SB55-SSA1-SA2,649,13 13" Section 4034ycc. 980.01 (1) of the statutes is renumbered 980.01 (1r).
SB55-SSA1-SA2, s. 4034ycd 14Section 4034ycd. 980.01 (1g) of the statutes is created to read:
SB55-SSA1-SA2,649,1615 980.01 (1g) "County department" means a county department of community
16programs created in accordance with s. 51.42 (3) (a).
SB55-SSA1-SA2, s. 4034yce 17Section 4034yce. 980.01 (1m) of the statutes is created to read:
SB55-SSA1-SA2,649,2018 980.01 (1m) "County of residence" means the county in which a person is
19considered to reside for purposes of this chapter as determined under s. 980.015 by
20the agency with jurisdiction.
SB55-SSA1-SA2, s. 4034ycf 21Section 4034ycf. 980.015 (1) of the statutes is renumbered 980.01 (1d) and
22amended to read:
SB55-SSA1-SA2,649,2423 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the
24agency with the authority or duty to release or discharge the a person.
SB55-SSA1-SA2, s. 4034ycg
1Section 4034ycg. 980.015 (2) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,650,72 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over
3a person who may meet the criteria for commitment as a sexually violent person,
4after determining the person's county of residence as provided under sub. (5), the
5agency with jurisdiction shall inform each appropriate district attorney and the
6department of justice regarding the person as soon as possible beginning 3 months
7prior to the applicable date of the following:
SB55-SSA1-SA2, s. 4034ych 8Section 4034ych. 980.02 (1) (a) of the statutes is amended to read:
SB55-SSA1-SA2,650,129 980.02 (1) (a) The department of justice at the request of the agency with
10jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice
11decides to file a petition under this paragraph, it shall file the petition before the date
12of the release or discharge of the person.
SB55-SSA1-SA2, s. 4034yci 13Section 4034yci. 980.02 (1) (am) of the statutes is created to read:
SB55-SSA1-SA2,650,1514 980.02 (1) (am) If the department of justice does not file a petition under par.
15(a), the district attorney for the person's county of residence.
SB55-SSA1-SA2, s. 4034ycj 16Section 4034ycj. 980.02 (1) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,650,1917 980.02 (1) (b) (intro.) If the department of justice does not file a petition under
18par. (a), and the district attorney for the person's county of residence does not file a
19petition under par. (am)
, the district attorney for one of the following:
SB55-SSA1-SA2, s. 4034yck 20Section 4034yck. 980.02 (4) (c) of the statutes is created to read:
SB55-SSA1-SA2,650,2121 980.02 (4) (c) The circuit court in the person's county of residence.
SB55-SSA1-SA2, s. 4034ycL 22Section 4034ycL. 980.02 (6) of the statutes is created to read:
SB55-SSA1-SA2,651,223 980.02 (6) Upon request from the district attorney for the person's county of
24residence, an action commenced by filing a petition under this section in a circuit

1court for a county other than the person's county of residence shall be transferred to
2the circuit court for the person's county of residence.
SB55-SSA1-SA2, s. 4034ycm 3Section 4034ycm. 980.03 (1) of the statutes is amended to read:
SB55-SSA1-SA2,651,94 980.03 (1) The circuit court in which a petition under s. 980.02 is filed or, if an
5action is transferred under s. 980.02 (6), the court to which the action was
6transferred,
shall conduct all hearings under this chapter. The court shall give the
7person who is the subject of the petition reasonable notice of the time and place of
8each such hearing. The court may designate additional persons to receive these
9notices.
SB55-SSA1-SA2, s. 4034ycn 10Section 4034ycn. 980.05 (5) of the statutes is amended to read:
SB55-SSA1-SA2,651,1711 980.05 (5) If the court or jury determines that the person who is the subject of
12a petition under s. 980.02 is a sexually violent person, the court shall enter a
13judgment on that finding, shall notify the county department for the person's county
14of residence of that finding,
and shall commit the person as provided under s. 980.06.
