Amendment ASA2-AB861

AB861-ASA2, s. 104 Section 104. 980.08 of the statutes is repealed and recreated to read:

AB861-ASA2,45,18 980.08 Supervised release; procedures, implementation, revocation. (1) If the court determines under s. 980.07 (7) that supervised release is appropriate, the court shall order the county department under s. 51.42 in the county of intended placement to assist the department of health and family services in implementing the supervised release placement.

AB861-ASA2,45,21 (2) The department shall file with the court any additional rules of supervision not inconsistent with the rules or conditions imposed by the court within 10 days of imposing the rule.

AB861-ASA2,45,23 (3) If the department wishes to change a rule or condition of supervision imposed by the court, it must obtain the court's approval.

AB861-ASA2,46,7 (4) An order granting supervised release places the person in the care, control, and custody of the department. The department shall arrange for the care, control, and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the order for supervised release. Before a person is actually released under this section, the court shall 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 subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.

AB861-ASA2,46,11 (5) (a) If the department concludes that a person on supervised release, or awaiting placement on supervised release, violated or threatened to violate a rule of supervised release, it may petition for revocation of the order granting supervised release. The department may also detain the person.

AB861-ASA2,46,15 (b) If the department concludes that a person on supervised release, or awaiting placement on supervised release, is a threat to the safety of others, it shall detain the person and petition for revocation of the order granting supervised release.

AB861-ASA2,47,2 (c) If the department concludes that the order granting supervised release should be revoked, it shall file a statement alleging the violation and a petition to revoke the order for supervised release with the committing court and provide a copy of each to the regional office of the state public defender responsible for handling cases in the county where the committing court is located. If the department has detained the person under par. (a) or (b), the department shall file the statement and the petition and provide them to the state public defender within 72 hours after the detention, excluding Saturdays, Sundays, and legal holidays. The court shall refer the matter to the authority for indigency determinations under s. 977.07 (1) and appointment of counsel under s. 977.05 (4) (j). The determination of indigency and the appointment of counsel shall be done as soon as circumstances permit.

AB861-ASA2,47,7 (d) The court shall hear the petition within 30 days, unless the hearing or time deadline is waived. A final decision on the petition to revoke shall be made within 90 days of the filing of the petition. Pending the final revocation hearing, the department may detain the person in the county jail or return him or her to institutional care.

AB861-ASA2,47,13 (6) (a) If the court finds after a hearing, by clear and convincing evidence, that any rule has been violated and the court finds that the violation of the rule merits the revocation of the order granting supervised release, the court may revoke the order for supervised release and order that the person be placed in institutional care. The person shall remain in institutional care until he or she is discharged from the commitment or again placed on supervised release.

AB861-ASA2,47,18 (b) If the court finds after a hearing, by clear and convincing evidence, that the safety of others requires that supervised release be revoked, the court shall revoke the order granting supervised release and order that the person be placed in institutional care. The person shall remain in institutional care until he or she is discharged from the commitment or again placed on supervised release.

AB861-ASA2, s. 105 Section 105. 980.09 (title) of the statutes is amended to read:

AB861-ASA2,47,21 980.09 (title) Petition for discharge; procedure with department's approval.

AB861-ASA2, s. 106 Section 106. 980.09 (1) (title) of the statutes is repealed.

AB861-ASA2, s. 107 Section 107. 980.09 (1) (a) of the statutes is renumbered 980.09 (1) and amended to read:

AB861-ASA2,48,8 980.09 (1) If the secretary department determines at any time that a person committed under this chapter is no longer does not meet the criteria for commitment as a sexually violent person, the secretary department shall authorize the person to petition the committing court for discharge. The person department shall file the petition with the court and serve a copy upon the department of justice or the district attorney's office that filed the petition under s. 980.02 (1), whichever is applicable. The court, upon receipt of the petition for discharge, shall order a hearing to be held within 45 90 days after the date of receipt of the petition.

AB861-ASA2, s. 108 Section 108. 980.09 (1) (b) of the statutes is renumbered 980.09 (2m) and amended to read:

AB861-ASA2,48,17 980.09 (2m) At a hearing under this subsection section, the district attorney or the department of justice, whichever filed the original petition, shall represent the state and shall have the right to have the petitioner examined by an expert or professional person of his, her or its choice. The hearing shall be before the court without a jury. The state has the burden of proving by clear and convincing evidence that the petitioner is still currently meets the criteria for commitment as a sexually violent person.

AB861-ASA2, s. 109 Section 109. 980.09 (1) (c) of the statutes is renumbered 980.09 (3) and amended to read:

AB861-ASA2,48,25 980.09 (3) If the court is satisfied that the state has not met its burden of proof under par. (b) sub. (2m), the petitioner shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b) sub. (2m), the court may proceed under 980.07 (7) (b) to (d) to determine, using the criterion specified in s. 980.08 (4), whether to modify the petitioner's existing commitment order by authorizing supervised release.

AB861-ASA2, s. 110 Section 110. 980.09 (2) of the statutes is repealed.

AB861-ASA2, s. 111 Section 111. 980.093 of the statutes is created to read:

AB861-ASA2,49,8 980.093 Petition for discharge without department's approval. (1) Petitions in general. A committed person may petition the committing court for discharge without the department's approval. The court shall deny the petition under this section without a hearing unless the petition alleges facts from which the court or jury may conclude the person's condition has changed so that the person does not meet the criteria for commitment as a sexually violent person.

AB861-ASA2,49,18 (2) Court review of petition. The court shall review the petition within 30 days and the court may hold a hearing to determine if it contains facts from which the court or jury may conclude that the person does not meet the criteria for commitment as a sexually violent person. In determining under this subsection whether facts exist that might warrant such a conclusion, the court shall consider any current or past reports filed under s. 980.07, relevant arguments in the petition and in the state's written response, and any supporting documentation provided by the person or the state. If the court determines that the petition does not contain facts from which a court or jury may conclude that the person does not meet the criteria for commitment, the court shall deny the petition.

AB861-ASA2,49,23 (3) Hearing. The court shall hold a hearing within 90 days of the determination that the petition contains facts from which the court or jury may conclude that the person does not meet the criteria for commitment as a sexually violent person. The state has the burden of proving by clear and convincing evidence that the person meets the criteria for commitment as a sexually violent person.

AB861-ASA2,50,4 (4) Disposition. If the court or jury is satisfied that the state has not met its burden of proof under sub. (3), the petitioner shall be discharged from the custody of the department. If the court or jury is satisfied that the state has met its burden of proof under sub. (3), the court may proceed under s. 980.07 (7) (b) to (d) to determine whether to modify the petitioner's existing commitment order by authorizing supervised release.

AB861-ASA2, s. 112 Section 112. 980.095 of the statutes is created to read:

AB861-ASA2,50,10 980.095 Procedures for discharge hearings. (1) Use of juries. (a) The district attorney or the department of justice, whichever filed the original petition, or the petitioner or his or her attorney may request that a hearing under s. 980.093 or 980.096 be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days of the filing of the petition for discharge.

AB861-ASA2,50,18 (b) Juries shall be selected and treated in the same manner as they are selected and treated in civil actions in circuit court. The number of jurors prescribed in par.(a), plus the number of peremptory challenges available to all of the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall thereupon exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.

AB861-ASA2,50,20 (c) No verdict shall be valid or received unless it is agreed to by at least 5 of the jurors.

AB861-ASA2,50,25 (2) Department's right to be heard. The department of justice shall represent the department of health and family services at any discharge hearing unless the departments have adverse interest. If the departments have adverse interests, the department of health and family services shall be represented at the hearing by its agency counsel or an attorney that it retains.

AB861-ASA2,51,2 (3) Post verdict motions. Motions after verdict may be made without further notice upon receipt of the verdict.

