979.08 (1) When the evidence is concluded and the testimony closed, the judge or court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The attorney general or district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or court commissioner who, together with the attorney general or district attorney, shall compile the final set of instructions which
that shall be given. The instructions shall include those criminal offenses for which the judge or court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.
979.08 (5) of the statutes is amended to read:
979.08 (5) The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the attorney general or district attorney.
979.08 (6) of the statutes is amended to read:
979.08 (6) Any verdict so rendered, after being validated and signed by the judge or court commissioner, together with the record of the inquest, shall be delivered to the attorney general or district attorney for consideration. After considering the verdict and record, the attorney general or district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.
979.09 of the statutes is amended to read:
979.09 Burial of body. If any judge or court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed, or if the attorney general or district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The If the district attorney or circuit court ordered the inquest, charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury. If the attorney general ordered the inquest, charges and expenses, except as provided under s. 979.11, shall be audited and paid by the department of justice.
979.10 (2) of the statutes is amended to read:
979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the attorney general's or district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the attorney general or district attorney the coroner or medical examiner shall obtain the concurrence of the attorney general or district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the attorney general and district attorney under s. 979.04 (2).
979.11 of the statutes is amended to read:
979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the attorney general or district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.
980.065 (1r) of the statutes is created to read:
980.065 (1r) Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health and family services.
980.067 of the statutes is created to read:
980.067 Activities off grounds. The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health and family services shall promulgate rules for the administration of this section.
980.08 (5) of the statutes is amended to read:
980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105. 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. The plan 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. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). 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. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, 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.
980.101 of the statutes is created to read:
980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect. (1) In this section, "judgment relating to a sexually violent offense" means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.
(2) If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:
(a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody or supervision of the department.
(b) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.
(3) An appeal may be taken from an an order entered under sub. (2) as from a final judgment.
980.105 of the statutes is amended to read:
980.105 Determination of county of residence. The court department shall determine a person's county of residence for the purposes of this chapter by doing all of the following:
(1) The court department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
(2) The court department shall apply the criteria for consideration of residence and physical presence under sub. (1) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement or commitment that was in effect when the petition was filed under s. 980.02.
990.01 (39) of the statutes is created to read:
990.01 (39) Southern state forest. "Southern state forest" means a state forest that is located within the region specified in s. 25.28 (3) (am).
992.14 of the statutes is created to read:
992.14 Revenue limit agreement. Notwithstanding s. 121.91, if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) (e), and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district's revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.
[1997 Wisconsin Act 4
] Section 4 (1) (a)
Notwithstanding 1995 Wisconsin Act 27
, section 9126 (23)
and (26v), the department of corrections may, from July 1, 1997, until July 1, 2001 2003
, operate the secured correctional facility, as defined in section 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27
, section 9126 (26v)
, as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.
[1997 Wisconsin Act 27
] Section 9101
(11m) Report by land information board and Wisconsin land council.
No later than September 1, 2002
, the land information board and Wisconsin land council shall report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor concerning the issue of continuation of their functions, including the feasibility of combination of their functions.
[1997 Wisconsin Act 27
] Section 9456
(3m) Elimination of land information board and Wisconsin land council
. The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section
142am), 20.505 (1) (title) (by Section
666h), 20.505 (1) (ka) (by Section
669am), 23.27 (3) (a) (by Section
769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.43 (2) (ag) 1. and (e),
59.72 (1) (a) and (b), (3) (intro.), (a) and (b) and (5) and 92.10 (4) (a) of the statutes, the repeal of sections 16.966 (1), (2)
(4) and (5)
, 16.967, 20.505 (1) (ie), (ig), (ij) and (ks), 23.32 (2) (d), 59.43 (1) (u) and 59.72 (1) (am), (3) (c) and (4) of the statutes and Section
9101 (1) of this act take effect on September 1,
[1997 Wisconsin Act 154
] Section 3 (2) Joint committee on finance review.
The department of health and family services shall submit the report under subsection (1) to the joint committee on finance of the legislature for its review under section 13.10 of the statutes. The department of health and family services may not submit the rules under section 146.56 (2) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 of the statutes until the joint committee on finance approves the report under subsection (1).
[1999 Wisconsin Act 9
] Section 9123 (3) (a) From the appropriations under section 20.435 (6) (a) of the statutes, as affected by this act, and section 20.435 (6) (n) appropriation account under section 20.435 (7) (md)
of the statutes, the department of health and family services shall expend up to $398,000 in state fiscal year 2001-02 and up to $38,000 in state fiscal year 2002-03 to
contract with counties or federally recognized American Indian tribes or bands to provide up to 4 demonstration projects in state fiscal year 2000-01, except that the department is not precluded from also awarding funds for this purpose under section 46.54 of the statutes, as affected by this act
. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency,
or both mental illness and alcohol or other drug dependency.
[1999 Wisconsin Act 9
] Section 9150 (3bm) Contracting for design or construction of light rail prohibited.
Notwithstanding any other provision of chapter 59, 60, 61, 62 or 66 of the statutes, no governing body of any city, village, town or county and no agency, corporation, instrumentality or subunit of a city, village, town or county, may enter into a contract for any purpose related to a light rail mass transit system after the effective date of this subsection
if the cost of any of the contracted items would be paid for by, or reimbursed with, federal funds received under P.L. 102-240
, section 1045, or P.L. 105-277
, section 373, or any funds received from the state. This subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This subsection does not apply after June 30, 2001 2002
[1999 Wisconsin Act 9
] Section 9357 (3) Assignment of receiving and disbursing fees
. The treatment of sections 767.265 (1), (2h) (by Section
3059) and (2r) and 767.29 (1) (d) (intro.), 1. and 2. of the statutes and the amendment of section 767.265 (1m)
of the statutes first apply applies
to annual receiving and disbursing fees that are ordered on the effective date of this subsection.