15If the court or jury is not satisfied beyond a reasonable doubt that the person is a
16sexually violent person, the court shall dismiss the petition and direct that the
17person be released unless he or she is under some other lawful restriction.
SB55-SSA1-SA2, s. 4034yco 18Section 4034yco. 980.07 (2) of the statutes is amended to read:
SB55-SSA1-SA2,651,2419 980.07 (2) Any examiner conducting an examination under this section shall
20prepare a written report of the examination no later than 30 days after the date of
21the examination. The examiner shall place a copy of the report in the person's
22medical records and shall provide a copy of the report to the court that committed the
23person under s. 980.06 and to the county department for the person's county of
24residence
.
SB55-SSA1-SA2, s. 4034ycp 25Section 4034ycp. 980.08 (2) of the statutes is amended to read:
SB55-SSA1-SA2,652,8
1980.08 (2) If the person files a timely petition without counsel, the court shall
2serve a copy of the petition on the district attorney or department of justice,
3whichever is applicable, and on the county department for the person's county of
4residence
and, subject to s. 980.03 (2) (a), refer the matter to the authority for
5indigency determinations under s. 977.07 (1) and appointment of counsel under s.
6977.05 (4) (j). If the person petitions through counsel, his or her attorney shall serve
7the district attorney or department of justice, whichever is applicable , and the county
8department for the person's county of residence
.
SB55-SSA1-SA2, s. 4034ycq 9Section 4034ycq. 980.08 (3) of the statutes is amended to read:
SB55-SSA1-SA2,652,2310 980.08 (3) Within 20 days after receipt of the petition, the court shall appoint
11one or more examiners having the specialized knowledge determined by the court to
12be appropriate, who shall examine the person and furnish a written report of the
13examination to the court within 30 days after appointment. The examiners shall
14have reasonable access to the person for purposes of examination and to the person's
15past and present treatment records, as defined in s. 51.30 (1) (b), and patient health
16care records, as provided under s. 146.82 (2) (c). If any such examiner appointed
17under this subsection
believes that the person is appropriate for supervised release
18under the criterion specified in sub. (4), the examiner shall report on the type of
19treatment and services that the person may need while in the community on
20supervised release and shall furnish a copy of the written report of the examination
21to the county department for the person's county of residence at the time that the
22examiner furnishes the report to the court
. The county shall pay the costs of an
23examiner appointed under this subsection as provided under s. 51.20 (18) (a).
SB55-SSA1-SA2, s. 4034ycr 24Section 4034ycr. 980.08 (3m) of the statutes is created to read:
SB55-SSA1-SA2,653,6
1980.08 (3m) A county department that receives a copy of an examiner's report
2under sub. (3) shall identify a residence in which the person may live if the court
3grants the person's petition under this section for supervised release. The
4identification of a residence by the county department is subject to approval by the
5department. The county department shall provide the court a written description
6of the residence before the hearing under sub. (4).
SB55-SSA1-SA2, s. 4034ycs 7Section 4034ycs. 980.08 (5) of the statutes is amended to read:
SB55-SSA1-SA2,654,98 980.08 (5) If the court finds that the person is appropriate for supervised
9release, the court shall notify the department and the county department for the
10person's county of residence
. The department and the county department under s.
1151.42 in the
for the person's county of residence of the person, as determined under
12s. 980.105,
shall prepare a plan that identifies the treatment and services, if any, that
13the person will receive in the community. The plan shall address the person's need,
14if any, for supervision, counseling, medication, community support services,
15residential services, vocational services, and alcohol or other drug abuse treatment.
16If the person is a serious child sex offender, the plan shall address the person's need
17for pharmacological treatment using an antiandrogen or the chemical equivalent of
18an antiandrogen. The department may contract with a county department, under s.