AB861-ASA2,51,4 (4) Appeals. Any party may appeal an order under this subsection as a final order under chs. 808 and 809.

AB861-ASA2, s. 113 Section 113. 980.10 of the statutes is repealed.

AB861-ASA2, s. 114 Section 114. 980.101 (2) (a) of the statutes is amended to read:

AB861-ASA2,51,12 980.101 (2) (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.

AB861-ASA2, s. 115 Section 115. 980.11 (2) (intro.) of the statutes is amended to read:

AB861-ASA2,51,16 980.11 (2) (intro.) If the court places a person on supervised release under s. 980.08 or discharges a person under s. 980.09 or 980.10 980.093, the department shall do all of the following:

AB861-ASA2, s. 116 Section 116. 980.12 (1) of the statutes is amended to read:

AB861-ASA2,51,21 980.12 (1) Except as provided in ss. 980.03 (4) 980.031 (3) 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.

AB861-ASA2, s. 117 Section 117. 980.14 (title) of the statutes is created to read:

AB861-ASA2,51,23 980.14 (title) Immunity.

AB861-ASA2, s. 118 Section 118. 980.14 (1) of the statutes is created to read:

AB861-ASA2,52,3 980.14 (1) In this section, "agency" means the department of corrections, the department of health and family services, the department of justice, or a district attorney.

AB861-ASA2, s. 119 Section 119. Nonstatutory provisions.

AB861-ASA2,52,13 (1) In this section, "facility for children" means a public or private school, a group home, as defined in section 48.02 (7) of the statutes, a residential care center for children and youth, as defined in section 48.02 (15d) of the statutes, a shelter care facility, as defined in section 48.02 (17) of the statutes, a foster home, as defined in section 48.02 (6) of the statutes, a treatment foster home, as defined in section 48.02 (17q) of the statutes, a day care center licensed under section 48.65 of the statutes, a day care program established under section 120.13 (14) of the statutes, a day care provider certified under section 48.651 of the statutes, or a youth center, as defined in section 961.01 (22) of the statutes.

AB861-ASA2,52,17 (2) (a) There is created a committee to assist the state in determining the location for the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., that will be a transitional facility for the housing of persons committed to the custody of the department of health and family services under chapter 980 of the statutes.

AB861-ASA2,52,19 (b) The departments of corrections and health and family services shall provide necessary administrative support services to the committee.

AB861-ASA2,52,23 (c) The department of administration shall reimburse members of the committee for their actual and necessary expenses incurred in carrying out their functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget authorized under section 16.40 (14) of the statutes.

AB861-ASA2,52,24 (d) The members of the committee shall be:

AB861-ASA2,53,2 1. The chairperson of the Milwaukee County board of supervisors or his or her designee.

AB861-ASA2,53,3 2. The chief of police of the city of Milwaukee or his or her designee.

AB861-ASA2,53,4 3. The county executive of Milwaukee County or his or her designee.

AB861-ASA2,53,5 4. The district attorney of Milwaukee County or his or her designee.

AB861-ASA2,53,6 5. The mayor of the city of Milwaukee or his or her designee.

AB861-ASA2,53,7 6. The sheriff of Milwaukee County or his or her designee.

AB861-ASA2,53,9 7. One representative of the Milwaukee County Law Enforcement Executives Association who is not from the city of Milwaukee.

AB861-ASA2,53,11 8. One representative of the Intergovernmental Cooperation Council who is not from the city of Milwaukee.

AB861-ASA2,53,14 9. Three persons, other than elected officials, who are residents of Milwaukee County but two of whom may not be residents of the city of Milwaukee, to be appointed by the governor.

AB861-ASA2,53,16 10. Four persons, other than elected officials, who are residents of Milwaukee County, to be appointed as follows:

AB861-ASA2,53,18 a. One by the speaker of the assembly and one by the majority leader of the senate, appointed before the appointments in subdivision 10. b .

