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(b) Juries shall be selected and treated in the same manner as they are selected
12and treated in civil actions in circuit court. The number of jurors prescribed in
13par.(a), plus the number of peremptory challenges available to all of the parties, shall
14be called initially and maintained in the jury box by calling others to replace jurors
15excused for cause until all jurors have been examined. The parties shall thereupon
16exercise in their order, the state beginning, the peremptory challenges available to
17them, and if any party declines to challenge, the challenge shall be made by the clerk
18by lot.
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(c) No verdict shall be valid or received unless it is agreed to by at least 5 of the
20jurors.
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21(2) Department's right to be heard. The department of justice shall represent
22the department of health and family services at any discharge hearing unless the
23departments have adverse interest. If the departments have adverse interests, the
24department of health and family services shall be represented at the hearing by its
25agency counsel or an attorney that it retains.
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1(3) Post verdict motions. Motions after verdict may be made without further
2notice upon receipt of the verdict.
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3(4) Appeals. Any party may appeal an order under this subsection as a final
4order under chs. 808 and 809.
SB441-ASA1,51,127
980.101
(2) (a) If the sexually violent offense was the sole basis for the
8allegation under s. 980.02 (2) (a) and there are no other judgments relating to a
9sexually violent offense committed by the person, the court shall reverse, set aside,
10or vacate the judgment under s. 980.05 (5) that the person is a sexually violent
11person, vacate the commitment order, and discharge the person from the custody
or
12supervision of the department.
SB441-ASA1,51,1614
980.11
(2) (intro.) If the court places a person on supervised release under s.
15980.08 or discharges a person under s. 980.09 or
980.10 980.093, the department
16shall do all of the following:
SB441-ASA1,51,2118
980.12
(1) Except as provided in ss.
980.03 (4) 980.031 (3) and 980.08 (3), the
19department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all
20costs relating to the evaluation, treatment
, and care of persons evaluated or
21committed under this chapter.
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23980.14 (title)
Immunity.
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1980.14
(1) In this section, "agency" means the department of corrections, the
2department of health and family services, the department of justice, or a district
3attorney.
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5(1) In this section, "facility for children" means a public or private school, a
6group home, as defined in section 48.02 (7) of the statutes, a residential care center
7for children and youth, as defined in section 48.02 (15d) of the statutes, a shelter care
8facility, as defined in section 48.02 (17) of the statutes, a foster home, as defined in
9section 48.02 (6) of the statutes, a treatment foster home, as defined in section 48.02
10(17q) of the statutes, a day care center licensed under section 48.65 of the statutes,
11a day care program established under section 120.13 (14) of the statutes, a day care
12provider certified under section 48.651 of the statutes, or a youth center, as defined
13in section 961.01 (22) of the statutes.
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(2) (a)
There is created a committee to assist the state in determining the
15location for the facility enumerated in
2001 Wisconsin Act 16, section
9107 (1) (d) 1.,
16that will be a transitional facility for the housing of persons committed to the custody
17of the department of health and family services under chapter 980 of the statutes.
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(b) The departments of corrections and health and family services shall provide
19necessary administrative support services to the committee.
SB441-ASA1,52,2320
(c) The department of administration shall reimburse members of the
21committee for their actual and necessary expenses incurred in carrying out their
22functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within
23the budget authorized under section 16.40 (14) of the statutes.
SB441-ASA1,52,2424
(d) The members of the committee shall be:
SB441-ASA1,53,2
11. The chairperson of the Milwaukee County board of supervisors or his or her
2designee.
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32. The chief of police of the city of Milwaukee or his or her designee.
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43. The county executive of Milwaukee County or his or her designee.
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54. The district attorney of Milwaukee County or his or her designee.
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65. The mayor of the city of Milwaukee or his or her designee.
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76. The sheriff of Milwaukee County or his or her designee.
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87. One representative of the Milwaukee County Law Enforcement Executives
9Association who is not from the city of Milwaukee.
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108. One representative of the Intergovernmental Cooperation Council who is not
11from the city of Milwaukee.