1951.42 (3) (aw) 1. d.,
with another public agency, or with a private agency to provide
20the treatment and services identified in the plan. The plan shall specify who will be
21responsible for providing the treatment and services identified in the plan. The plan
22shall be presented to the court for its approval within 60 days after the court finding
23that the person is appropriate for supervised release, unless the department, county
24department and person to be released request additional time to develop the plan.
25If the The county department of for the person's county of residence declines to

1prepare a plan, the department
may arrange for another county to prepare the plan
2if that the other county agrees to prepare the plan and if the person will be living in
3that county. If the department is unable to arrange for another county to prepare a
4plan, the court shall designate a county department to prepare the plan, order the
5county department to prepare the plan and place the person on supervised release
6in that county, except that the court may not so designate the county department in
7any county where there is a facility in which persons committed to institutional care
8under this chapter are placed unless that county is also the person's county of
9residence
.".
SB55-SSA1-SA2,654,10 101364. Page 1280, line 22: after that line insert:
SB55-SSA1-SA2,654,12 11" Section 4034yn. 980.105 (intro.) of the statutes is renumbered 980.015 (5)
12and amended to read:
SB55-SSA1-SA2,654,2113 980.015 (5) Determination of county of residence. The court agency with
14jurisdiction
shall determine a person's county of residence for the purposes of this
15chapter by doing all of the following: in accordance with the criteria set forth in this
16subsection. A person's county of residence is the county in which a person's
17habitation was voluntarily fixed and in which the person voluntarily intended to
18remain on the date that the person committed the sexually violent offense that
19resulted in the sentence, placement, or commitment that is in effect when the
20determination under this subsection is made. A person's physical presence at a place
21shall be considered prima facie evidence of the person's intent to remain at that place.
SB55-SSA1-SA2, s. 4034yo 22Section 4034yo. 980.105 (1) of the statutes is repealed.
SB55-SSA1-SA2, s. 4034yp 23Section 4034yp. 980.105 (2) of the statutes is repealed.".
SB55-SSA1-SA2,654,24 241365. Page 1280, line 22: after that line insert:
SB55-SSA1-SA2,655,1
1" Section 16034yr. 985.01 (1g) of the statutes is amended to read:
SB55-SSA1-SA2,655,42 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and
3includes a family care district board under s. 46.2895 and the Milwaukee County
4child welfare district board under s. 48.562
.
SB55-SSA1-SA2, s. 4034yt 5Section 4034yt. 985.01 (3) of the statutes is amended to read:
SB55-SSA1-SA2,655,86 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a
7family care district under s. 46.2895 and the Milwaukee County child welfare district
8under s. 48.562
.".
SB55-SSA1-SA2,655,9 91366. Page 1280, line 22: after that line insert:
SB55-SSA1-SA2,655,10 10" Section 4034yp. 985.01 (3m) of the statutes is created to read:
SB55-SSA1-SA2,655,1711 985.01 (3m) "Newspaper" means a publication appearing at regular intervals
12and at least once a week, containing reports of happenings of recent occurrence of a
13varied character, such as political, social, moral, and religious subjects, designed to
14inform the general reader. The definition includes a daily newspaper published in
15a county having a population of 500,000 or more, devoted principally to business
16news and publishing of records, which has been designated by the courts of record
17of the county for publication of legal notices for a period of 6 months or more.
SB55-SSA1-SA2, s. 4034yr 18Section 4034yr. 985.03 (1) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,655,2419 985.03 (1) (a) (intro.) No Except as provided in par. (am), no publisher of any
20newspaper in this state shall be awarded or be entitled to any compensation or fee
21for the publishing of any legal notice unless, for at least 2 of the 5 years immediately
22before the date of the notice publication, the newspaper has been published regularly
23and continuously in the city, village, or town where published, and has had a bona
24fide paid circulation:
SB55-SSA1-SA2, s. 4034ys
1Section 4034ys. 985.03 (1) (am) of the statutes is created to read:
SB55-SSA1-SA2,656,42 985.03 (1) (am) A publisher of a newspaper in this state may be awarded
3compensation or a fee for the publishing of any legal notice for a county or any unit
4of government in a county if the newspaper meets all of the following criteria:
SB55-SSA1-SA2,656,85 1. The newspaper is a free publication with a circulation, pick-up rate of 50,000
6or more in the newspaper's county or multicounty service area, and the circulation,
7pick-up rate is independently audited by an auditing firm using generally accepted
8auditing standards.
