SB45: Bill Text

SB45,1361,2 977.08 (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. (b) based on their need to perform other assigned duties.

SB45, s. 3208 Section 3208. 978.03 (3) of the statutes is amended to read:

SB45,1361,9 978.03 (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.

SB45, s. 3209 Section 3209. 978.04 of the statutes is amended to read:

SB45,1361,17 978.04 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.

SB45, s. 3210 Section 3210. 978.043 of the statutes is created to read:

SB45,1362,3 978.043 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.

SB45, s. 3211 Section 3211. 978.05 (8) (b) of the statutes is amended to read:

SB45,1362,14 978.05 (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.

SB45, s. 3212 Section 3212. 978.13 (1) (b) of the statutes is amended to read:

SB45,1362,24 978.13 (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.

SB45, s. 3213 Section 3213. 978.13 (1) (c) of the statutes is amended to read:

SB45,1363,10 978.13 (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.

SB45, s. 3214 Section 3214. 980.01 (1) of the statutes is renumbered 980.01 (1s).

SB45, s. 3215 Section 3215. 980.01 (1L) and (1m) of the statutes are created to read:

SB45,1363,15 980.01 (1L) "Daily cost of institutional care" means the daily cost of programs and facilities for the control, care and treatment of a person placed at a secure mental health unit or facility specified in s. 980.065.

SB45,1363,18 (1m) "Daily cost of supervised release" means the daily cost of providing for all necessary programs and facilities for the control, care and treatment of a person on supervised release under this chapter.

SB45, s. 3216 Section 3216. 980.015 (2) (b) of the statutes is amended to read:

SB45,1363,23 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB45, s. 3217 Section 3217. 980.02 (1) (b) 2. of the statutes is amended to read:

SB45,1364,5 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

SB45, s. 3218 Section 3218. 980.02 (2) (ag) of the statutes is amended to read:

SB45,1364,14 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

SB45, s. 3219 Section 3219. 980.02 (4) (am) of the statutes is amended to read:

SB45,1364,21 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

SB45, s. 3220 Section 3220. 980.02 (4) (b) of the statutes is amended to read:

SB45,1365,2 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

SB45, s. 3221 Section 3221. 980.03 (4) of the statutes is amended to read:

SB45,1365,20 980.03 (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.

SB45, s. 3222 Section 3222. 980.04 (1) of the statutes is amended to read:

SB45,1366,9 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

SB45, s. 3223 Section 3223. 980.06 (2) (a) of the statutes is amended to read:

SB45,1366,25 980.06 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment that the person who is the subject of a petition under s. 980.02 is a sexually violent person is entered. If the court lacks sufficient information to make the determination required by par. (b) immediately after trial, it may adjourn the hearing and order the department to conduct submit a written report as to whether the criterion under par. (b) for institutional care is met. For purposes of preparing the report the department shall conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination, or both, to assist the court in framing the commitment order. A supplementary mental examination under this paragraph shall be conducted in accordance with s. 971.17 (2) (b) to (f) , or both, and may conduct any other investigation or inquiry that it considers appropriate to make the determinations required in the report. The report shall be based on the results of any predisposition investigation, supplementary mental examination and other investigation or inquiry conducted by the department.

SB45, s. 3224 Section 3224. 980.06 (2) (b) of the statutes is amended to read:

SB45,1367,7 980.06 (2) (b) An order for commitment under this section shall specify either institutional care or supervised release. Except as provided in par. (bt), the court shall order institutional care if it finds that it is substantially probable that the person will engage in acts of sexual violence unless the person resides in a facility with a level of security comparable to that of a secure mental health unit or facility specified in s. 980.065.

SB45,1367,24 (bm) In determining under par. (b) whether commitment shall be for institutional care or for supervised release, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. In deciding whether to order supervised release of person who is a serious child sex offender, the court may not consider, as a factor in making its decision, that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. 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 court's commitment order.

SB45, s. 3225 Section 3225. 980.06 (2) (bt) of the statutes is created to read:

SB45,1368,11 980.06 (2) (bt) If a court determines under par. (b) that it is substantially probable that the person will engage in acts of sexual violence unless he or she resides in a facility with a level of security comparable to that of a secure mental health unit or facility specified in s. 980.065, but the person establishes that it is likely that the daily cost of supervised release under a plan providing for the person to reside in a secure facility would not exceed the daily cost of institutional care for the person, then the court may withhold final determination of the commitment order and order the department to prepare a supervised release plan under par. (c). After preparation of a supervised release plan ordered under this paragraph, the proceedings shall continue as provided under pars. (cm), (cr), (cs) and (ct), as appropriate.

SB45, s. 3226 Section 3226. 980.06 (2) (c) of the statutes is amended to read:

SB45,1369,2 980.06 (2) (c) If the court finds under par. (b) that the person is appropriate for supervised release or orders preparation of a supervised release plan under par. (bt), the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed, unless that county is also the person's county of residence.

SB45,1369,14 (cg) The plan prepared under par. (c) shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. If the plan was ordered to be prepared under par. (bt), the plan shall include information concerning the daily cost of supervised release under the plan and the daily cost of institutional care for the person.

SB45,1370,16 (cm) 2. The plan prepared under par. (c) shall be presented to the court for its approval within 21 days after the court finding finds that the person is appropriate for supervised release under par. (b) or orders preparation of the plan under par. (bt), unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons are detained or evaluated under s. 980.04 or in which persons committed to institutional care under this chapter are placed, unless that county is also the person's county of residence. The court shall hold a hearing on the plan within 30 days after the plan is presented to the court, unless the department, county department and person to be released agree to a later hearing date. At least 10 days before the hearing under this subdivision, the court shall give written notice of the hearing to the person to be released, the district attorney or department of justice, whichever is applicable, the department, the county department that prepared the plan, the chief executive officer of the county in which the person would reside under the plan and the chief executive officer of the city, village or town in which the person would reside under the plan. The person, the district attorney or the attorney general, whichever is applicable, and any chief executive officer who receives notice of the hearing, or the chief executive officer's designee, may present evidence at the hearing. The county department that prepared the plan and the department may, and upon request of the court shall, present evidence at the hearing.

SB45, s. 3227 Section 3227. 980.06 (2) (cm) 1. of the statutes is created to read:

SB45,1370,20 980.06 (2) (cm) 1. In this paragraph, "chief executive officer" means a mayor, city manager, village president, town chairperson, county executive or chairperson of the county board of supervisors.

SB45, s. 3228 Section 3228. 980.06 (2) (cr), (cs), (ct), (cu) and (cv) of the statutes are created to read:

SB45,1371,8 980.06 (2) (cr) Based on the provisions of the plan and on the evidence presented at the hearing under par. (cm) 2., the court shall determine whether the plan provides adequate treatment and services to the person and adequate protection to the community. If the court finds that the plan does not provide adequate treatment and services to the person or adequate protection to the community, the court shall issue a written decision and order disapproving the plan and shall proceed under par. (cs). If the court finds that the plan provides either adequate treatment and services to the person or adequate protection to the community, the court shall, except as provided in par. (ct), issue a written decision and order approving the plan and placing the person on supervised release in the county that prepared the plan.

SB45,1371,13 (cs) If the court disapproves a supervised release plan under par. (cr), it shall order the department and the county department that prepared the plan to revise the plan and present it to the court by a date specified by the court. The court shall hold a hearing on the revised plan and make a determination as to whether to approve or disapprove the plan as provided under pars. (cm) 2. and (cr).

SB45,1371,23 (ct) If a supervised release plan that satisfies the criteria under par. (cr) was ordered to be prepared under par. (bt), the court may approve the plan and order the person placed on supervised release under par. (cr) only if, based on the provisions of the plan and on the evidence presented at the hearing under par. (cm) 2., the court determines that the daily cost of supervised release would not exceed the daily cost of institutional care. If the daily cost of supervised release would exceed the daily cost of institutional care, the court shall disapprove the supervised release plan and order the person to be placed in institutional care. The court may not order a supervised released plan disapproved under this paragraph to be revised under par. (cs).

SB45,1372,3 (cu) If the court approves a supervised release plan under par. (cr), the court shall send a copy of its decision and order approving the plan to the chief executive officers who received notice of the hearing on the plan under par. (cm) 2.

SB45,1372,9 (cv) The county department that prepared the plan and the department shall implement a plan approved by the court under par. (cr). In implementing the plan, the department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The department may request the court to make such orders as are necessary to ensure implementation of the plan.

SB45, s. 3229 Section 3229. 980.06 (2) (d) of the statutes is amended to read:

SB45,1373,14 980.06 (2) (d) 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 par. (cr) or s. 980.08 (5) (d), whichever is applicable. 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 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 hours after the detention. 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.

SB45, s. 3230 Section 3230. 980.065 (1m) of the statutes is amended to read:

SB45,1373,20 980.065 (1m) The department may shall place a person committed to institutional care under s. 980.06 (2) (b) or (ct) 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).

SB45, s. 3231 Section 3231. 980.065 (2) of the statutes is amended to read:

SB45,1374,3 980.065 (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) or (ct). 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.

SB45, s. 3232 Section 3232. 980.07 (1) of the statutes is amended to read:

SB45,1374,15 980.07 (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).

SB45, s. 3233 Section 3233. 980.08 (3) of the statutes is amended to read:

SB45,1375,3 980.08 (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) (a), 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).

SB45, s. 3234 Section 3234. 980.08 (4) of the statutes is renumbered 980.08 (4) (a) and amended to read:

SB45,1375,14 980.08 (4) (a) The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18) (b), (c) and (d). The court shall grant the petition unless the state proves by clear and convincing evidence that the person is still a sexually violent persons and that it is still substantially probable that the person will engage in acts of sexual violence if the person is not continued in institutional care does not reside in a facility with a level of security comparable to a secure mental health unit or facility under s. 980.065.

SB45,1376,3 (b) In making a decision under this subsection par. (a), the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. A decision under this subsection paragraph on a petition filed by a person who is a serious child sex offender may not be made based on the fact that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or on the fact that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

SB45, s. 3235 Section 3235. 980.08 (4) (c) of the statutes is created to read:

SB45,1376,15 980.08 (4) (c) If a court determines under par. (a) that the person is still a sexually violent person and that it is substantially probable that the person will engage in acts of sexual violence unless he or she resides in a facility with a level of security comparable to that of a secure mental health unit or facility specified in s. 980.065, but the person establishes that it is likely that the daily cost of supervised release under a plan providing for the person to reside in a secure facility would not exceed the daily cost of institutional care for the person, then the court may withhold final determination of the person's petition and order the department to prepare a supervised release plan under sub. (5) (a). After preparation of a supervised release plan ordered under this paragraph, the proceedings shall continue as provided under sub. (5) (c), (d), (de) and (dm), as appropriate.

SB45, s. 3236 Section 3236. 980.08 (5) of the statutes is renumbered 980.08 (5) (a) and amended to read:

SB45,1377,7 980.08 (5) (a) If the court finds under sub. (4) (a) that the person is appropriate for supervised release or orders preparation of a supervised release plan under sub. (4) (c), the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed, unless that county is also the person's county of residence.

SB45,1377,19 (b) The plan prepared under par. (a) shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. If the plan was ordered to be prepared under sub. (4) (c), the plan shall include information concerning the daily cost of supervised release under the plan and the daily cost of institutional care for the person.

SB45,1378,20 (c) 2. The plan prepared under par. (a) shall be presented to the court for its approval within 60 days after the court finding finds that the person is appropriate for supervised release under sub. (4) (a) or orders preparation of the plan under sub. (4) (c), unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence. The court shall hold a hearing on the plan within 30 days after the plan is presented to the court, unless the department, county department and person to be released agree to a later hearing date. At least 10 days before the hearing under this subdivision, the court shall give written notice of the hearing to the person to be released, the district attorney or department of justice, whichever is applicable, the department, the county department that prepared the plan, the chief executive officer of the county in which the person would reside under the plan and the chief executive officer of the city, village or town in which the person would reside under the plan. The person, the district attorney or the attorney general, whichever is applicable, and any chief executive officer who receives notice of the hearing, or the chief executive officer's designee, may present evidence at the hearing. The county department that prepared the plan and the department may, and upon request of the court shall, present evidence at the hearing.

SB45, s. 3237 Section 3237. 980.08 (5) (c) 1. of the statutes is created to read:

SB45,1378,24 980.08 (5) (c) 1. In this paragraph, "chief executive officer" means a mayor, city manager, village president, town chairperson, county executive or chairperson of the county board of supervisors.

