SB441-ASA1,27,20 20980.031 (title) Examinations.
SB441-ASA1, s. 84 21Section 84. 980.031 (1) and (2) of the statutes are created to read:
SB441-ASA1,27,2522 980.031 (1) If a person who is the subject of a petition filed under s. 980.02
23denies the facts alleged in the petition, the court may appoint at least one qualified
24licensed physician, licensed psychologist, or other mental health professional to
25conduct an examination of the person's mental condition and testify at trial.
SB441-ASA1,28,5
1(2) The state may retain a licensed physician, licensed psychologist, or other
2mental health professional to examine the mental condition of a person who is the
3subject of a petition under s. 980.02 or who has been committed under s. 980.06 and
4to testify at trial or at any other proceeding under this chapter at which testimony
5is authorized.
SB441-ASA1, s. 85 6Section 85. 980.034 of the statutes is created to read:
SB441-ASA1,28,13 7980.034 Change of place of trial or jury from another county. (1) The
8person who is the subject of a petition filed under s. 980.02 or who has been
9committed under this chapter may move for a change of the place of a jury trial under
10s. 980.05 on the ground that an impartial trial cannot be had in the county in which
11the trial is set to be held. The motion shall be made within 20 days after the
12completion or waiver of the probable cause hearing under s. 980.04 (2), whichever is
13applicable, except that it may be made after that time for cause.
SB441-ASA1,28,17 14(2) The motion shall be in writing and supported by affidavit which shall state
15evidentiary facts showing the nature of the prejudice alleged. The department of
16justice or the district attorney, whichever filed the petition under s. 980.02, may file
17counter-affidavits.
SB441-ASA1,28,23 18(3) If the court determines that there exists in the county where the action is
19pending such prejudice that a fair trial cannot be had, it shall, except as provided in
20sub. (4), order that the trial be held in any county where an impartial trial can be had.
21Only one change may be granted under this subsection. The judge who orders the
22change in the place of trial shall preside at the trial. Preliminary matters prior to
23trial may be conducted in either county at the discretion of the court.
SB441-ASA1,28,25 24(4) (a) Instead of changing the place of trial under sub. (3), the court may
25require the selection of a jury under par. (b) if all of the following apply:
SB441-ASA1,29,2
11. The court has decided to sequester the jurors after the commencement of the
2trial.
SB441-ASA1,29,33 2. There are grounds for changing the place of trial under sub. (1).
SB441-ASA1,29,54 3. The estimated costs to the county appear to be less using the procedure under
5this subsection than using the procedure for holding the trial in another county.
SB441-ASA1,29,106 (b) If the court decides to proceed under this subsection it shall follow the
7procedure under sub. (3) until the jury is chosen in the 2nd county. At that time, the
8proceedings shall return to the original county using the jurors selected in the 2nd
9county. The original county shall reimburse the 2nd county for all applicable costs
10under s. 814.22.
SB441-ASA1, s. 86 11Section 86. 980.036 of the statutes is created to read:
SB441-ASA1,29,12 12980.036 Discovery and inspection. (1) Definitions. In this section:
SB441-ASA1,29,1413 (a) "Person subject to this chapter" means a person who is subject to a petition
14filed under s. 980.02 or a person who has been committed under s. 980.06.
SB441-ASA1,29,1615 (b) "Prosecuting attorney" means an attorney representing the state in a
16proceeding under this chapter.
SB441-ASA1,29,23 17(2) What a prosecuting attorney must disclose to a person subject to this
18chapter.
Upon demand, a prosecuting attorney shall, within a reasonable time after
19the probable cause hearing and before a trial under s. 980.05 or other proceeding
20under s. 980.07 (7), 980.09 (2m), or 980.093 (3), disclose to a person subject to this
21chapter or the person's attorney, and permit the person or the person's attorney to
22inspect and copy or photograph, all of the following materials and information, if the
23material or information is within the possession, custody, or control of the state:
SB441-ASA1,30,224 (a) Any written or recorded statement made by the person concerning the
25allegations in the petition filed under s. 980.02 or concerning other matters at issue

1in the trial or proceeding and the names of witnesses to the person's written
2statements.
SB441-ASA1,30,53 (b) A written summary of all oral statements of the person that the prosecuting
4attorney plans to use in the course of the trial or proceeding and the names of
5witnesses to the person's oral statements.
SB441-ASA1,30,76 (c) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
7prosecuting attorney intends to use the evidence at the trial or proceeding.
SB441-ASA1,30,88 (d) A copy of the person's criminal record.
SB441-ASA1,30,119 (e) A list of all witnesses, and their addresses, whom the prosecuting attorney
10intends to call at the trial or proceeding. This paragraph does not apply to rebuttal
11witnesses or witnesses called for impeachment only.
SB441-ASA1,30,1312 (f) Any relevant written or recorded statements of a witness named on a list
13under par. (e), including all of the following:
SB441-ASA1,30,1414 1. Any videotaped oral statement of a child under s. 908.08.
SB441-ASA1,30,1515 2. Any reports prepared in accordance with s. 980.031 (5).
SB441-ASA1,30,2016 (g) The results of any physical or mental examination or any scientific or
17psychological test or instrument, experiment, or comparison that the prosecuting
18attorney intends to offer in evidence at the trial or proceeding, and any raw data that
19were collected, used, or considered in any manner as part of the examination, test,
20experiment, or comparison.
SB441-ASA1,30,2221 (h) The criminal record of a witness for the state that is known to the
22prosecuting attorney.
SB441-ASA1,30,2423 (i) Any physical or documentary evidence that the prosecuting attorney intends
24to offer in evidence at a trial or proceeding.
SB441-ASA1,30,2525 (j) Any exculpatory evidence.
SB441-ASA1,31,8
1(3) What a person subject to this chapter must disclose to the prosecuting
2attorney.
Upon demand, a person who is subject to this chapter or the person's
3attorney shall, within a reasonable time after the probable cause hearing and before
4a trial under s. 980.05 or other proceeding under s. 980.07 (7), 980.09 (2m), or 980.093
5(3), disclose to the prosecuting attorney, and permit the prosecuting attorney to
6inspect and copy or photograph, all of the following materials and information, if the
7material or information is within the possession, custody, or control of the person or
8the person's attorney:
SB441-ASA1,31,119 (a) A list of all witnesses, other than the person, whom the person intends to
10call at the trial or proceeding, together with their addresses. This paragraph does
11not apply to rebuttal witnesses or witnesses called for impeachment only.
SB441-ASA1,31,1312 (b) Any relevant written or recorded statements of a witness named on a list
13under par. (a), including any reports prepared in accordance with s. 980.031 (5).
SB441-ASA1,31,1814 (c) The results of any physical or mental examination or any scientific or
15psychological test or instrument, experiment, or comparison that the person intends
16to offer in evidence at the trial or proceeding, and any raw data that were collected,
17used, or considered in any manner as part of the examination, test, experiment, or
18comparison.
SB441-ASA1,31,2019 (d) The criminal record of a witness named on a list under par. (a) if the criminal
20record is known to the person's attorney.
SB441-ASA1,31,2221 (e) Any physical or documentary evidence that the person intends to offer in
22evidence at the trial or proceeding.
SB441-ASA1,32,2 23(4) Comment or instruction on failure to call witness. No comment or
24instruction regarding the failure to call a witness at the trial may be made or given

1if the sole basis for the comment or instruction is the fact that the name of the witness
2appears upon a list furnished under this section.
SB441-ASA1,32,6 3(5) Testing or analysis of evidence. On motion of a party, the court may order
4the production of any item of evidence or raw data that is intended to be introduced
5at the trial for testing or analysis under such terms and conditions as the court
6prescribes.
SB441-ASA1,32,15 7(6) Protective order. Upon motion of a party, the court may at any time order
8that discovery, inspection, or the listing of witnesses required under this section be
9denied, restricted, or deferred, or make other appropriate orders. If the prosecuting
10attorney or the attorney for a person subject to this chapter certifies that to list a
11witness may subject the witness or others to physical or economic harm or coercion,
12the court may order that the deposition of the witness be taken pursuant to s. 967.04
13(2) to (6). The name of the witness need not be divulged prior to the taking of such
14deposition. If the witness becomes unavailable or changes his or her testimony, the
15deposition shall be admissible at trial as substantive evidence.
SB441-ASA1,32,19 16(7) In camera proceedings. Either party may move for an in camera inspection
17by the court of any document required to be disclosed under sub. (2) or (3) for the
18purpose of masking or deleting any material that is not relevant to the case being
19tried. The court shall mask or delete any irrelevant material.
SB441-ASA1,32,24 20(8) Continuing duty to disclose. If, subsequent to compliance with a
21requirement of this section, and prior to or during trial, a party discovers additional
22material or the names of additional witnesses requested that are subject to discovery,
23inspection, or production under this section, the party shall promptly notify the other
24party of the existence of the additional material or names.
SB441-ASA1,33,4
1(9) Sanctions for failure to comply. (a) The court shall exclude any witness
2not listed or evidence not presented for inspection, copying, or photographing
3required by this section, unless good cause is shown for failure to comply. The court
4may in appropriate cases grant the opposing party a recess or a continuance.
SB441-ASA1,33,85 (b) In addition to or in place of any sanction specified in par. (a), a court may,
6subject to sub. (4), advise the jury of any failure or refusal to disclose material or
7information required to be disclosed under sub. (2) or (3), or of any untimely
8disclosure of material or information required to be disclosed under sub. (2) or (3).
SB441-ASA1,33,15 9(10) Payment of photocopy costs in cases involving indigent respondents.
10When the state public defender or a private attorney appointed under s. 977.08
11requests photocopies of any item that is discoverable under this section, the state
12public defender shall pay any fee charged for the photocopies from the appropriation
13under s. 20.550 (1) (a). If the person providing photocopies under this section charges
14the state public defender a fee for the photocopies, the fee may not exceed the actual,
15necessary, and direct cost of photocopying.
SB441-ASA1,33,18 16(11) Exclusive method of discovery. Chapter 804 does not apply to
17proceedings under this chapter. This section provides the only methods of obtaining
18discovery and inspection in proceedings under this chapter.
SB441-ASA1, s. 87 19Section 87. 980.038 of the statutes is created to read:
SB441-ASA1,34,2 20980.038 Miscellaneous procedural provisions. (1) Motions challenging
21jurisdiction or competency of court or timeliness of petition.
(a) A motion
22challenging the jurisdiction or competency of the court or the timeliness of a petition
23filed under s. 980.02 shall be filed within 10 days after the court holds the probable
24cause hearing under s. 980.04 (2). Failure to file a motion within the time specified

1in this paragraph waives the right to challenge the jurisdiction or competency of the
2court or the timeliness of a petition filed under s. 980.02.
SB441-ASA1,34,73 (b) Notwithstanding s. 801.11, a court may exercise personal jurisdiction over
4a person who is the subject of a petition filed under s. 980.02 even though the person
5is not served as provided under s. 801.11 (1) or (2) with a verified petition and
6summons or with an order for detention under s. 980.04 (1) and the person has not
7had a probable cause hearing under s. 980.04 (2).
SB441-ASA1,34,14 8(2) Evidence of refusal to participate in examination. (a) At any hearing
9under this chapter, the state may present evidence or comment on evidence that a
10person who is the subject of a petition filed under s. 980.02 or a person who has been
11committed under this chapter refused to participate in an examination of his or her
12mental condition that was being conducted under this chapter or that was conducted
13before the petition under s. 980.02 was filed for the purpose of evaluating whether
14to file a petition.
SB441-ASA1,34,1815 (b) A licensed physician, licensed psychologist, or other mental health
16professional may indicate in any written report that he or she prepares in connection
17with a proceeding under this chapter that the person whom he or she examined
18refused to participate in the examination.
SB441-ASA1,35,4 19(3) Testimony by telephone or live audiovisual means. Unless good cause to
20the contrary is shown, proceedings under ss. 980.04 (2) (a) and 980.08 (5) (d) may be
21conducted by telephone or audiovisual means, if available. If the proceedings are
22required to be reported under SCR 71.02 (2), the proceedings shall be reported by a
23court reporter who is in simultaneous voice communication with all parties to the
24proceeding. Regardless of the physical location of any party to the telephone call, any
25action taken by the court or any party shall have the same effect as if made in open

1court. The proceedings shall be conducted in a courtroom or other place reasonably
2accessible to the public. Simultaneous access to the proceeding shall be provided to
3persons entitled to attend by means of a loudspeaker or, upon request to the court,
4by making a person party to the telephone call without charge.
SB441-ASA1,35,14 5(4) Motions for postcommitment relief; appeal. (a) A motion for
6postcommitment relief by a person committed under s. 980.06 shall be made in the
7time and manner provided in ss. 809.30 and 809.40. An appeal by a person who has
8been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09
9or from an order denying a motion for postcommitment relief or from both shall be
10taken in the time and manner provided in ss. 808.04 (3), 809.30, and 809.40. If a
11person is seeking relief from an order of commitment under s. 980.06, the person
12shall file a motion for postcommitment relief in the trial court prior to an appeal
13unless the grounds for seeking relief are sufficiency of the evidence or issues
14previously raised.
SB441-ASA1,35,1715 (b) An appeal by the state from a final judgment or order under this chapter
16may be taken to the court of appeals within the time specified in s. 808.04 (4) and in
17the manner provided for civil appeals under chs. 808 and 809.
SB441-ASA1,35,24 18(5) Failure to comply with time limits; effect. Failure to comply with any time
19limit specified in this chapter does not deprive the circuit court of personal or subject
20matter jurisdiction or of competency to exercise that jurisdiction. Failure to comply
21with any time limit specified in this chapter is not grounds for an appeal or grounds
22to vacate any order, judgment, or commitment issued or entered under this chapter.
23Failure to object to a period of delay or a continuance waives the time limit that is
24the subject of the period of delay or continuance.
SB441-ASA1,36,3
1(6) Errors and defects not affecting substantial rights. The court shall, in
2every stage of a proceeding under this chapter, disregard any error or defect in the
3pleadings or proceedings that does not affect the substantial rights of either party.
SB441-ASA1, s. 88 4Section 88. 980.04 (1) of the statutes is amended to read:
SB441-ASA1,36,185 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review
6the petition to determine whether to issue an order for detention of the person who
7is the subject of the petition. The person shall be detained only if there is probable
8cause to believe that the person is eligible for commitment under s. 980.05 (5). A
9person detained under this subsection shall be held in a facility approved by the
10department. If the person is serving a sentence of imprisonment, is in a secured
11correctional facility, as defined in s. 938.02 (15m), a secured child caring institution,
12as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p),
13or is committed to institutional care, and the court orders detention under this
14subsection, the court shall order that the person be transferred to a detention facility
15approved by the department. A detention order under this subsection remains in
16effect until the person is discharged petition is dismissed after a hearing under sub.
17(3) or
after a trial under s. 980.05 (5) or until the effective date of a commitment order
18under s. 980.06, whichever is applicable.
SB441-ASA1, s. 89 19Section 89. 980.04 (2) of the statutes is renumbered 980.04 (2) (a) and
20amended to read:
SB441-ASA1,37,521 980.04 (2) (a) Whenever a petition is filed under s. 980.02, the court shall hold
22a hearing to determine whether there is probable cause to believe that the person
23named in the petition is a sexually violent person. If the person named in the petition
24is in custody, the court shall hold the probable cause hearing within 72 hours after
25the petition is filed, excluding Saturdays, Sundays and legal holidays. If the person

1named in the petition is not in custody, the
Except as provided in par. (b), the court
2shall hold the probable cause hearing within a reasonable time 30 days, excluding
3Saturdays, Sundays, and legal holidays,
after the filing of the petition, unless that
4time is extended by the court for good cause shown upon its own motion, the motion
5of any party, or the stipulation of the parties
.
SB441-ASA1, s. 90 6Section 90. 980.04 (2) (b) of the statutes is created to read:
SB441-ASA1,37,147 980.04 (2) (b) If the person named in the petition is in custody under a sentence,
8dispositional order, or commitment and the probable cause hearing will be held after
9the date on which the person is scheduled to be released or discharged from the
10sentence, dispositional order, or commitment, the probable cause hearing under par.
11(a) shall be held no later than 10 days after the person's scheduled release or
12discharge date, excluding Saturdays, Sundays, and legal holidays, unless that time
13is extended by the court for good cause shown upon its own motion, the motion of any
14party, or the stipulation of the parties.
SB441-ASA1, s. 91 15Section 91. 980.04 (3) of the statutes is amended to read:
SB441-ASA1,37,2316 980.04 (3) If the court determines after a hearing that there is probable cause
17to believe that the person named in the petition is a sexually violent person, the court
18shall order that the person be taken into custody if he or she is not in custody and
19shall order the person to be transferred within a reasonable time to an appropriate
20facility specified by the department for an evaluation by the department as to
21whether the person is a sexually violent person. If the court determines that
22probable cause does not exist to believe that the person is a sexually violent person,
23the court shall dismiss the petition.
SB441-ASA1, s. 92 24Section 92. 980.05 (1) of the statutes is amended to read:
SB441-ASA1,38,5
1980.05 (1) A trial to determine whether the person who is the subject of a
2petition under s. 980.02 is a sexually violent person shall commence no later than 45
390 days after the date of the probable cause hearing under s. 980.04. The court may
4grant a continuance one or more continuances of the trial date for good cause upon
5its own motion, the motion of any party or the stipulation of the parties.
SB441-ASA1, s. 93 6Section 93. 980.05 (1m) of the statutes is repealed.
SB441-ASA1, s. 94 7Section 94. 980.05 (2m) of the statutes is created to read:
SB441-ASA1,38,148 980.05 (2m) (a) At a jury trial under this section, juries shall be selected and
9treated in the same manner as they are selected and treated in civil actions in circuit
10court, except that, notwithstanding s. 805.08 (3), each party shall be entitled to 4
11peremptory challenges or, if the court orders additional jurors to be selected under
12s. 805.08 (2), to 5 peremptory challenges. A party may waive in advance any or all
13of its peremptory challenges and the number of jurors called under par. (b) shall be
14reduced by this number.
SB441-ASA1,38,2215 (b) The number of jurors selected shall be the number prescribed in sub. (2),
16unless a lesser number has been stipulated to and approved under par. (c) or the court
17orders that additional jurors be selected. That number of jurors, plus the number
18of peremptory challenges available to all of the parties, shall be called initially and
19maintained in the jury box by calling others to replace jurors excused for cause until
20all jurors have been examined. The parties shall thereupon exercise in their order,
21the state beginning, the peremptory challenges available to them, and if any party
22declines to challenge, the challenge shall be made by the clerk by lot.
SB441-ASA1,39,223 (c) At any time before the verdict in a jury trial under this section, the parties
24may stipulate in writing or by statement in open court, on the record, with the

1approval of the court, that the jury shall consist of any number less than the number
2prescribed in sub. (2).
SB441-ASA1, s. 95 3Section 95. 980.05 (3) (a) of the statutes is amended to read:
SB441-ASA1,39,64 980.05 (3) (a) At a trial on a petition under this chapter, the petitioner has the
5burden of proving the allegations in the petition beyond a reasonable doubt that the
6person who is the subject of the petition is a sexually violent person
.
SB441-ASA1, s. 96 7Section 96. 980.05 (3) (b) of the statutes is amended to read:
SB441-ASA1,39,118 980.05 (3) (b) If the state alleges that the sexually violent offense or act that
9forms the basis for the petition was an act that was sexually motivated as provided
10in s. 980.01 (6) (b) or (bm), the state is required to prove beyond a reasonable doubt
11that the alleged sexually violent act was sexually motivated.
SB441-ASA1, s. 97 12Section 97. 980.07 (1) of the statutes is renumbered 980.07 (1) (intro.) and
13amended to read:
SB441-ASA1,39,2214 980.07 (1) (intro.) If a person has been is committed under s. 980.06 and has
15not been discharged under s. 980.09 or 980.093, the department shall conduct an
16examination of his or her mental condition within 6 12 months after an the date of
17the
initial commitment order under s. 980.06 and again thereafter at least once each
1812 months for the purpose of determining to determine whether the person has made
19sufficient progress for the court to consider whether the person should be placed on
20supervised release or discharged. At the time of a reexamination under this section,
21the person who has been committed may retain or seek to have the court appoint an
22any of the following:
SB441-ASA1,39,25 23(a) An examiner as provided under s. 980.03 (4) 980.031 (3). The county shall
24pay the costs of an examiner appointed under this paragraph as provided under s.
2551.20 (18) (a)
.
SB441-ASA1, s. 98
1Section 98. 980.07 (1) (b) of the statutes is created to read:
SB441-ASA1,40,22 980.07 (1) (b) An attorney as provided under s. 980.03 (2) (a).
SB441-ASA1, s. 99 3Section 99. 980.07 (1g) of the statutes is created to read:
SB441-ASA1,40,74 980.07 (1g) Any examiners under this section shall have reasonable access to
5the person for purposes of examination and to the person's past and present
6treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as
7provided under s. 146.82 (2) (c).
SB441-ASA1, s. 100 8Section 100. 980.07 (1m) of the statutes is created to read:
SB441-ASA1,40,149 980.07 (1m) At the time for any examination under sub. (1), the department
10shall prepare a treatment report based on its treating professionals' evaluation of the
11person's progress in treatment and of whether that progress has been sufficient and
12their description of the type of treatment that the person would need in the
13community if supervised release were ordered. The department shall provide a copy
14of this report to any examiner conducting an examination under sub. (1).
SB441-ASA1, s. 101 15Section 101. 980.07 (2) of the statutes is amended to read:
SB441-ASA1,41,616 980.07 (2) Any examiner conducting an examination under this section sub. (1)
17shall prepare a written report of the examination no later than 30 days after the date
18of the examination. The examiner shall place a copy of the report in the person's
19medical records and shall provide a copy of the report to the department. The report
20shall include an assessment of the risk that the person will reoffend, whether the risk
21can be safely managed in the community if reasonable conditions of supervision and
22security are imposed, and whether the treatment that the person needs is available
23in the community. The department shall then send the treatment report, the written
24examination report, and a written statement from the department recommending
25continued institutional care, supervised release, or discharge
to the court that

1committed the person under s. 980.06. A copy of each report and the department's
2recommendation shall be provided also to the district attorney or department of
3justice, whichever is applicable, and to the person's attorney as soon as he or she is
4retained or appointed. If the department concludes that the person does not meet
5the criteria for commitment as a sexually violent person, the department shall
6petition for discharge in accordance with the provisions of s. 980.09 (1).
SB441-ASA1, s. 102 7Section 102. 980.07 (3) of the statutes is amended to read:
SB441-ASA1,41,118 980.07 (3) Notwithstanding sub. (1), the court that committed a person under
9s. 980.06 may order a reexamination of the person at any time during the period in
10which the person is subject to the commitment order. Any report ordered under this
11subsection shall conform to subs. (1m) and (2).
SB441-ASA1, s. 103 12Section 103. 980.07 (4) to (7) of the statutes are created to read:
SB441-ASA1,41,1713 980.07 (4) (a) Within 30 days after the filing of the reexamination report,
14treatment report, and recommendation under this section, the person subject to the
15commitment, the district attorney, or the department of justice, whichever is
16applicable, may object to the department's recommendation under sub. (2) by filing
17a written objection with the court.
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