SB441-ASA1,14,1119 938.396 (1) Law enforcement officers' records of juveniles shall be kept
20separate from records of adults. Law enforcement officers' records of juveniles shall
21not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
22(1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This
23subsection does not apply to representatives of the news media who wish to obtain
24information for the purpose of reporting news without revealing the identity of the
25juvenile involved, to the confidential exchange of information between the police and

1officials of the school attended by the juvenile or other law enforcement or social
2welfare agencies, or to juveniles 10 years of age or older who are subject to the
3jurisdiction of the court of criminal jurisdiction. A public school official who obtains
4information under this subsection shall keep the information confidential as
5required under s. 118.125 and a private school official who obtains information under
6this subsection shall keep the information confidential in the same manner as is
7required of a public school official under s. 118.125. A law enforcement agency that
8obtains information under this subsection shall keep the information confidential as
9required under this subsection and s. 48.396 (1). A social welfare agency that obtains
10information under this subsection shall keep the information confidential as
11required under ss. 48.78 and 938.78.
SB441-ASA1, s. 36 12Section 36. 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and
13amended to read:
SB441-ASA1,15,514 938.396 (10) Upon request of the department of corrections to review court A
15law enforcement agency's records and
records for the purpose of providing, under s.
16980.015 (3) (a),
of the court assigned to exercise jurisdiction under this chapter and
17ch. 48 shall be open for inspection by authorized representatives of the department
18of corrections, the department of health and family services,
the department of
19justice, or a district attorney with a person's offense history, the court shall open for
20inspection by authorized representatives of the department of corrections the
21records of the court relating to any juvenile who has been adjudicated delinquent for
22a sexually violent offense, as defined in s. 980.01 (6)
for use in the evaluation or
23prosecution of any proceeding under ch. 980, if the records involve or relate to an
24individual who is the subject of or who is being evaluated for a proceeding under ch.
25980. The court in which the proceeding under ch. 980 is pending may issue any

1protective orders that it determines are appropriate concerning information made
2available or disclosed under this subsection. Any representative of the department
3of corrections, the department of health and family services, the department of
4justice, or a district attorney may disclose information obtained under this
5subsection for any purpose consistent with any proceeding under ch. 980
.
SB441-ASA1, s. 37 6Section 37. 938.396 (5) (a) (intro.) of the statutes is amended to read:
SB441-ASA1,15,107 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub.
8(1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the
9disclosure of the records governed by the applicable subsection. The petition shall
10be in writing and shall describe as specifically as possible all of the following:
SB441-ASA1, s. 38 11Section 38. 938.78 (2) (e) of the statutes is amended to read:
SB441-ASA1,16,212 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
13Notwithstanding par. (a), an agency shall, upon request, disclose information about
14an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent
15offense, as defined in s. 980.01 (6),
to authorized representatives of the department
16of corrections, the department of health and family services,
the department of
17justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
18represents a person subject to a petition
for use in the evaluation or prosecution of
19any proceeding
under ch. 980, if the information involves or relates to an individual
20who is the subject of or who is being evaluated for a proceeding under ch. 980
. The
21court in which the petition proceeding under s. 980.02 is filed ch. 980 is pending may
22issue any protective orders that it determines are appropriate concerning
23information disclosed under this paragraph. Any representative of the department
24of corrections, the department of health and family services, the department of

1justice, or a district attorney may disclose information obtained under this
2paragraph for any purpose consistent with any proceeding under ch. 980.
SB441-ASA1, s. 39 3Section 39. 946.42 (1) (a) of the statutes is amended to read:
SB441-ASA1,16,224 946.42 (1) (a) "Custody" includes without limitation actual custody of an
5institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
6secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
7as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16),
8a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the
9detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065,

10or a juvenile portion of a county jail, or actual custody of a peace officer or institution
11guard. "Custody" also includes without limitation the constructive custody of
12persons placed on supervised release under a commitment order issued under ch. 980

