AB1091-ASA1,19,314 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
15Notwithstanding par. (a), an agency shall, upon request, disclose information about
16an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent
17offense, as defined in s. 980.01 (6),
to authorized representatives of the department
18of corrections, the department of health and family services,
the department of
19justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
20represents a person subject to a petition
for use in the prosecution of any proceeding
21or any evaluation conducted
under ch. 980, if the information involves or relates to
22an individual who is the subject of the proceeding or evaluation
. The court in which
23the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any
24protective orders that it determines are appropriate concerning information
25disclosed under this paragraph. Any representative of the department of

1corrections, the department of health and family services, the department of justice,
2or a district attorney may disclose information obtained under this paragraph for any
3purpose consistent with any proceeding under ch. 980.
AB1091-ASA1, s. 44 4Section 44. 940.20 (1g) of the statutes is created to read:
AB1091-ASA1,19,85 940.20 (1g) Battery by certain committed persons. Any person placed in a
6facility under s. 980.065 and who intentionally causes bodily harm to an officer,
7employee, agent, visitor, or other resident of the facility, without his or her consent,
8is guilty of a Class H felony.
AB1091-ASA1, s. 45 9Section 45 . 946.42 (1) (a) of the statutes is amended to read:
AB1091-ASA1,20,310 946.42 (1) (a) "Custody" includes without limitation actual custody of an
11institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
12secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
13as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16),
14a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the
15detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065,

16or a juvenile portion of a county jail, or actual custody of a peace officer or institution
17guard. "Custody" also includes the constructive custody of persons placed on
18supervised release under ch. 980
and constructive custody of prisoners and juveniles
19subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4)
20or (5) (e) temporarily outside the institution whether for the purpose of work, school,
21medical care, a leave granted under s. 303.068, a temporary leave or furlough
22granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation,
23that of the sheriff of the county to which the prisoner was transferred after
24conviction. It does not include the custody of a probationer, parolee or person on
25extended supervision by the department of corrections or a probation, extended

1supervision or parole officer or the custody of a person who has been released to
2aftercare supervision under ch. 938 unless the person is in actual custody or is
3subject to a confinement order under s. 973.09 (4).
AB1091-ASA1, s. 46 4Section 46 . 946.42 (3m) of the statutes is created to read:
AB1091-ASA1,20,65 946.42 (3m) A person who intentionally escapes from custody under any of the
6following circumstances is guilty of a Class F felony:
AB1091-ASA1,20,87 (a) While subject to a detention order under s. 980.04 (1) or a custody order
8under s. 980.04 (3).
AB1091-ASA1,20,119 (b) While subject to an order issued under s. 980.06 committing the person to
10custody of the department of health and family services, regardless of whether the
11person is placed in institutional care or on supervised release.
AB1091-ASA1, s. 47 12Section 47. 950.04 (1v) (xm) of the statutes is amended to read:
AB1091-ASA1,20,1513 950.04 (1v) (xm) To have the department of health and family services make
14a reasonable attempt to notify the victim under s. 980.11 regarding supervised
15release under s. 980.08 and discharge under s. 980.09 or 980.10 (4).
AB1091-ASA1, s. 48 16Section 48. 967.03 of the statutes is amended to read:
AB1091-ASA1,20,19 17967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties
18are imposed upon district attorneys, the same powers and duties may be discharged
19by any of their duly qualified deputies or assistants.
AB1091-ASA1, s. 49 20Section 49. 972.15 (4) of the statutes is amended to read:
AB1091-ASA1,20,2421 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
22or ordered by the court, the presentence investigation report shall be confidential
23and shall not be made available to any person except upon specific authorization of
24the court.
AB1091-ASA1, s. 50 25Section 50 . 972.15 (6) of the statutes is created to read:
AB1091-ASA1,21,4
1972.15 (6) The presentence investigation report and any information contained
2in it or upon which it is based may be used by any of the following persons in any
3evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
4appeal, or other proceeding under ch. 980:
AB1091-ASA1,21,55 (a) The department of corrections.
AB1091-ASA1,21,66 (b) The department of health and family services.
AB1091-ASA1,21,87 (c) The person who is the subject of the presentence investigation report, his
8or her attorney, or an agent or employee of the attorney.
AB1091-ASA1,21,99 (d) The attorney representing the state or an agent or employee of the attorney.
AB1091-ASA1,21,1110 (e) A licensed physician, licensed psychologist, or other mental health
11professional who is examining the subject of the presentence investigation report.
AB1091-ASA1,21,1212 (f) The court and, if applicable, the jury hearing the case.
AB1091-ASA1, s. 51 13Section 51. 978.03 (3) of the statutes, as affected by 2005 Wisconsin Act 25,
14is amended to read:
AB1091-ASA1,21,2015 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
16an attorney admitted to practice law in this state and, except as provided in s.
17978.043 (1), may perform any duty required by law to be performed by the district
18attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2)
19may appoint such temporary counsel as may be authorized by the department of
20administration.
AB1091-ASA1, s. 52 21Section 52. 978.04 of the statutes is amended to read:
AB1091-ASA1,22,3 22978.04 Assistants in certain prosecutorial units. The district attorney of
23any prosecutorial unit having a population of less than 100,000 may appoint one or
24more assistant district attorneys as necessary to carry out the duties of his or her
25office and as may be requested by the department of administration authorized in