SB55-SSA1-SA2,656,109 2. The newspaper has been published continuously for the 10 years
10immediately before the date of the notice publication.
SB55-SSA1-SA2,656,1211 3. The newspaper has at least 2,500 copies of the newspaper picked up by
12readers from distribution points within that county.
SB55-SSA1-SA2,656,1413 4. The newspaper is headquartered or published in a county having a
14population of 500,000 or more.
SB55-SSA1-SA2, s. 4034yt 15Section 4034yt. 985.03 (1) (c) of the statutes is repealed.".
SB55-SSA1-SA2,656,16 161367. Page 1280, line 22: after that line insert:
SB55-SSA1-SA2,656,17 17" Section 4034ys. 980.101 of the statutes is created to read:
SB55-SSA1-SA2,656,23 18980.101 Reversal, vacation or setting aside of judgment relating to a
19sexually violent offense; effect.
(1) In this section, "judgment relating to a
20sexually violent offense" means a judgment of conviction for a sexually violent
21offense, an adjudication of delinquency on the basis of a sexually violent offense, or
22a judgment of not guilty of a sexually violent offense by reason of mental disease or
23defect.
SB55-SSA1-SA2,657,6
1(2) If, at any time after a person is committed under s. 980.06, a judgment
2relating to a sexually violent offense committed by the person is reversed, set aside,
3or vacated and that sexually violent offense was a basis for the allegation made in
4the petition under s. 980.02 (2) (a), the person may bring a motion for
5postcommitment relief in the court that committed the person. The court shall
6proceed as follows on the motion for postcommitment relief:
SB55-SSA1-SA2,657,127 (a) If the sexually violent offense was the sole basis for the allegation under s.
8980.02 (2) (a) and there are no other judgments relating to a sexually violent offense
9committed by the person, the court shall reverse, set aside, or vacate the judgment
10under s. 980.05 (5) that the person is a sexually violent person, vacate the
11commitment order, and discharge the person from the custody or supervision of the
12department.
SB55-SSA1-SA2,657,1913 (b) If the sexually violent offense was the sole basis for the allegation under s.
14980.02 (2) (a) but there are other judgments relating to a sexually violent offense
15committed by the person that have not been reversed, set aside, or vacated, or if the
16sexually violent offense was not the sole basis for the allegation under s. 980.02 (2)
17(a), the court shall determine whether to grant the person a new trial under s. 980.05
18because the reversal, setting aside, or vacating of the judgement for the sexually
19violent offense would probably change the result of the trial.
SB55-SSA1-SA2,657,21 20(3) An appeal may be taken from an an order entered under sub. (2) as from
21a final judgment.".
SB55-SSA1-SA2,657,22 221368. Page 1281, line 6: after that line insert:
SB55-SSA1-SA2,657,24 23" Section 4034r. Laws of 1975, chapter 105, section 1 (1) and (2) are amended
24to read:
SB55-SSA1-SA2,658,17
1[Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing
2system of allocating aggregate property tax revenues among tax levying
3municipalities has resulted in significant inequities and disincentives. The cost of
4public works or improvements within a city or, village, or town that is located in a
5county that does not contain any cities or villages
has been borne entirely by the city
6or, village, or town that is located in a county that does not contain any cities or
7villages,
while the expansion of tax base which is stimulated, directly or indirectly,
8by such improvements, benefits not only the city or, village, or town that is located
9in a county that does not contain any cities or villages
but also all municipalities
10which share such tax base. This situation is inequitable. Moreover, when the cost
11to a city or, village, or town that is located in a county that does not contain any cities
12or villages
of a public improvement project exceeds the future benefit to the city or,
13village, or town that is located in a county that does not contain any cities or villages
14resulting therefrom, the city or, village , or town that is located in a county that does
15not contain any cities or villages
may decide not to undertake such project. This
16situation has resulted in the postponement or cancellation of socially desirable
17projects.
SB55-SSA1-SA2,658,2418 (2) The legislature further finds that accomplishment of the vital and beneficial
19public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the
20statutes, is being frustrated because of a lack of incentives and financial resources.
21The purpose of this act is to create a viable procedure by which a city or, village, or
22town that is located in a county that does not contain any cities or villages
, through
23its own initiative and efforts, may finance projects which will tend to accomplish
24these laudable objectives.".
SB55-SSA1-SA2,659,1
11369. Page 1283, line 13: after that line insert:
SB55-SSA1-SA2,659,2 2" Section 4046s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is repealed.".
SB55-SSA1-SA2,659,3 31370. Page 1287, line 18: delete lines 18 to 25.
SB55-SSA1-SA2,659,4 41371. Page 1288, line 1: delete lines 1 to 11.
SB55-SSA1-SA2,659,5 51372. Page 1288, line 16: delete "20.530 (1)".
SB55-SSA1-SA2,659,6 61373. Page 1288, line 20: delete "20.530 (1)".
SB55-SSA1-SA2,659,7 71374. Page 1288, line 22: delete lines 22 to 25.
SB55-SSA1-SA2,659,8 81375. Page 1289, line 1: delete lines 1 and 2.
SB55-SSA1-SA2,659,9 91376. Page 1291, line 17: delete lines 17 to 25.
SB55-SSA1-SA2,659,10 101377. Page 1292, line 18: delete lines 18 to 23.
SB55-SSA1-SA2,659,11 111378. Page 1293, line 10: delete lines 10 to 14.
SB55-SSA1-SA2,659,12 121379. Page 1295, line 7: delete "$1,864,700" and substitute "$1,484,700".
SB55-SSA1-SA2,659,13 131380. Page 1295, line 23: delete lines 23 and 24.
SB55-SSA1-SA2,659,14 141381. Page 1296, line 1: delete lines 1 to 25.
SB55-SSA1-SA2,659,15 151382. Page 1297, line 1: delete lines 1 to 25.
SB55-SSA1-SA2,659,16 161383. Page 1298, line 1: delete lines 1 to 4 and substitute:
SB55-SSA1-SA2,659,17 17"(15q) Authorized positions.
SB55-SSA1-SA2,659,20 18(a) The authorized FTE positions for the department of administration, funded
19from the appropriation under section 20.505 (1) (ja) of the statutes, are increased by
2019.0 PR positions to reflect the deletion of the department of electronic government.
SB55-SSA1-SA2,660,3
1(b) The authorized FTE positions for the department of administration, funded
2from the appropriation under section 20.505 (1) (ke) of the statutes, are increased by
329.0 PR positions to reflect the deletion of the department of electronic government.
SB55-SSA1-SA2,660,7 4(c) The authorized FTE positions for the department of administration, funded
5from the appropriation under section 20.505 (1) (kL) of the statutes, are increased
6by 168.30 PR positions to reflect the deletion of the department of electronic
7government.
SB55-SSA1-SA2,660,10 8(d) The authorized FTE positions for the department of administration, funded
9from the appropriation under section 20.505 (1) (kq) of the statutes, are increased by
103.0 PR positions to reflect the deletion of the department of electronic government.
SB55-SSA1-SA2,660,13 11(e) The authorized FTE positions for the department of administration, funded
12from the appropriation under section 20.505 (4) (is) of the statutes are increased by
131.0 PR position to reflect the deletion of the department of electronic government.".
SB55-SSA1-SA2,660,14 141384. Page 1298, line 17: delete lines 17 to 24.
Loading...
Loading...