AB945: Bill Text

AB945,62,20 (3) Post verdict motions. Motions after verdict may be made without further notice upon receipt of the verdict.

AB945,62,22 (4) Appeals. Any party may appeal an order under this subsection as a final order under chs. 808 and 809.

AB945, s. 120 Section 120. 980.10 of the statutes is repealed.

AB945, s. 121 Section 121. 980.101 (2) (a) of the statutes is amended to read:

AB945,63,6 980.101 (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.

AB945, s. 122 Section 122. 980.11 (2) (intro.) of the statutes is amended to read:

AB945,63,10 980.11 (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:

AB945, s. 123 Section 123. 980.12 (1) of the statutes is amended to read:

AB945,63,15 980.12 (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.

AB945, s. 124 Section 124. 980.14 (title) of the statutes is created to read:

AB945,63,17 980.14 (title) Immunity.

AB945, s. 125 Section 125. 980.14 (1) of the statutes is created to read:

AB945,63,21 980.14 (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.

AB945, s. 126 Section 126. Nonstatutory provisions.

AB945,64,2 (1) (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.

AB945,64,4 (b) The departments of corrections and health and family services shall provide necessary administrative support services to the committee.

AB945,64,8 (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.

AB945,64,9 (d) The members of the committee shall be:

AB945,64,11 1. The chairperson of the Milwaukee County board of supervisors or his or her designee.

AB945,64,12 2. The chief of police of the city of Milwaukee or his or her designee.

AB945,64,13 3. The county executive of Milwaukee County or his or her designee.

AB945,64,14 4. The district attorney of Milwaukee County or his or her designee.

AB945,64,15 5. The mayor of the city of Milwaukee or his or her designee.

AB945,64,16 6. The sheriff of Milwaukee County or his or her designee.

AB945,64,18 7. One representative of the Milwaukee County Law Enforcement Executives Association who is not from the city of Milwaukee.

AB945,64,20 8. One representative of the intergovernmental cooperation council who is not from the city of Milwaukee.

AB945,64,22 9. Three other individuals who are residents of the city of Milwaukee, to be appointed by the governor.

AB945,64,24 10. Two other individuals who are residents of Milwaukee County but who are not residents of the city of Milwaukee, to be appointed by the governor.

AB945,65,2 (e) The governor shall appoint the chair of the committee from the individuals appointed under par. (d) 9. and 10.

AB945,65,6 (f) 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:

AB945,65,7 1. Community safety.

AB945,65,8 2. Proximity to sensitive locations.

AB945,65,9 3. Ability to make the facility secure.

AB945,65,10 4. Accessibility to treatment for the persons living in the facility.

AB945,65,14 (g) No later than December 31, 2004, the committee shall submit a report to the departments of corrections and health and family services recommending specific locations that the committee determines are appropriate for the placement of the facility.

AB945, s. 127 Section 127. Initial applicability.

AB945,65,20 (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.

AB945,65,23 (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.

AB945,66,4 (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.

AB945,66,6 (4) This act first applies to discharge proceedings commenced on the effective date of this subsection.

AB945, s. 128 Section 128. Effective dates. This act takes effect on the first day of the 2nd month beginning after publication, except as follows:

AB945,66,10 (1) This treatment of section 946.42 (1) (a) and (3m) of the statutes takes effect on the day after publication.

AB945,66,11 (End)