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129. Three persons, other than elected officials, who are residents of Milwaukee
13County but two of whom may not be residents of the city of Milwaukee, to be
14appointed by the governor.
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1510. Four persons, other than elected officials, who are residents of Milwaukee
16County, to be appointed as follows:
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17a. One by the speaker of the assembly and one by the majority leader of the
18senate, appointed before the appointments in subdivision 10. b
.
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19b. One by the minority leader of the assembly and one by the minority leader
20of the senate. If the speaker of the assembly appointed a resident of the city of
21Milwaukee, the minority leader of the assembly may not appoint a resident of the city
22of Milwaukee. If the speaker of the assembly appointed a person who is not a resident
23of the city of Milwaukee, the minority leader of the assembly may not appoint a
24person who is not a resident of the city of Milwaukee. If the majority leader of the
25senate appointed a resident of the city of Milwaukee, the minority leader of the
1senate may not appoint a resident of the city of Milwaukee. If the majority leader
2of the senate appointed a person who is not a resident of the city of Milwaukee, the
3minority leader of the senate may not appoint a person who is not a resident of the
4city of Milwaukee.
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5(e) The committee shall elect the chair of the committee from the individuals
6appointed under paragraph (d) 9. and 10
.
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7(f
) No later than June 1, 2004, the department of health and family services
8shall provide the committee an estimate of the maximum number of persons likely
9to be placed in Milwaukee County on supervised release under section 980.06, 1997
10stats., or section 980.08 of the statutes at any one time between that date and
11February 1, 2009.
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(g) The committee shall hold public hearings in Milwaukee County regarding
13the selection of a location of the facility. The committee shall consider all of the
14following factors when determining the criteria for the location of the facility or when
15determining specific locations for the facility:
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161. Community safety.
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172. Proximity to sensitive locations.
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183. Ability to make the facility secure.
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194. Accessibility to treatment for the persons living in the facility.
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205. Payments that may be made in lieu of property taxes.
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216. Availability of tax incentives to a community to locate the facility within its
22jurisdiction.
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237. Proximity of the placement to all of the following:
SB441-ASA1,54,24
24a. The residence of other persons on supervised release.
SB441-ASA1,55,3
1b
. The residence of persons who are in the custody of the department of
2corrections and regarding whom a sex offender notification bulletin has been issued
3to law enforcement agencies under section 301.46 (2m) (a) or (am) of the statutes.
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4c. Any facility for children of which the committee is aware.
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5d. Any residential subdivision.
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6(h) No later than December 31, 2004, the committee shall submit a report to
7the departments of corrections and health and family services recommending at
8least 3 specific locations that the committee determines are appropriate for the
9placement of the facility. The report shall list the strengths and weaknesses of each
10location the committee recommends. Each of the locations shall be suitable for the
11development of a facility that can house at least the number of persons set forth in
12the estimate submitted to the committee under paragraph (f). When considering
13locations, the committee shall make a reasonable effort to reach and to maximize
14consensus among its members.
SB441-ASA1,55,2016
(1) This act first applies to reviews regarding detention and probable cause
17hearings under section 980.04 of the statutes, as affected by this act, and trials under
18section 980.05 of the statutes, as affected by this act, that are based on a petition filed
19under s. 980.02 of the statutes, as affected by this act, on the effective date of this
20subsection.
SB441-ASA1,55,2321
(2) This act first applies to periodic reexaminations conducted under section
22980.07 of the statutes, as affected by this act, begun on the effective date of this
23subsection and to court proceedings resulting from those reexaminations.
SB441-ASA1,56,424
(3) This act first applies to proceedings to revoke supervised release under
25section 980.08 (5) of the statutes, as affected by this act, that are commenced on the
1effective date of this subsection, except that the treatment of section 980.08 (5) of the
2statutes, with respect to where a person may be detained while a petition to revoke
3supervised release is pending, first applies to a person whose detention commences
4on the effective date of this subsection.
SB441-ASA1,56,65
(4) This act first applies to discharge proceedings commenced on the effective
6date of this subsection.
SB441-ASA1,56,98
(1)
This act takes effect on the first day of the 2nd month beginning after
9publication.