SB481: Bill Text

SB481, s. 16 Section 16. 980.08 (5) (a) 5. and 6. and (b) and (6) of the statutes are created to read:

SB481,11,20 980.08 (5) (a) 5. Identifies where the person shall live.

SB481,11,25 6. Includes a written agreement from the person providing the housing described in subd. 5. to accept the person who will reside there, to provide the level of security required by the court, and to immediately report to the department if the person leaves the housing without authorization. This subdivision does not apply to a person to whom s. 980.085 applies.

SB481,12,3 (b) Before submitting a supervised release plan to the court under sub. (6) (a) for a person other than one to whom s. 980.085 applies, the department and county department shall do all of the following in the order specified:

SB481,12,6 1. Identify a proposed placement. In identifying any proposed placement, the department and the county department shall consider the proximity of the placement to all of the following:

SB481,12,7 a. The residence of other persons on supervised release.

SB481,12,10 b. The residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am).

SB481,12,12 c. Any facility for children described in subd. 2. of which the department or the county department is aware.

SB481,12,13 d. Any residential subdivision.

SB481,12,23 2. Prepare a list and a map of all public or private schools, group homes, as defined in s. 48.02 (7), residential care centers for children and youth, as defined in s. 48.02 (15d), shelter care facilities, as defined in s. 48.02 (17), foster homes, as defined in s. 48.02 (6), treatment foster homes, as defined in s. 48.02 (17q), day care centers licensed under s. 48.65, day care programs established under s. 120.13 (14), day care providers certified under s. 48.651, youth centers, as defined in s. 961.01 (22), and residential subdivisions that are located within one mile of any proposed residence. The department and the county department shall work with the municipality in which the residence is located and each municipality within one mile of the residence in preparing the list and the map.

SB481,13,6 3. Submit the address of the proposed placement, the list, and the map to the common council or the village or town board for the municipality in which the residence is located and each municipality within one mile of the residence. Each such common council or village or town board shall review the list and map and may provide the department and the county department comments regarding the risks that the use of the proposed placement might entail for the community based on its proximity to any residential subdivision or any facility for children described in subd. 2. included in the list.

SB481,13,7 4. Consider any comments that it receives under subd. 3.

SB481,13,23 (6) (a) The department and the county department shall present the plan for supervised release prepared under sub. (5) and, unless s. 980.085 (1) applies, the list and map of facilities for children and residential subdivisions prepared under sub. (5) (b) 2. and the comments submitted under sub. (5) (b) 3. to the court no less than 90 days after the notification under sub. (4) (e), unless the department, county department, and person to be released request additional time to develop the plan. When the department and county department submit the plan to the court, the department and county department shall notify the individuals identified under par. (b) 1. to 3. of the residence identified in the plan. Unless s. 980.085 (1) applies, the department and the county department shall also provide those individuals copies of the list and map of facilities for children and residential subdivisions compiled under sub. (5) (b) 2. and the comments submitted under sub. (5) (b) 3. If any of those individuals receiving the list notifies the department in writing of a facility or residential subdivision that the department and county department are required to include on the list, but that is not on the list, the department shall notify the court of the additional facility or residential subdivision before the hearing under par. (b).

SB481,14,3 (b) After receiving the plan, the court shall hold a hearing regarding the plan. The court shall notify all of the following of the hearing at least 5 days before the hearing:

SB481,14,5 1. The sheriff for the county in which the residence identified under sub. (5) (a) 5. is located.

SB481,14,7 2. The police chief for the municipality in which the residence identified under sub. (5) (a) 5. is located.

SB481,14,9 3. The chief elected official, as defined in s. 229.821 (3), of the municipality in which the residence identified under sub. (5) (a) 5. is located.

SB481,14,10 (c) After conducting the hearing, the court shall do one of the following:

SB481,14,11 1. Order the department and county department to modify the plan.

SB481,14,14 2. Deny the petition, but only if the state proves, by clear and convincing evidence, that the plan does not provide sufficient security to protect the community or that sub. (4) (b) 1., 3., or 6. applies.

SB481,14,16 3. Subject to s. 980.085, approve the supervised release plan and grant the petition.

SB481, s. 17 Section 17. 980.08 (6m) of the statutes is renumbered 980.08 (6m) (a) and amended to read:

SB481,15,2 980.08 (6m) (a) An order for supervised release places the person in the custody and control of the department. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and, except as provided in s. 980.085 (2), in accordance with the plan for supervised release approved by the court under sub. (5). (6) (c) 3. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency, or with a private agency to provide the treatment and services identified in the plan.

SB481,15,5 (b) 1. A person on supervised release is subject to the conditions set by the court and to, the rules of the department, and the conditions specified in subd. 2. and s. 980.085 (2).

SB481,15,11 (c) Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.

SB481,16,5 (d) If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 72 hours after the detention, excluding Saturdays, Sundays and legal holidays. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under s. 980.09 or until again placed on supervised release under this section.

SB481, s. 18 Section 18. 980.08 (6m) (b) 2. of the statutes is created to read:

SB481,16,8 980.08 (6m) (b) 2. A person on supervised release shall actively participate in treatment as a condition of supervised release.

SB481, s. 19 Section 19. 980.085 of the statutes is created to read:

SB481,16,16 980.085 Placements in transitional facilities. (1) If a court, on or after the effective date of this subsection .... [revisor inserts date], places a person on supervised release in a county in which the department has a vacancy in a transitional facility for the placement of such persons, including the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., the court may not approve a supervised release plan for the person unless the plan requires that the person reside in the facility.

SB481,16,23 (2) If, on or after the effective date of this subsection .... [revisor inserts date], a person is on supervised release in a county in which the department has a vacancy in a transitional facility for the placement of such persons, including the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., the department, after allowing the person a reasonable amount of time to move there, shall require the person to reside in the facility as a condition of supervised release, notwithstanding what the person's supervised release plan provides under s. 980.08 (5) (a) 5.

SB481, s. 20 Section 20. 980.09 (1) (c) of the statutes is amended to read:

SB481,17,6 980.09 (1) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the petitioner shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion criteria specified in s. 980.08 (4) (b), whether to modify the petitioner's existing commitment order by authorizing supervised release.

SB481, s. 21 Section 21. 980.09 (2) (c) of the statutes is amended to read:

SB481,17,13 980.09 (2) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the person shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion criteria specified in s. 980.08 (4) (b), whether to modify the person's existing commitment order by authorizing supervised release.

SB481, s. 22 Section 22. Nonstatutory provisions.

SB481,17,18 (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.

SB481,17,20 (b) The departments of corrections and health and family services shall provide necessary administrative support services to the committee.

SB481,17,24 (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.

SB481,17,25 (d) The members of the committee shall be:

SB481,18,2 1. The chairperson of the Milwaukee County board of supervisors or his or her designee.

SB481,18,3 2. The chief of police of the city of Milwaukee or his or her designee.

SB481,18,4 3. The county executive of Milwaukee County or his or her designee.

SB481,18,5 4. The district attorney of Milwaukee County or his or her designee.

SB481,18,6 5. The mayor of the city of Milwaukee or his or her designee.

SB481,18,7 6. The sheriff of Milwaukee County or his or her designee.

SB481,18,9 7. A representative of the Milwaukee County Law Enforcement Executives Association who is not from the city of Milwaukee.

SB481,18,11 8. A representative of the intergovernmental cooperation council who is not from the city of Milwaukee.

SB481,18,13 9. Three other individuals who are residents of Milwaukee County, 2 of whom do not reside in the city of Milwaukee, to be appointed by the governor.

SB481,18,15 10. Two members who reside in Milwaukee County, at least one of whom resides outside of the city of Milwaukee, to be appointed by the senate majority leader.

SB481,18,17 11. Two members who reside in Milwaukee County, at least one of whom resides outside of the city of Milwaukee, to be appointed by the speaker of the assembly.

SB481,18,19 (e) The committee shall elect the chair of the committee from the 3 individuals whom the governor appoints to the committee.

SB481,18,24 (f) No later than June 1, 2004, the department of health and family services shall provide the committee an estimate of the maximum number of persons likely to be placed in Milwaukee County on supervised release under section 980.06, 1997 stats., or section 980.08 of the statutes at any one time between that date and February 1, 2009.

SB481,19,2 (g) The committee shall hold public hearings in Milwaukee County regarding the selection of a location for the facility.

SB481,19,9 (h) Subject to paragraph (i) no later than December 31, 2004, the committee shall submit a report to the departments of corrections and health and family services recommending at least 3 specific locations for the facility. Each of the locations shall be suitable for the development of a facility that can house at least the number of persons set forth in the estimate submitted to the committee under paragraph (f). The committee shall consider all of the following factors when making its recommendations:

SB481,19,10 1. Community safety.

SB481,19,11 2. Proximity to sensitive locations.

SB481,19,12 3. Ability to make the facility secure.

SB481,19,13 4. Accessibility to treatment for the persons living in the facility.

SB481,19,14 5. Payments that may be made in lieu of property taxes.

SB481,19,16 6. Availability of tax incentives to a community to locate the facility within its jurisdiction.

SB481,19,18 7. Proximity to any residence or facility under section 980.08 (5) (b) 1. a. to c. of the statutes, as created by this act.

SB481,19,22 (i) When acting under paragraph (h), the committee may not recommend any location in a municipality that is located in a county with a population that exceeds 500,000 if the total number of persons incarcerated at any facility located in that municipality exceeds 1 percent of the municipality's population.

SB481, s. 23 Section 23. Initial applicability.

SB481,20,3 (1) Definition of sexually violent person. The treatment of section 980.01 (1m) and (7) of the statutes first applies to hearings, trials, and other proceedings that are commenced on the effective date of this subsection.

SB481,20,9 (2) Petitions for supervised release. The treatment of sections 980.09 (1) (c) and (2) (c) and 980.085 (1) of the statutes, the renumbering and amendment of section 980.08 (4) and (5) of the statutes, and the creation of section 980.08 (4) (b) 2. to 6., (d), and (e) and (5) (a) 5. and 6. and (b) of the statutes first apply to proceedings regarding petitions for supervised release that are commenced on the effective date of this subsection.

SB481,20,13 (3) Conditions of supervised release. The treatment of section 980.085 (2) of the statutes, the renumbering and amendment of section 980.08 (6m) of the statutes, and the creation of section 980.08 (6m) (b) 2. of the statutes first apply to persons on supervised release on the effective date of this subsection.

SB481,20,14 (End)