13and constructive custody of prisoners and juveniles subject to an order under s.
1448.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
15the institution whether for the purpose of work, school, medical care, a leave granted
16under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
17Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
18which the prisoner was transferred after conviction. It does not include the custody
19of a probationer, parolee or person on extended supervision by the department of
20corrections or a probation, extended supervision or parole officer or the custody of a
21person who has been released to aftercare supervision under ch. 938 unless the
22person is in actual custody or is subject to a confinement order under s. 973.09 (4).
SB441-ASA1, s. 40 23Section 40. 946.42 (3m) of the statutes is created to read:
SB441-ASA1,16,2524 946.42 (3m) A person who intentionally escapes from custody under any of the
25following circumstances is guilty of a Class F felony:
SB441-ASA1,17,2
1(a) While subject to a detention order under s. 980.04 (1) or a custody order
2under s. 980.04 (3).
SB441-ASA1,17,53 (b) While subject to an order issued under s. 980.06 committing the person to
4custody of the department of health and family services, regardless of whether the
5person is placed in institutional care or on supervised release.
SB441-ASA1, s. 41 6Section 41. 950.04 (1v) (xm) of the statutes is amended to read:
SB441-ASA1,17,97 950.04 (1v) (xm) To have the department of health and family services make
8a reasonable attempt to notify the victim under s. 980.11 regarding supervised
9release under s. 980.08 and discharge under s. 980.09 or 980.10 980.093.
SB441-ASA1, s. 42 10Section 42. 967.03 of the statutes is amended to read:
SB441-ASA1,17,13 11967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties
12are imposed upon district attorneys, the same powers and duties may be discharged
13by any of their duly qualified deputies or assistants.
SB441-ASA1, s. 43 14Section 43. 972.15 (4) of the statutes is amended to read:
SB441-ASA1,17,1815 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
16or ordered by the court, the presentence investigation report shall be confidential
17and shall not be made available to any person except upon specific authorization of
18the court.
SB441-ASA1, s. 44 19Section 44. 972.15 (6) of the statutes is created to read:
SB441-ASA1,17,2320 972.15 (6) The presentence investigation report and any information contained
21in it or upon which it is based may be used by any of the following persons in any
22evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
23appeal, or other proceeding under ch. 980:
SB441-ASA1,17,2424 (a) The department of corrections.
SB441-ASA1,17,2525 (b) The department of health and family services.
SB441-ASA1,18,2
1(c) The person who is the subject of the presentence investigation report, his
2or her attorney, or an agent or employee of the attorney.
SB441-ASA1,18,33 (d) The attorney representing the state or an agent or employee of the attorney.
SB441-ASA1,18,54 (e) A licensed physician, licensed psychologist, or other mental health
5professional who is examining the subject of the presentence investigation report.
SB441-ASA1,18,66 (f) The court and, if applicable, the jury hearing the case.
SB441-ASA1, s. 45 7Section 45. 973.155 (1) (c) of the statutes is created to read:
SB441-ASA1,18,118 973.155 (1) (c) The categories in par. (a) include time during which the
9convicted offender was in the custody of the department of health and family services
10under ch. 980 only if the offender was confined during that time and the confinement
11and the offender's conviction resulted from the same course of conduct.
SB441-ASA1, s. 46 12Section 46. 978.03 (3) of the statutes is amended to read:
SB441-ASA1,18,1813 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be
14an attorney admitted to practice law in this state and, except as provided in ss.
15978.043 (1) and 978.044, may perform any duty required by law to be performed by
16the district attorney. The district attorney of the prosecutorial unit under sub. (1),
17(1m), or (2) may appoint such temporary counsel as may be authorized by the
18department of administration.
SB441-ASA1, s. 47 19Section 47. 978.043 of the statutes is renumbered 978.043 (1) and amended
20to read.
SB441-ASA1,19,521 978.043 (1) The district attorney of the prosecutorial unit that consists of
22Brown County and the district attorney of the prosecutorial unit that consists of
23Milwaukee County shall each assign one assistant district attorney in his or her
24prosecutorial unit to be a sexually violent person commitment prosecutor. An
25assistant district attorney assigned under this section subsection to be a sexually

1violent person commitment prosecutor may engage only in the prosecution of
2sexually violent person commitment proceedings under ch. 980 and, at the request
3of the district attorney of the prosecutorial unit, may file and prosecute sexually
4violent person commitment proceedings under ch. 980 in any prosecutorial unit in
5this state.
SB441-ASA1, s. 48 6Section 48. 978.043 (2) of the statutes is created to read:
SB441-ASA1,19,147 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes
8or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than
9his or her own, the prosecutorial unit in which the case is heard shall reimburse the
10assistant district attorney's own prosecutorial unit for his or her reasonable costs
11associated with the prosecution, including transportation, lodging, and meals.
12Unless otherwise agreed upon by the prosecutorial units involved, the court hearing
13the case shall determine the amount of money to be reimbursed for expert witness
14fees under this subsection.
SB441-ASA1, s. 49 15Section 49. 978.045 (1r) (intro.) of the statutes is amended to read:
SB441-ASA1,19,2416 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
17record stating the cause therefor for it, may appoint an attorney as a special
18prosecutor to perform, for the time being, or for the trial of the accused person, the
19duties of the district attorney. An attorney appointed under this subsection shall
20have all of the powers of the district attorney. The judge may appoint an attorney
21as a special prosecutor at the request of a district attorney to assist the district
22attorney in the prosecution of persons charged with a crime, in grand jury or John
23Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may
24appoint an attorney as a special prosecutor if any of the following conditions exists:
SB441-ASA1, s. 50 25Section 50. 978.05 (6) (a) of the statutes is amended to read:
SB441-ASA1,20,13
1978.05 (6) (a) Institute, commence or appear in all civil actions or special
2proceedings under and perform the duties set forth for the district attorney under ch.
3980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
4(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
5946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
6connection with court proceedings in a court assigned to exercise jurisdiction under
7chs. 48 and 938 as the judge may request and perform all appropriate duties and
8appear if the district attorney is designated in specific statutes, including matters
9within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
10the authority of the county board to designate, under s. 48.09 (5), that the corporation
11counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1248.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
13interests of the public under s. 48.14 or 938.14.
SB441-ASA1, s. 51 14Section 51. 978.05 (8) (b) of the statutes is amended to read:
SB441-ASA1,20,2415 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss.
16978.043 (1) and 978.044, make appropriate assignments of the staff throughout the
17prosecutorial unit. The district attorney may request the assistance of district
18attorneys, deputy district attorneys, or assistant district attorneys from other
19prosecutorial units or assistant attorneys general who then may appear and assist
20in the investigation and prosecution of any matter for which a district attorney is
21responsible under this chapter in like manner as assistants in the prosecutorial unit
22and with the same authority as the district attorney in the unit in which the action
23is brought. Nothing in this paragraph limits the authority of counties to regulate the
24hiring, employment, and supervision of county employees.
SB441-ASA1, s. 52 25Section 52. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
SB441-ASA1, s. 53
1Section 53. 978.13 (2) (a) of the statutes is created to read:
SB441-ASA1,21,52 978.13 (2) (a) In this subsection, "costs related to the operation of the district
3attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
4(2) but do not include costs for which a prosecutorial unit receives reimbursement
5under s. 978.043 (2).
SB441-ASA1, s. 54 6Section 54. 980.01 (1) of the statutes is renumbered 980.01 (1m).
SB441-ASA1, s. 55 7Section 55. 980.01 (1g) of the statutes is created to read:
SB441-ASA1,21,98 980.01 (1g) "Act of sexual violence" means conduct that constitutes the
9commission of a sexually violent offense.
SB441-ASA1, s. 56 10Section 56. 980.01 (1m) of the statutes is created to read:
SB441-ASA1,21,1111 980.01 (1m) "Likely" means more likely than not.
SB441-ASA1, s. 57 12Section 57. 980.01 (5) of the statutes is amended to read:
SB441-ASA1,21,1513 980.01 (5) "Sexually motivated" means that one of the purposes for an act is
14for the actor's sexual arousal or gratification or for the sexual humiliation or
15degradation of the victim
.
SB441-ASA1, s. 58 16Section 58. 980.01 (6) (a) of the statutes is amended to read:
SB441-ASA1,21,1817 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
18(2), 948.025, 948.06, or 948.07.
SB441-ASA1, s. 59 19Section 59. 980.01 (6) (am) of the statutes is created to read:
SB441-ASA1,21,2120 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
21law of this state and that is comparable to any crime specified in par. (a).
SB441-ASA1, s. 60 22Section 60. 980.01 (6) (b) of the statutes is amended to read:
SB441-ASA1,22,223 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
24940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32,

1or 948.03
that is determined, in a proceeding under s. 980.05 (3) (b), to have been
2sexually motivated.
SB441-ASA1, s. 61 3Section 61. 980.01 (6) (bm) of the statutes is created to read:
SB441-ASA1,22,64 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
5law of this state, that is comparable to any crime specified in par. (b) and that is
6determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
SB441-ASA1, s. 62 7Section 62. 980.01 (6) (c) of the statutes is amended to read:
SB441-ASA1,22,98 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under
9par. (a) or, (am), (b), or (bm).
SB441-ASA1, s. 63 10Section 63. 980.01 (7) of the statutes is amended to read:
SB441-ASA1,22,1711 980.01 (7) "Sexually violent person" means a person who has been convicted
12of a sexually violent offense, has been adjudicated delinquent for a sexually violent
13offense, or has been found not guilty of or not responsible for a sexually violent
14offense by reason of insanity or mental disease, defect, or illness, and who is
15dangerous because he or she suffers from a mental disorder that makes it
16substantially probable likely that the person will engage in one or more acts of sexual
17violence.
SB441-ASA1, s. 64 18Section 64. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and
19amended to read:
SB441-ASA1,22,2020 980.015 (1) (intro.) In this section, "agency:
SB441-ASA1,22,22 21(a) "Agency with jurisdiction" means the agency with the authority or duty to
22release or discharge the person.
SB441-ASA1, s. 65 23Section 65. 980.015 (1) (b) of the statutes is created to read:
SB441-ASA1,23,524 980.015 (1) (b) "Continuous term of incarceration, any part of which was
25imposed for a sexually violent offense," includes confinement in a secured

1correctional facility, as defined in s. 938.02 (15m), or a secured child caring
2institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s.
3938.02 (15p), if the person was placed in the facility for being adjudicated delinquent
4under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually
5violent offense.
SB441-ASA1, s. 66 6Section 66. 980.015 (2) (intro.) of the statutes is amended to read:
SB441-ASA1,23,117 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over
8a person who may meet the criteria for commitment as a sexually violent person, the
9agency with jurisdiction shall inform each appropriate district attorney and the
10department of justice regarding the person as soon as possible beginning 3 months
1190 days prior to the applicable date of the following:
SB441-ASA1, s. 67 12Section 67. 980.015 (2) (a) of the statutes is amended to read:
SB441-ASA1,23,1913 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or
14release, on parole or, extended supervision, or anticipated release otherwise, from a
15sentence of
imprisonment of a person who has been convicted of or term of
16confinement in prison that was imposed for a conviction for
a sexually violent offense,
17from a continuous term of incarceration, any part of which was imposed for a sexually
18violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any
19part of which was imposed for a sexually violent offense
.
SB441-ASA1, s. 68 20Section 68. 980.015 (2) (b) of the statutes is amended to read:
SB441-ASA1,23,2521 980.015 (2) (b) The anticipated release from a secured correctional facility, as
22defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
23(15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was
24placed in the facility as a result of being
adjudicated delinquent under s. 48.34, 1993
25stats., or under
s. 938.183 or 938.34 on the basis of a sexually violent offense.
SB441-ASA1, s. 69
1Section 69. 980.015 (2) (c) of the statutes is amended to read:
SB441-ASA1,24,52 980.015 (2) (c) The anticipated release on conditional release under s. 971.17
3or the anticipated
termination of or discharge of a from a commitment order under
4s. 971.17, if the
person who has been found not guilty of a sexually violent offense by
5reason of mental disease or defect under s. 971.17.
SB441-ASA1, s. 70 6Section 70. 980.015 (2) (d) of the statutes is created to read:
SB441-ASA1,24,87 980.015 (2) (d) The anticipated release on parole or discharge of a person
8committed under ch. 975 for a sexually violent offense.
SB441-ASA1, s. 71 9Section 71. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
10to read:
SB441-ASA1,24,1311 980.14 (2) Any agency or officer, employee, or agent of an agency is immune
12from criminal or civil liability for any acts or omissions as the result of a good faith
13effort to comply with any provision of this section chapter.
SB441-ASA1, s. 72 14Section 72. 980.02 (1) (a) of the statutes is amended to read:
SB441-ASA1,24,1815 980.02 (1) (a) The department of justice at the request of the agency with
16jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice
17decides to file a petition under this paragraph, it shall file the petition before the date
18of the release or discharge of the person.
SB441-ASA1, s. 73 19Section 73. 980.02 (1) (b) 3. of the statutes is created to read:
SB441-ASA1,24,2320 980.02 (1) (b) 3. The county in which the person is in custody under a sentence,
21a placement to a secured correctional facility, as defined in s. 938.02 (15m), a secured
22child caring institution, as defined in s. 938.02 (15g), or a secured group home, as
23defined in s. 938.02 (15p), or a commitment order.
SB441-ASA1, s. 74 24Section 74. 980.02 (1m) of the statutes is created to read:
SB441-ASA1,25,2
1980.02 (1m) A petition filed under this section shall be filed before the person
2is released or discharged.
SB441-ASA1, s. 75 3Section 75. 980.02 (2) (ag) of the statutes is repealed.
SB441-ASA1, s. 76 4Section 76. 980.02 (2) (c) of the statutes is amended to read:
SB441-ASA1,25,75 980.02 (2) (c) The person is dangerous to others because the person's mental
6disorder creates a substantial probability makes it likely that he or she will engage
7in acts of sexual violence.
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