AB861-ASA2,54,4 b. One by the minority leader of the assembly and one by the minority leader of the senate. If the speaker of the assembly appointed a resident of the city of Milwaukee, the minority leader of the assembly may not appoint a resident of the city of Milwaukee. If the speaker of the assembly appointed a person who is not a resident of the city of Milwaukee, the minority leader of the assembly may not appoint a person who is not a resident of the city of Milwaukee. If the majority leader of the senate appointed a resident of the city of Milwaukee, the minority leader of the senate may not appoint a resident of the city of Milwaukee. If the majority leader of the senate appointed a person who is not a resident of the city of Milwaukee, the minority leader of the senate may not appoint a person who is not a resident of the city of Milwaukee.

AB861-ASA2,54,6 (e) The committee shall elect the chair of the committee from the individuals appointed under paragraph (d) 9. and 10 .

AB861-ASA2,54,11 (f ) No later than June 1, 2004, the department of health and family services shall provide the committee an estimate of the maximum number of persons likely to be placed in Milwaukee County on supervised release under section 980.06, 1997 stats., or section 980.08 of the statutes at any one time between that date and February 1, 2009.

AB861-ASA2,54,15 (g) The committee shall hold public hearings in Milwaukee County regarding the selection of a location of the facility. The committee shall consider all of the following factors when determining the criteria for the location of the facility or when determining specific locations for the facility:

AB861-ASA2,54,16 1. Community safety.

AB861-ASA2,54,17 2. Proximity to sensitive locations.

AB861-ASA2,54,18 3. Ability to make the facility secure.

AB861-ASA2,54,19 4. Accessibility to treatment for the persons living in the facility.

AB861-ASA2,54,20 5. Payments that may be made in lieu of property taxes.

AB861-ASA2,54,22 6. Availability of tax incentives to a community to locate the facility within its jurisdiction.

AB861-ASA2,54,23 7. Proximity of the placement to all of the following:

AB861-ASA2,54,24 a. The residence of other persons on supervised release.

AB861-ASA2,55,3 b . 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 section 301.46 (2m) (a) or (am) of the statutes.

AB861-ASA2,55,4 c. Any facility for children of which the committee is aware.

AB861-ASA2,55,5 d. Any residential subdivision.

AB861-ASA2,55,14 (h) No later than December 31, 2004, the committee shall submit a report to the departments of corrections and health and family services recommending at least 3 specific locations that the committee determines are appropriate for the placement of the facility. The report shall list the strengths and weaknesses of each location the committee recommends. Each of the locations shall be suitable for the development of a facility that can house at least the number of persons set forth in the estimate submitted to the committee under paragraph (f). When considering locations, the committee shall make a reasonable effort to reach and to maximize consensus among its members.

AB861-ASA2, s. 120 Section 120. Initial applicability.

AB861-ASA2,55,20 (1) This act first applies to reviews regarding detention and probable cause hearings under section 980.04 of the statutes, as affected by this act, and trials under section 980.05 of the statutes, as affected by this act, that are based on a petition filed under s. 980.02 of the statutes, as affected by this act, on the effective date of this subsection.

AB861-ASA2,55,23 (2) This act first applies to periodic reexaminations conducted under section 980.07 of the statutes, as affected by this act, begun on the effective date of this subsection and to court proceedings resulting from those reexaminations.

AB861-ASA2,56,4 (3) This act first applies to proceedings to revoke supervised release under section 980.08 (5) of the statutes, as affected by this act, that are commenced on the effective date of this subsection, except that the treatment of section 980.08 (5) of the statutes, with respect to where a person may be detained while a petition to revoke supervised release is pending, first applies to a person whose detention commences on the effective date of this subsection.

AB861-ASA2,56,6 (4) This act first applies to discharge proceedings commenced on the effective date of this subsection.

AB861-ASA2, s. 121 Section 121. Effective date.

AB861-ASA2,56,9 (1) This act takes effect on the first day of the 2nd month beginning after publication.

AB861-ASA2,56,10 (End)