SB45, s. 3238 Section 3238. 980.08 (5) (d), (de), (dm), (ds) and (e) of the statutes are created to read:

SB45,1379,12 980.08 (5) (d) Based on the provisions of the plan and on the evidence presented at the hearing under par. (c) 2., the court shall determine whether the plan provides adequate treatment and services to the person and adequate protection to the community. If the court finds that the plan does not provide either adequate treatment and services to the person or adequate protection to the community, the court shall issue a written decision and order disapproving the plan and shall proceed under par. (de). If the court finds that the plan provides adequate treatment and services to the person and adequate protection to the community, the court shall, except as provided in par. (dm), issue a written decision and order approving the plan and placing the person on supervised release in the county that prepared the plan.

SB45,1379,17 (de) If the court disapproves a supervised release plan under par. (d), it shall order the department and the county department that prepared the plan to revise the plan and present it to the court by a date specified by the court. The court shall hold a hearing on the revised plan and make a determination as to whether to approve or disapprove the plan as provided under pars. (c) 2. and (d).

SB45,1380,2 (dm) If a supervised release plan that satisfies the criteria under par. (d) was ordered to be prepared under sub. (4) (c), the court may approve the plan and order the person placed on supervised release under par. (d) only if, based on the provisions of the plan and on the evidence presented at the hearing under par. (c) 2., the court determines that the daily cost of supervised release would not exceed the daily cost of institutional care. If the daily cost of supervised release would exceed the daily cost of institutional care, the court shall disapprove the supervised release plan and deny the person's petition for supervised release. The court may not order a supervised released plan disapproved under this paragraph to be revised under par. (de).

SB45,1380,5 (ds) If the court approves a supervised release plan under par. (d), the court shall send a copy of its decision and order approving the plan to the chief executive officers who received notice of the hearing on the plan under par. (c) 2.

SB45,1380,11 (e) The county department that prepared the plan and the department shall implement a plan approved by the court under par. (d). In implementing the plan, the department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The department may request the court to make such orders as are necessary to ensure implementation of the plan.

SB45, s. 3239 Section 3239. 980.12 (1) of the statutes is amended to read:

SB45,1380,16 980.12 (1) The Except as provided in ss. 980.03 (4) and 980.08 (3), the department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all costs relating to the evaluation, treatment and care of persons evaluated or committed under this chapter.

SB45, s. 3240 Section 3240. 985.01 (1) of the statutes is renumbered 985.01 (1m).

SB45, s. 3241 Section 3241. 985.01 (1g) of the statutes is created to read:

SB45,1380,20 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a family care district board under s. 46.2895.

SB45, s. 3242 Section 3242. 985.01 (3) of the statutes is amended to read:

SB45,1380,24 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and "governing body" the meaning in s. 345.05 (1) (b) with reference to such municipality includes a family care district under s. 46.2895.

SB45, s. 3243 Section 3243. 992.21 of the statutes is created to read:

SB45,1381,5 992.21 Actions by division of savings and loan validated. Any action taken by the division of savings and loan between July 1, 1996, and the effective date of this section .... [revisor inserts date], under the name of the division of savings institutions has the same force and effect in all respects as if the action had been taken under the name of the division of savings and loan.

SB45, s. 3244 Section 3244. Laws of 1929, chapter 151, section 1 is amended to read:

SB45,1381,19 [Laws of 1929, chapter 151] Section 1. All the right, title and interest of the state of Wisconsin in the lands hereinafter described, whether any part or parcel thereof may be, at the time of the passage and publication of this act, dry or submerged under the waters of Lake Michigan are hereby ceded, granted and confirmed to the city of Milwaukee, a municipal corporation, for the purpose of improving, filling, and utilizing the same for public park purposes or in aid of navigation and the fisheries, in any manner the said city may deem expedient, and particularly for the purpose of. Such land may also be used for the purpose of establishing and maintaining thereon breakwaters, bulkheads, piers, wharves, warehouses, transfer sheds, railway tracks, airports, and other harbor facilities, together with such other uses not inconsistent with the improvement of navigation and fisheries in Lake Michigan, and the navigable waters tributary thereto, as said city may deem expedient.

SB45, s. 3245 Section 3245. Laws of 1929, chapter 151, section 3 is amended to read: