LRB-1937/1
MGD:kmg:jf
2003 - 2004 LEGISLATURE
April 18, 2003 - Introduced by Representatives Johnsrud, Hines, Gundrum,
McCormick, Ott, Krawczyk, Lassa, Ainsworth, Hundertmark, J. Fitzgerald,
Jeskewitz and J. Wood, cosponsored by Senators Harsdorf, A. Lasee,
Kanavas, Leibham and
Darling. Referred to Committee on Judiciary.
AB270,1,9
1An Act to renumber 302.11 (4m), 302.116 (1) (a) and 971.17 (1);
to renumber
2and amend 980.08 (4) and 980.08 (5);
to amend 46.10 (2), 51.42 (3) (aw) 1. d.,
3302.11 (1), 971.17 (1g), 971.17 (1h), 971.17 (1j) (b), 971.17 (1m) (a), 971.17 (1m)
4(b) 1m., 971.17 (1m) (b) 2m., 971.17 (3) (a), 971.17 (3) (e), 971.17 (4) (d), 971.17
5(6) (a) (intro.), 971.17 (6) (b), 980.08 (3) and 980.08 (6m); and
to create 302.11
6(1g) (b) 3., 302.11 (4m) (b), 302.116 (1) (ad), 302.116 (1) (af), 302.116 (3), 304.02
7(4t), 304.06 (2m) (af), 971.17 (1b), 971.17 (4f), 973.09 (8), 975.10 (1m), 980.08 (4)
8(a) 1. b., 980.08 (5) (a) 2. and 980.08 (5) (b) of the statutes;
relating to: the
9residence of child sex offenders.
Analysis by the Legislative Reference Bureau
Current law restricts where certain persons who have been convicted of first or
second degree sexual assault, first or second degree sexual assault of a child,
repeated sexual assault of a child, incest with a child, or child enticement (a "serious
sex offense") may reside if they are living in the community. First, no person who has
been convicted of a serious sex offense (a "sex offender") may be paroled to any county
where there is a correctional institution that has a specialized sex offender treatment
program, unless that county was the person's county of residence at the time of the
person's offense. Second, any sex offender who is released to extended supervision
must agree, as a condition of extended supervision, to live in a residence that the
Department of Corrections (DOC) has approved. Current law also imposes certain
obligations on DOC with respect to where sex offenders reside. DOC must work to
minimize, to the greatest extent possible, the residential population density of sex
offenders who are on probation, parole, or extended supervision or who are placed
on supervised release after having been committed for treatment as sexually violent
persons.
This bill places additional restrictions on where a child sex offender — defined
as a person who has been convicted of child enticement; using a computer to facilitate
having sex with a child; attempting to commit either of these crimes; or, if the victim
or the intended victim was under 18, any other serious sex offense -- may reside.
Under the bill, a child sex offender who is being placed in the community under the
supervision of DOC (through parole, extended supervision, or probation) may not
reside within 1,000 feet of any of the following places: 1) a state, county, city, village,
or town park; 2) a multiunit public housing project; 3) a public swimming pool; 4) a
child care facility; 5) a youth center; 6) a community center; or 7) any private or public
school premises. The bill imposes the same restriction on: 1) any person being placed
in the community on conditional release after having been found not guilty by reason
of mental disease or defect of child enticement; using a computer to facilitate having
sex with a child; attempting to commit either of these crimes; or, if the victim or the
intended victim was under 18, any other serious sex offense; and 2) any person placed
on supervised release after having been committed for treatment as a sexually
violent person, regardless of the offense or offenses that provided a basis for his or
her commitment.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB270, s. 1
1Section
1. 46.10 (2) of the statutes is amended to read:
AB270,3,212
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
3including but not limited to a person admitted, committed
, or placed under s. 975.01,
41977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13,
551.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12)
, and (13), 55.05, 55.06, 971.14
6(2) and (5), 971.17
(1) (1d), 975.06
, and 980.06, receiving care, maintenance, services
, 7and supplies provided by any institution in this state including University of
1Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of
2the person's care, maintenance, services
, and supplies, any person receiving care and
3services from a county department established under s. 51.42 or 51.437 or from a
4facility established under s. 49.73, and any person receiving treatment and services
5from a public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d)
6or (4) (e) or 980.08 (5)
(c) and the person's property and estate, including the
7homestead, and the spouse of the person, and the spouse's property and estate,
8including the homestead, and, in the case of a minor child, the parents of the person,
9and their property and estates, including their homestead, and, in the case of a
10foreign child described in s. 48.839 (1) who became dependent on public funds for his
11or her primary support before an order granting his or her adoption, the resident of
12this state appointed guardian of the child by a foreign court who brought the child
13into this state for the purpose of adoption, and his or her property and estate,
14including his or her homestead, shall be liable for the cost of the care, maintenance,
15services
, and supplies in accordance with the fee schedule established by the
16department under s. 46.03 (18). If a spouse, widow
, or minor, or an incapacitated
17person may be lawfully dependent upon the property for their support, the court
18shall release all or such part of the property and estate from the charges that may
19be necessary to provide for those persons. The department shall make every
20reasonable effort to notify the liable persons as soon as possible after the beginning
21of the maintenance, but the notice or the receipt thereof is not a condition of liability.
AB270, s. 2
22Section
2. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
AB270,4,523
51.42
(3) (aw) 1. d. Provide treatment and services that are specified in a
24conditional release plan approved by a court for a person who is a county resident and
25is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
1release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5)
2(d). If the county department provides treatment and services under this
3subdivision, the department of health and family services shall, from the
4appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the
5treatment and services.
AB270, s. 3
6Section
3. 302.11 (1) of the statutes is amended to read:
AB270,4,137
302.11
(1) The warden or superintendent shall keep a record of the conduct of
8each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
9(1m), (1q), (1z),
(4m) (b), (7)
, and (10), each inmate is entitled to mandatory release
10on parole by the department. The mandatory release date is established at
11two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b)
12or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a
13whole day.
AB270, s. 4
14Section
4. 302.11 (1g) (b) 3. of the statutes is created to read:
AB270,4,2015
302.11
(1g) (b) 3. Refusal by the inmate, if the inmate is a child sex offender,
16as defined in s. 302.116 (1) (af), to reside, as a condition of parole, in a residence that
17is not within 1,000 feet of any state, county, city, village, or town park, a multiunit
18public housing project, a swimming pool open to members of the public, a child care
19facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any
20private or public school premises.
AB270, s. 5
21Section
5. 302.11 (4m) of the statutes is renumbered 302.11 (4m) (a).
AB270, s. 6
22Section
6. 302.11 (4m) (b) of the statutes is created to read:
AB270,5,323
302.11
(4m) (b) A child sex offender, as defined in s. 302.116 (1) (af), is not
24entitled to mandatory release on parole under this section unless he or she agrees,
25as a condition of parole, not to reside within 1,000 feet of any state, county, city,
1village, or town park, a multiunit public housing project, a swimming pool open to
2members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth
3center, a community center, or any private or public school premises.
AB270, s. 7
4Section
7. 302.116 (1) (a) of the statutes is renumbered 302.116 (1) (at).
AB270, s. 8
5Section
8. 302.116 (1) (ad) of the statutes is created to read:
AB270,5,86
302.116
(1) (ad) "Child care facility" means a child care facility that is operated
7by a person licensed under s. 48.65 or 48.69 or certified under s. 48.651 or that is
8established or contracted for under s. 120.13 (14).
AB270, s. 9
9Section
9. 302.116 (1) (af) of the statutes is created to read:
AB270,5,1110
302.116
(1) (af) "Child sex offender" means a person serving a sentence for any
11of the following:
AB270,5,1312
1. A violation of s. 948.07 or 948.075 or a solicitation or conspiracy to commit
13a violation of s. 948.07 or 948.075.
AB270,5,1614
2. Any other serious sex offense, if the victim or the intended victim of the
15serious sex offense was a person who had not attained the age of 18 years at the time
16of the offense.
AB270, s. 10
17Section
10. 302.116 (3) of the statutes is created to read:
AB270,5,2218
302.116
(3) As a condition of extended supervision, a child sex offender shall
19live in a residence that is not within 1,000 feet of any state, county, city, village, or
20town park, a multiunit public housing project, a swimming pool open to members of
21the public, a child care facility, a youth center, a community center, or any private or
22public school premises.
AB270, s. 11
23Section
11. 304.02 (4t) of the statutes is created to read:
AB270,6,424
304.02
(4t) Notwithstanding subs. (1) to (3), a child sex offender, as defined in
25s. 302.116 (1) (af), may not be paroled under this section unless he or she agrees, as
1a condition of parole, not to reside within 1,000 feet of any state, county, city, village,
2or town park, a multiunit public housing project, a swimming pool open to members
3of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a
4community center, or any private or public school premises.
AB270, s. 12
5Section
12. 304.06 (2m) (af) of the statutes is created to read:
AB270,6,116
304.06
(2m) (af) Neither the parole commission nor the department may parole
7a child sex offender, as defined in s. 302.116 (1) (af), unless he or she agrees, as a
8condition of parole, not to reside within 1,000 feet of any state, county, city, village,
9or town park, a multiunit public housing project, a swimming pool open to members
10of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a
11community center, or any private or public school premises.
AB270, s. 13
12Section
13. 971.17 (1) of the statutes is renumbered 971.17 (1d).
AB270, s. 14
13Section
14. 971.17 (1b) of the statutes is created to read:
AB270,6,1514
971.17
(1b) In this section, "child sex offender" means a person who has been
15found not guilty by reason of mental disease or defect of any of the following:
AB270,6,1716
(a) A violation of s. 948.07 or 948.075 or a solicitation or conspiracy to commit
17a violation of s. 948.07 or 948.075.
AB270,6,2018
(b) Any other serious sex offense, if the victim or the intended victim of the
19serious sex offense was a person who had not attained the age of 18 years at the time
20of the offense.
AB270, s. 15
21Section
15. 971.17 (1g) of the statutes is amended to read:
AB270,6,2422
971.17
(1g) If the defendant under sub.
(1) (1d) is found not guilty of a felony
23by reason of mental disease or defect, the court shall inform the defendant of the
24requirements and penalties under s. 941.29.
AB270, s. 16
25Section
16. 971.17 (1h) of the statutes is amended to read:
AB270,7,4
1971.17
(1h) Notice of restrictions on possession of body armor. If the
2defendant under sub.
(1) (1d) is found not guilty of a violent felony, as defined in s.
3941.291 (1) (b), by reason of mental disease or defect, the court shall inform the
4defendant of the requirements and penalties under s. 941.291.
AB270, s. 17
5Section
17. 971.17 (1j) (b) of the statutes is amended to read:
AB270,7,116
971.17
(1j) (b) If a person is found not guilty by reason of mental disease or
7defect of a serious sex offense, the court may, in addition to committing the person
8to the department of health and family services under sub.
(1) (1d), place the person
9on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was
10given to the person under s. 973.125 and if the court determines that lifetime
11supervision of the person is necessary to protect the public.
AB270, s. 18
12Section
18. 971.17 (1m) (a) of the statutes is amended to read:
AB270,7,1613
971.17
(1m) (a) If the defendant under sub.
(1) (1d) is found not guilty by reason
14of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2)
, or
15948.025, the court shall require the person to provide a biological specimen to the
16state crime laboratories for deoxyribonucleic acid analysis.
AB270, s. 19
17Section
19. 971.17 (1m) (b) 1m. of the statutes is amended to read:
AB270,7,2518
971.17
(1m) (b) 1m. Except as provided in subd.2m., if the defendant under sub.
19(1) (1d) is found not guilty by reason of mental disease or defect for any violation, or
20for the solicitation, conspiracy
, or attempt to commit any violation, of ch. 940, 944
, 21or 948 or ss. 943.01 to 943.15, the court may require the defendant to comply with
22the reporting requirements under s. 301.45 if the court determines that the
23underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it
24would be in the interest of public protection to have the defendant report under s.
25301.45.
AB270, s. 20
1Section
20. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB270,8,102
971.17
(1m) (b) 2m. If the defendant under sub.
(1) (1d) is found not guilty by
3reason of mental disease or defect for a violation, or for the solicitation, conspiracy,
4or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2)
, or (3), 944.06, 948.02
5(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11
6(2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was
7a minor and the defendant was not the victim's parent, the court shall require the
8defendant to comply with the reporting requirements under s. 301.45 unless the
9court determines, after a hearing on a motion made by the defendant, that the
10defendant is not required to comply under s. 301.45 (1m).
AB270, s. 21
11Section
21. 971.17 (3) (a) of the statutes is amended to read:
AB270,8,2512
971.17
(3) (a) An order for commitment under this section shall specify either
13institutional care or conditional release. The court shall order institutional care if
14it finds by clear and convincing evidence that conditional release of the person would
15pose a significant risk of bodily harm to himself or herself or to others or of serious
16property damage
. If or that the person is a child sex offender who refuses to comply
17with sub. (4f). Otherwise, the court
does not make this finding, it shall order
18conditional release. In determining whether
commitment shall be for institutional
19care or conditional release the person would pose a significant risk of bodily harm to
20himself or herself or to others or of serious property damage, the court may consider,
21without limitation because of enumeration, the nature and circumstances of the
22crime, the person's mental history and present mental condition, where the person
23will live, how the person will support himself or herself, what arrangements are
24available to ensure that the person has access to and will take necessary medication,
25and what arrangements are possible for treatment beyond medication.
AB270, s. 22
1Section
22. 971.17 (3) (e) of the statutes is amended to read:
AB270,9,252
971.17
(3) (e) An order for conditional release places the person in the custody
3and control of the department of health and family services. A conditionally released
4person is subject to the conditions set by the court
and
, to the rules of the department
5of health and family services
, and, if applicable, to sub. (4f). Before a person is
6conditionally released by the court under this subsection, the court shall so notify the
7municipal police department and county sheriff for the area where the person will
8be residing. The notification requirement under this paragraph does not apply if a
9municipal department or county sheriff submits to the court a written statement
10waiving the right to be notified. If the department of health and family services
11alleges that a released person has violated any condition or rule, or that the safety
12of the person or others requires that conditional release be revoked, he or she may
13be taken into custody under the rules of the department. The department of health
14and family services shall submit a statement showing probable cause of the
15detention and a petition to revoke the order for conditional release to the committing
16court and the regional office of the state public defender responsible for handling
17cases in the county where the committing court is located within 48 hours after the
18detention. The court shall hear the petition within 30 days, unless the hearing or
19time deadline is waived by the detained person. Pending the revocation hearing, the
20department of health and family services may detain the person in a jail or in a
21hospital, center or facility specified by s. 51.15 (2). The state has the burden of
22proving by clear and convincing evidence that any rule or condition of release has
23been violated, or that the safety of the person or others requires that conditional
24release be revoked. If the court determines after hearing that any rule or condition
25of release has been violated, or that the safety of the person or others requires that
1conditional release be revoked, it may revoke the order for conditional release and
2order that the released person be placed in an appropriate institution under s. 51.37
3(3) until the expiration of the commitment or until again conditionally released
4under this section.
AB270, s. 23
5Section
23. 971.17 (4) (d) of the statutes is amended to read:
AB270,10,206
971.17
(4) (d) The court, without a jury, shall hear the petition within 30 days
7after the report of the court-appointed examiner is filed with the court, unless the
8petitioner waives this time limit. Expenses of proceedings under this subsection
9shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless
10it finds by clear and convincing evidence that the person would pose a significant risk
11of bodily harm to himself or herself or to others or of serious property damage if
12conditionally released
. In making this determination
or that the person is a child sex
13offender who refuses to comply with sub. (4f). In determining whether the person
14would pose a significant risk of bodily harm to himself or herself or to others or of
15serious property damage, the court may consider, without limitation because of
16enumeration, the nature and circumstances of the crime, the person's mental history
17and present mental condition, where the person will live, how the person will support
18himself or herself, what arrangements are available to ensure that the person has
19access to and will take necessary medication, and what arrangements are possible
20for treatment beyond medication.
AB270, s. 24
21Section
24. 971.17 (4f) of the statutes is created to read: