) this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB133-SSA1, s. 3202p Section 3202p. 973.047 (2) of the statutes is amended to read:

AB133-SSA1,1442,2 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when required to do so under sub. (1) this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.

AB133-SSA1, s. 3203 Section 3203. 973.05 (1) of the statutes is amended to read:

AB133-SSA1,1443,5 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 29.987 and any applicable natural resources restitution payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB133-SSA1, s. 3204 Section 3204. 973.05 (2) of the statutes is amended to read:

AB133-SSA1,1444,14 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the consumer information assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

AB133-SSA1, s. 3205 Section 3205. 973.07 of the statutes is amended to read:

AB133-SSA1,1445,14 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

AB133-SSA1, s. 3205d Section 3205d. 973.09 (1) (d) of the statutes is renumbered 973.09 (1) (d) (intro.) and amended to read:

AB133-SSA1,1445,23 973.09 (1) (d) (intro.) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

AB133-SSA1,1445,25 1. A violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (b) or (c).

AB133-SSA1, s. 3205e Section 3205e. 973.09 (1) (d) 2. of the statutes is created to read:

AB133-SSA1,1446,5 973.09 (1) (d) 2. A violation under s. 346.63 (2) or (6) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (3m), if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

AB133-SSA1, s. 3205f Section 3205f. 973.09 (1) (d) 3. of the statutes is created to read:

AB133-SSA1,1446,10 973.09 (1) (d) 3. A violation under s. 346.63 (5) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2j) (c), if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

AB133-SSA1, s. 3206g Section 3206g. 977.08 (5) (b) of the statutes is repealed.

AB133-SSA1, s. 3206h Section 3206h. 977.08 (5) (bn) (intro.) of the statutes is amended to read:

AB133-SSA1,1446,16 977.08 (5) (bn) (intro.) Beginning on October 14, 1997, and ending on June 30, 1999 Except as provided in par. (br), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB133-SSA1, s. 3206k Section 3206k. 977.08 (5) (bn) 1r. of the statutes is amended to read:

AB133-SSA1,1446,19 977.08 (5) (bn) 1r. Cases representing persons under ss. s. 980.05 and 980.06: 15.

AB133-SSA1, s. 3207 Section 3207. 977.08 (5) (br) of the statutes is created to read:

AB133-SSA1,1446,24 977.08 (5) (br) Beginning on July 1, 2000, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

AB133-SSA1, s. 3207r Section 3207r. 978.01 (2) (b) of the statutes is amended to read:

AB133-SSA1,1447,3 978.01 (2) (b) A district attorney serves on a part-time basis if his or her prosecutorial unit consists of Buffalo, Florence, Forest, Pepin, Richland, Rusk, Trempealeau or Vernon county.

AB133-SSA1, s. 3208 Section 3208. 978.03 (3) of the statutes is amended to read:

AB133-SSA1,1447,10 978.03 (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 s. 978.043, 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.

AB133-SSA1, s. 3209 Section 3209. 978.04 of the statutes is amended to read:

AB133-SSA1,1447,18 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.

AB133-SSA1, s. 3209m Section 3209m. 978.042 of the statutes is created to read:

AB133-SSA1,1448,3 978.042 Prosecutor caseload measurement; redistribution of assistant district attorney positions. (1) The department of administration shall develop a weighted prosecutor caseload measurement formula to assist in determining the comparative need for assistant district attorneys in this state. The formula shall be based on the number of cases filed in a given year and the time needed to prosecute the cases, as applied to the average number of cases filed by a prosecutorial unit during the most recent 3-year period for which data is available. The department may consult with the Wisconsin District Attorneys Association in developing the formula.

AB133-SSA1,1448,7 (2) Notwithstanding s. 978.03 and 978.04, the department of administration shall transfer an authorized assistant district attorney position from the prosecutorial unit to which it is allocated to another prosecutorial unit if all of the following apply:

AB133-SSA1,1448,8 (a) A vacancy occurs in the position.

AB133-SSA1,1448,15 (b) The prosecutorial unit from which the position is transferred has a prosecutor workload of less than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), and transferring the position from the prosecutorial unit would not result in the prosecutorial unit having a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1).

AB133-SSA1,1448,20 (c) The prosecutorial unit to which the position is transferred requested additional assistant district attorney position authorization for the fiscal biennium in which the transfer is made and has a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1).

AB133-SSA1, s. 3210 Section 3210. 978.043 of the statutes is created to read:

AB133-SSA1,1449,6 978.043 Assistants for prosecution of sexually violent person commitment cases. 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 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.

AB133-SSA1, s. 3211 Section 3211. 978.05 (8) (b) of the statutes is amended to read:

AB133-SSA1,1449,17 978.05 (8) (b) Hire, employ and supervise his or her staff and, subject to s. 978.043, 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 employes.

AB133-SSA1, s. 3211p Section 3211p. 978.12 (5) (b) of the statutes is amended to read:

AB133-SSA1,1449,24 978.12 (5) (b) Employes generally. District attorneys and state employes of the office of district attorney shall be included within the provisions of the Wisconsin retirement system under ch. 40 as a participating employe of that office, except that the district attorney and state employes of the office of district attorney in a county having a population of 500,000 or more have the option provided under par. (c) s. 978.12 (5) (c), 1997 stats.

AB133-SSA1, s. 3211r Section 3211r. 978.12 (5) (c) 5. of the statutes is repealed.

AB133-SSA1, s. 3211t Section 3211t. 978.12 (6) of the statutes is renumbered 978.12 (6) (a) and amended to read:

AB133-SSA1,1451,19 978.12 (6) (a) District attorneys and state employes of the office of district attorney shall be included within all insurance benefit plans under ch. 40, except as authorized in this subsection paragraph. Alternatively, the state shall provide insurance benefit plans for district attorneys and state employes in the office of district attorney in the manner provided in this subsection paragraph. A district attorney or other employe of the office of district attorney who was employed in that office as a county employe on December 31, 1989, and who received any form of fringe benefits other than a retirement, deferred compensation or employe-funded reimbursement account plan as a county employe, as defined by that county pursuant to the county's personnel policies, or pursuant to a collective bargaining agreement in effect on January 1, 1990, or the most recent collective bargaining agreement covering represented employes who are not covered by such an agreement, may elect to continue to be covered under all such fringe benefit plans provided by the county after becoming a state employe. In a county having a population of 500,000 or more, the fringe benefit plans shall include health insurance benefits fully paid by the county for each retired employe who, on or after December 31, 1989, attains at least 15 years of service in the office of district attorney of that county, whether or not the service is as a county employe, for the duration of the employe's life. An employe may make an election under this subsection paragraph no later than January 31, 1990, except that an employe who serves as an assistant district attorney in a county having a population of 500,000 or more may make an election under this subsection paragraph no later than March 1, 1990. An election under this subsection paragraph shall be for the duration of the employe's employment in the office of district attorney for the same county by which the employe was employed or until the employe terminates the election under this subsection paragraph, at the same cost to the county as the county incurs for a similarly situated county employe. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is less than or equal to the cost for comparable coverage under ch. 40, if any, the state shall reimburse the county for that cost. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is greater than the cost for comparable coverage under ch. 40, the state shall reimburse the county for the cost of comparable coverage under ch. 40 and the county shall pay the remainder of the cost. The cost of comparable coverage under ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes in the office of the state public defender, as contained in budget determinations approved by the joint committee on finance or the legislature under the biennial budget act for the period during which the costs are incurred. An employe who makes the election under this subsection paragraph may terminate that election, and shall then be included within all insurance benefit plans under ch. 40, except that the department of employe trust funds may require prior written notice, not exceeding one year's duration, of an employe's intent to be included under any insurance benefit plan under ch. 40.

AB133-SSA1, s. 3211v Section 3211v. 978.12 (6) (b) of the statutes is created to read:

AB133-SSA1,1451,23 978.12 (6) (b) Beginning in the 1999-2000 fiscal year and ending in the 2003-04 fiscal year, the state shall in each fiscal year reduce its reimbursement of the employer's cost for fringe benefits under par. (a) by $80,000.

AB133-SSA1, s. 3212 Section 3212. 978.13 (1) (b) of the statutes is amended to read:

AB133-SSA1,1452,9 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $70,500 $75,200 in the 1997-98 1999-2000 fiscal year and $73,000 $77,500 in the 1998-99 2000-01 fiscal year.

AB133-SSA1, s. 3213 Section 3213. 978.13 (1) (c) of the statutes is amended to read:

AB133-SSA1,1452,20 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $88,500 $94,400 in the 1997-98 1999-2000 fiscal year and $91,600 $97,200 in the 1998-99 2000-01 fiscal year.

AB133-SSA1, s. 3213c Section 3213c. 978.13 (1) (d) of the statutes is created to read:

AB133-SSA1,1453,4 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed $51,300 in the 1999-2000 fiscal year and $64,400 in the 2000-01 fiscal year.

AB133-SSA1, s. 3221 Section 3221. 980.03 (4) of the statutes is amended to read:

AB133-SSA1,1453,22 980.03 (4) Whenever the a person who is the subject of the a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination under this chapter, he or she may retain experts or professional persons to perform an examination. If the person retains a qualified expert or professional person of his or her own choice to conduct an examination, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records as provided under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate in the trial or other proceeding on the person's behalf. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a court-appointed an expert or professional person appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person. An expert or professional person appointed to assist an indigent person who is subject to a petition may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter.

AB133-SSA1, s. 3223c Section 3223c. 980.05 (6) of the statutes is repealed.

AB133-SSA1, s. 3223h Section 3223h. 980.06 (1) of the statutes is renumbered 980.06 and amended to read:

AB133-SSA1,1454,6 980.06 Commitment. If a court or jury determines that the person who is the subject of a petition under s. 980.02 is a sexually violent person, the court shall order the person to be committed to the custody of the department for control, care and treatment until such time as the person is no longer a sexually violent person. A commitment order under this section shall specify that the person be placed in institutional care.

AB133-SSA1, s. 3223i Section 3223i. 980.06 (2) (a) of the statutes is repealed.

AB133-SSA1, s. 3223j Section 3223j. 980.06 (2) (b) of the statutes is repealed.

AB133-SSA1, s. 3223k Section 3223k. 980.06 (2) (c) of the statutes is repealed.

AB133-SSA1, s. 3223L Section 3223L. 980.06 (2) (d) of the statutes is renumbered 980.08 (6m) and amended to read:

AB133-SSA1,1455,16 980.08 (6m) An order for supervised release places the person in the custody and control of the department. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the plan for supervised release approved by the court under sub. (5). A person on supervised release is subject to the conditions set by the court and to the rules of the department. Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this paragraph subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified. If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 48 72 hours after the detention, excluding Saturdays, Sundays and legal holidays. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under s. 980.09 or until again placed on supervised release under s. 980.08 this section.

AB133-SSA1, s. 3230m Section 3230m. 980.065 (1m) of the statutes is amended to read:

AB133-SSA1,1455,22 980.065 (1m) The department may shall place a person committed to institutional care under s. 980.06 (2) (b) at a mental health unit or facility, including a the secure mental health unit or facility at established under s. 46.055, the Wisconsin resource center established under s. 46.056 or a secure mental health unit or facility provided by the department of corrections under sub. (2).

AB133-SSA1, s. 3231m Section 3231m. 980.065 (2) of the statutes is amended to read:

AB133-SSA1,1456,5 980.065 (2) The department may contract with the department of corrections for the provision of a secure mental health unit or facility for persons committed to institutional care under s. 980.06 (2) (b). The department shall operate a secure mental health unit or facility provided by the department of corrections under this subsection and shall promulgate rules governing the custody and discipline of persons placed by the department in the secure mental health unit or facility provided by the department of corrections under this subsection.

AB133-SSA1, s. 3232 Section 3232. 980.07 (1) of the statutes is amended to read:

AB133-SSA1,1456,17 980.07 (1) If a person has been committed under s. 980.06 and has not been discharged under s. 980.09, the department shall conduct an examination of his or her mental condition within 6 months after an initial commitment under s. 980.06 and again thereafter at least once each 12 months for the purpose of determining whether the person has made sufficient progress to be entitled to transfer to a less restrictive facility, to for the court to consider whether the person should be placed on supervised release or to discharge discharged. At the time of a reexamination under this section, the person who has been committed may retain or , if he or she is indigent and so requests, seek to have the court may appoint a qualified expert or a professional person to examine him or her an examiner as provided under s. 980.03 (4).

AB133-SSA1, s. 3232p Section 3232p. 980.08 (1) of the statutes is amended to read:

AB133-SSA1,1456,25 980.08 (1) Any person who is committed to institutional care under s. 980.06 may petition the committing court to modify its order by authorizing supervised release if at least 6 18 months have elapsed since the initial commitment order was entered, or at least 6 months have elapsed since the most recent release petition was denied or the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person's behalf at any time.

AB133-SSA1, s. 3233 Section 3233. 980.08 (3) of the statutes is amended to read:

AB133-SSA1,1457,13 980.08 (3) Within 20 days after receipt of the petition, the court shall appoint one or more examiners having the specialized knowledge determined by the court to be appropriate, who shall examine the person and furnish a written report of the examination to the court within 30 days after appointment. The examiners shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If any such examiner believes that the person is appropriate for supervised release under the criterion specified in sub. (4), the examiner shall report on the type of treatment and services that the person may need while in the community on supervised release. The county shall pay the costs of an examiner appointed under this subsection as provided under s. 51.20 (18) (a).