SB388, s. 24 8Section 24. 972.15 (4) of the statutes is amended to read:
SB388,13,129 972.15 (4) After sentencing, unless otherwise authorized under sub. subs. (5)
10and (6) or ordered by the court, the presentence investigation report shall be
11confidential and shall not be made available to any person except upon specific
12authorization of the court.
SB388, s. 25 13Section 25. 972.15 (6) of the statutes is created to read:
SB388,13,1614 972.15 (6) The presentence investigation report and any information contained
15in it may be used by any of the following persons in an evaluation, examination,
16hearing, trial or other proceeding under ch. 980:
SB388,13,1717 (a) The department of corrections.
SB388,13,1818 (b) The department of health and family services.
SB388,13,2019 (c) The person who is the subject of the presentence investigation report, his
20or her attorney or an agent or employe of the attorney.
SB388,13,2121 (d) The attorney representing the state or an agent or employe of the attorney.
SB388,13,2322 (e) An expert or professional person who has been retained or appointed to
23evaluate or examine the subject of the presentence investigation report.
SB388, s. 26 24Section 26. 980.015 (title) of the statutes is amended to read:
SB388,14,3
1980.015 (title) Notice Evaluations of persons who may meet
2commitment criteria; notice
to the department of justice and district
3attorney.
SB388, s. 27 4Section 27. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and
5amended to read:
SB388,14,66 980.015 (1) (intro.) In this section, "agency and s. 980.02:
SB388,14,8 7(a) "Agency with jurisdiction" means the agency with the authority or duty to
8release or discharge the person.
SB388, s. 28 9Section 28. 980.015 (1) (b) (intro.) of the statutes is created to read:
SB388,14,1110 980.015 (1) (b) (intro.) "Anticipated release date" means whichever of the
11following is applicable:
SB388, s. 29 12Section 29. 980.015 (2) (intro.) of the statutes is renumbered 980.015 (2) (am)
13and amended to read:
SB388,14,2514 980.015 (2) (am) If an agency with jurisdiction has control or custody over a
15person who meets any of the criteria specified in s. 980.02 (2) (a), the agency with
16jurisdiction shall, no later than 180 days before the anticipated release date of the
17person, evaluate whether the person
may meet the criteria for commitment as a
18sexually violent person or whether the person does not meet the criteria for
19commitment as a sexually violent person. No later than 15 days after the completion
20of its evaluation
, the agency with jurisdiction shall inform each appropriate district
21attorney specified under s. 980.02 (1) (b) and the department of justice regarding the
22person as soon as possible beginning 3 months prior to the applicable date of the
23following:
whether the agency with jurisdiction has determined whether the person
24may meet the criteria for commitment or whether the person does not meet the
25criteria for commitment.
SB388, s. 30
1Section 30. 980.015 (2) (a) of the statutes is renumbered 980.015 (1) (b) 1. and
2amended to read:
SB388,15,53 980.015 (1) (b) 1. The anticipated date of discharge from a sentence, anticipated
4date of release on parole or extended supervision or anticipated date of release from
5imprisonment of a person who has been convicted of a sexually violent offense.
SB388, s. 31 6Section 31. 980.015 (2) (b) of the statutes, as affected by 1999 Wisconsin Act
79
, is renumbered 980.015 (1) (b) 2. and amended to read:
SB388,15,128 980.015 (1) (b) 2. The anticipated date of release from a secured correctional
9facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
10in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person
11adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent
12offense.
SB388, s. 32 13Section 32. 980.015 (2) (bm) of the statutes is created to read:
SB388,16,214 980.015 (2) (bm) If an agency with jurisdiction determines in an evaluation
15under par. (am) that the person may meet the criteria for commitment as a sexually
16violent person, the agency with jurisdiction shall obtain a special purpose evaluation
17of the person by a qualified expert or professional person, who shall make a
18recommendation as to whether a commitment proceeding under this chapter should
19be initiated. A qualified expert or professional person who conducts a special purpose
20evaluation under this paragraph shall make a written report of his or her evaluation
21to the agency with jurisdiction no later than 120 days before the anticipated release
22date of the person. The report shall specify the recommendation of the qualified
23expert or professional person and the bases for the recommendation. The agency
24with jurisdiction shall, no later than 5 days after it receives the report, provide each
25district attorney specified under s. 980.02 (1) (b) and the department of justice with

1a copy of the report of the qualified expert or professional person who conducted the
2special purpose evaluation.
SB388, s. 33 3Section 33. 980.015 (2) (c) of the statutes is renumbered 980.015 (1) (b) 3. and
4amended to read:
SB388,16,75 980.015 (1) (b) 3. The anticipated date of termination or discharge of the
6commitment
of a person who has been found not guilty of a sexually violent offense
7by reason of mental disease or defect under s. 971.17.
SB388, s. 34 8Section 34. 980.015 (3) (intro.) of the statutes is amended to read:
SB388,16,139 980.015 (3) (intro.) The When informing a district attorney and the department
10of justice of its evaluation under sub. (2) (am) and, if applicable, when providing a
11copy of the report of a special purpose evaluation conducted under sub. (2) (bm), the

12agency with jurisdiction shall provide the district attorney and department of justice
13with all of the following:
SB388, s. 35 14Section 35. 980.015 (3) (b) of the statutes is amended to read:
SB388,16,1915 980.015 (3) (b) If applicable, Copies of or access to documentation of in the
16possession of the agency with jurisdiction relating to the person, including
any
17treatment records, as defined in s. 51.30 (1) (b), health care records, as defined in s.
18146.82 (2) (c),
and records concerning the person's adjustment to and conduct in any
19institutional placement.
SB388, s. 36 20Section 36. 980.015 (3m) of the statutes is created to read:
SB388,17,421 980.015 (3m) (a) A qualified expert or professional person who conducts a
22special purpose evaluation under sub. (2) (bm) shall have reasonable access to the
23person for the purpose of the evaluation. The expert or professional person shall also
24have access to the person's past and present treatment records, as defined in s. 51.30
25(1) (b), past and present patient health care records, as provided under s. 146.82 (2)

1(c), and past and present correctional records, as provided under ss. 301.355 and
2938.78 (2) (e), and to the records of a court assigned to exercise jurisdiction under ch.
3938, as provided under s. 938.396 (2) (e), and presentence investigation reports, as
4provided under s. 972.15 (6).
SB388,17,125 (b) A qualified expert or professional person who conducts a special purpose
6evaluation under sub. (2) (bm) shall, when requested to do so, provide a district
7attorney who receives a copy of the report of the special purpose evaluation and the
8department of justice with copies of or access to any documentation used by the
9expert or professional person in preparing the report, including any treatment
10records, as defined in s. 51.30 (1) (b), health care records, as defined in s. 146.82 (2)
11(c), correctional records, records of a court assigned to exercise jurisdiction under ch.
12938 and presentence investigation reports.
SB388, s. 37 13Section 37. 980.015 (3r) of the statutes is created to read:
SB388,17,1914 980.015 (3r) For purposes of evaluating a case to decide whether to initiate
15commitment proceedings under this chapter or for the purpose of conducting a
16commitment proceeding under this chapter, a district attorney specified under s.
17980.02 (1) (b) or the department of justice may request copies of or access to all of the
18following concerning a person who is the subject of an evaluation by an agency with
19jurisdiction under sub. (2) (am):
SB388,17,2120 (a) Files and records of court proceedings under ch. 51, as provided under s.
2151.30 (3) (bm).
SB388,17,2522 (b) If the person has been adjudicated delinquent for a sexually violent offense,
23law enforcement agency records, as provided under s. 938.396 (1k), records of a court
24assigned to exercise jurisdiction under ch. 938, as provided under s. 938.396 (2) (e),
25and records of the department of corrections, as provided under s. 938.78 (2) (e).
SB388,18,1
1(c) Correctional records, as provided under s. 301.355.
SB388,18,22 (d) A presentence investigation report, as provided under s. 972.15 (6).
SB388, s. 38 3Section 38. 980.015 (3x) of the statutes is created to read:
SB388,18,174 980.015 (3x) A district attorney specified under s. 980.02 (1) (b) or the
5department of justice may, at any time after it receives notification of the evaluation
6of an agency with jurisdiction under sub. (2) (am), retain a qualified expert or
7professional person to evaluate the person who is the subject of the agency's
8evaluation. If a district attorney or the department of justice retains a qualified
9expert or professional person to conduct an evaluation of a person under this
10subsection, the examiner shall have reasonable access to the person for the purpose
11of the evaluation. The expert or professional person shall also have access to the
12person's past and present treatment records, as defined in s. 51.30 (1) (b), past and
13present patient health care records, as provided under s. 146.82 (2) (c), and past and
14present correctional records, as provided under ss. 301.355 and 938.78 (2) (e), and
15to the records of a court assigned to exercise jurisdiction under ch. 938, as provided
16under s. 938.396 (2) (e), and presentence investigation reports, as provided under s.
17972.15 (6).
SB388, s. 39 18Section 39. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
19to read:
SB388,18,2320 980.14 (2) Any agency or, officer, employe or agent of an agency or qualified
21expert or professional person retained or appointed to evaluate or examine a person
22under this chapter
is immune from criminal or civil liability for any acts or omissions
23as the result of a good faith effort to comply with any provision of this section chapter.
SB388, s. 40 24Section 40. 980.02 (1) (intro.) of the statutes is amended to read:
SB388,19,2
1980.02 (1) (intro.) A petition alleging that a person is a sexually violent person
2may be filed by one of the following in accordance with the specified procedure:
SB388, s. 41 3Section 41. 980.02 (1) (a) of the statutes is amended to read:
SB388,19,164 980.02 (1) (a) The department of justice at the request of. If the agency with
5jurisdiction, as defined in s. 980.015 (1), over the person determined in an evaluation
6under s. 980.015 (2) (am) that the person does not meet the criteria for commitment,
7the department of justice shall decide whether to file a petition under this paragraph,
8and shall inform the district attorneys specified under par. (b) of its decision, no later
9than 45 days after it receives notice of the agency's evaluation. If the agency with
10jurisdiction over the person obtained a special purpose evaluation of the person
11under s. 980.015 (2) (bm), the department of justice shall decide whether to file a
12petition under this paragraph, and shall inform the district attorneys specified
13under par. (b) of its decision, no later than 30 days after it receives a copy of the report
14of the special purpose evaluation
. If the department of justice decides to file a
15petition under this paragraph, it shall file the petition before the date of the release
16or discharge of the person.
SB388, s. 42 17Section 42. 980.02 (1) (b) (intro.) of the statutes is amended to read:
SB388,19,1918 980.02 (1) (b) (intro.) If the department of justice does decides not to file a
19petition under par. (a), the district attorney for one of the following:
SB388, s. 43 20Section 43. 980.03 (2) (intro.) of the statutes is amended to read:
SB388,19,2321 980.03 (2) (intro.) Except as provided in ss. 980.09 (2) (a) and 980.10 and
22without
Without limitation by enumeration, at any hearing under this chapter, the
23person who is the subject of the petition has the right to:
SB388, s. 44 24Section 44. 980.03 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is
25renumbered 980.031 (1) and amended to read:
SB388,20,7
1980.031 (1) Whenever a person who is the subject of a petition filed under s.
2980.02 or who has been committed under s. 980.06 is required to submit to an
3examination or reexamination under this chapter, he or she may retain experts or
4professional persons to perform an examination. If the person is indigent, the court
5shall, upon the person's request, appoint a qualified and available expert or
6professional person to perform an examination and participate on the person's behalf
7in a trial or other proceeding under this chapter.
SB388,20,21 8(3) If the person a party retains or the court appoints a qualified expert or
9professional person of his or her own choice to conduct an examination of a person
10who is the subject of a petition filed under s. 980.02 or who has been committed under
11s. 980.06
, the examiner expert or professional person shall have reasonable access
12to the person for the purpose of the examination, as well as. The expert or
13professional person shall also have access
to the person's past and present treatment
14records, as defined in s. 51.30 (1) (b), and past and present patient health care records
15as provided under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the
16person's request, appoint a qualified and available expert or professional person to
17perform an examination and participate in the trial or other proceeding on the
18person's behalf.
, and past and present correctional records, as provided under ss.
19301.355 and 938.78 (2) (e), and to the records of a court assigned to exercise
20jurisdiction under ch. 938, as provided under s. 938.396 (2) (e), and presentence
21investigation reports, as provided under s. 972.15 (6).
SB388,20,25 22(4) Upon the order of the circuit court, the county shall pay, as part of the costs
23of the action, the costs of an expert or professional person appointed by a court under
24this subsection sub. (1) to perform an examination and participate in the trial or
25other proceeding on behalf of an indigent person.
SB388,21,4
1(5) An expert or professional person retained by either party or appointed to
2assist an indigent person who is subject to a petition
by the court under sub. (1) may
3not be subject to any order by the court for the sequestration of witnesses at any
4proceeding under this chapter.
SB388, s. 45 5Section 45. 980.03 (5) of the statutes is renumbered 980.038 (1) and amended
6to read:
SB388,21,107 980.038 (1) Testimony by telephone or live audiovisual means. Upon a
8showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
9received into the record of a hearing under this section chapter by telephone or live
10audiovisual means.
SB388, s. 46 11Section 46. 980.031 (title) of the statutes is created to read:
SB388,21,12 12980.031 (title) Examinations.
SB388, s. 47 13Section 47. 980.031 (2) of the statutes is created to read:
SB388,21,1714 980.031 (2) The department of justice or a district attorney, whichever is
15applicable, may retain an expert or professional person to examine a person who is
16the subject of a petition under s. 980.02 or who has been committed under s. 980.06
17and to testify at trial or at any other proceeding under this chapter.
SB388, s. 48 18Section 48. 980.036 of the statutes is created to read:
SB388,21,19 19980.036 Discovery and inspection. (1) Definitions. In this section:
SB388,21,2120 (a) "Person subject to this chapter" means a person who is subject to a petition
21filed under s. 980.02 or a person who has been committed under s. 980.06.
SB388,21,2322 (b) "Prosecuting attorney" means an attorney representing the state in a
23proceeding under this chapter.
SB388,22,4 24(2) What a prosecuting attorney must disclose to a person subject to this
25chapter.
Upon demand, a prosecuting attorney shall, within a reasonable time

1before a trial or other proceeding under this chapter, disclose to a person subject to
2this chapter or the person's attorney and permit the person or the person's attorney
3to inspect and copy or photograph all of the following materials and information, if
4the material or information is within the possession, custody or control of the state:
SB388,22,75 (a) Any written or recorded statement made by the person concerning the
6allegations in the petition filed under s. 980.02 or concerning other matters at issue
7in the proceeding and the names of witnesses to the person's written statements.
SB388,22,108 (b) A written summary of all oral statements of the person that the prosecuting
9attorney plans to use in the course of the trial or other proceeding and the names of
10witnesses to the person's oral statements.
SB388,22,1211 (c) Any information obtained by the prosecutor under s. 980.015 (3) (b), (3m)
12(b), (3r) or (3x).
SB388,22,1413 (d) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
14prosecuting attorney intends to use the evidence at trial.
SB388,22,1515 (e) A copy of the person's criminal record.
SB388,22,1816 (f) A list of all witnesses, and their addresses, whom the prosecuting attorney
17intends to call at the trial. This paragraph does not apply to rebuttal witnesses or
18those called for impeachment only.
SB388,22,2019 (g) Any relevant written or recorded statements of a witness named on a list
20under par. (f), including all of the following:
SB388,22,2121 1. Any videotaped oral statement of a child under s. 908.08.
SB388,22,2322 2. Any reports or statements made in connection with the case by a person who
23conducts an evaluation or examination under this chapter.
SB388,23,3
13. If a person specified in subd. 2. does not prepare a report or statement, a
2written summary of the person's findings or the subject matter of his or her
3testimony.
SB388,23,84 (h) The results of any physical or mental examination, scientific test,
5experiment or comparison that the prosecuting attorney intends to offer in evidence
6at trial, and any test results, facts and data that were collected during and considered
7as part of any evaluation or examination under this chapter and that the prosecuting
8attorney intends to offer in evidence at a trial or other proceeding under this chapter.
SB388,23,109 (i) The criminal record of a witness for the state which is known to the
10prosecuting attorney.
SB388,23,1211 (j) Any physical evidence that the prosecuting attorney intends to offer in
12evidence at a trial or other proceeding under this chapter.
SB388,23,1313 (k) Any exculpatory evidence.
SB388,23,19 14(3) What a person subject to this chapter must disclose to the prosecuting
15attorney.
Upon demand, a person who is subject to this chapter or the person's
16attorney shall, within a reasonable time before trial or other proceeding under this
17chapter, disclose to the prosecuting attorney and permit the prosecuting attorney to
18inspect and copy or photograph all of the following materials and information, if the
19material or information is within the possession, custody or control of the person:
SB388,23,2320 (a) A list of all witnesses, other than the person, whom the person intends to
21call at trial or other proceeding under this chapter, together with their addresses.
22This paragraph does not apply to rebuttal witnesses or those called for impeachment
23only.
SB388,24,324 (b) Any relevant written or recorded statements of a witness named on a list
25under par. (a), including any reports or statements made in connection with the case

1by a witness who conducted an examination under s. 980.031 or, if the witness does
2not prepare a report or statement, a written summary of the findings of the witness
3or the subject matter of his or her testimony.
SB388,24,94 (c) The results of any physical or mental examination, scientific test,
5experiment or comparison that the person intends to offer in evidence at trial or other
6proceeding under this chapter, and any test results, facts and data that were
7collected during and evaluated as part of an examination under s. 980.031 and that
8form the basis for an opinion contained in a report, statement or written summary
9disclosed under par. (b).
SB388,24,1110 (d) The criminal record of a witness named on a list under par. (a) that is known
11to the person's attorney.
SB388,24,1312 (e) Any physical evidence that the person intends to offer in evidence at the trial
13or other proceeding under this chapter.
SB388,24,17 14(4) Comment or instruction on failure to call witness. No comment or
15instruction regarding the failure to call a witness at the trial shall be made or given
16if the sole basis for such comment or instruction is the fact the name of the witness
17appears upon a list furnished pursuant to this section.
SB388,24,21 18(5) Testing or analysis of evidence. On motion of a party, the court may order
19the production of any item of evidence or data that is intended to be introduced at
20the trial for testing or analysis under such terms and conditions as the court
21prescribes.
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