1accordance with s. 16.505. Any such assistant district attorney must be an attorney
2admitted to practice law in this state and, except as provided in s. 978.043 (1), may
3perform any duty required by law to be performed by the district attorney.
AB1091-ASA1, s. 53 4Section 53. 978.043 of the statutes is renumbered 978.043 (1) and amended
5to read.
AB1091-ASA1,22,156 978.043 (1) The district attorney of the prosecutorial unit that consists of
7Brown County and the district attorney of the prosecutorial unit that consists of
8Milwaukee County shall each assign one assistant district attorney in his or her
9prosecutorial unit to be a sexually violent person commitment prosecutor. An
10assistant district attorney assigned under this section subsection to be a sexually
11violent person commitment prosecutor may engage only in the prosecution of
12sexually violent person commitment proceedings under ch. 980 and, at the request
13of the district attorney of the prosecutorial unit, may file and prosecute sexually
14violent person commitment proceedings under ch. 980 in any prosecutorial unit in
15this state.
AB1091-ASA1, s. 54 16Section 54 . 978.043 (2) of the statutes is created to read:
AB1091-ASA1,22,2417 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes
18or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than
19his or her own, the prosecutorial unit in which the case is heard shall reimburse the
20assistant district attorney's own prosecutorial unit for his or her reasonable costs
21associated with the prosecution, including transportation, lodging, and meals.
22Unless otherwise agreed upon by the prosecutorial units involved, the court hearing
23the case shall determine the amount of money to be reimbursed for expert witness
24fees under this subsection.
AB1091-ASA1, s. 55 25Section 55. 978.045 (1r) (intro.) of the statutes is amended to read:
AB1091-ASA1,23,9
1978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
2record stating the cause therefor for it, may appoint an attorney as a special
3prosecutor to perform, for the time being, or for the trial of the accused person, the
4duties of the district attorney. An attorney appointed under this subsection shall
5have all of the powers of the district attorney. The judge may appoint an attorney
6as a special prosecutor at the request of a district attorney to assist the district
7attorney in the prosecution of persons charged with a crime, in grand jury or John
8Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may
9appoint an attorney as a special prosecutor if any of the following conditions exists:
AB1091-ASA1, s. 56 10Section 56. 978.05 (6) (a) of the statutes is amended to read:
AB1091-ASA1,23,2311 978.05 (6) (a) Institute, commence or appear in all civil actions or special
12proceedings under and perform the duties set forth for the district attorney under ch.
13980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
14(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
15946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
16connection with court proceedings in a court assigned to exercise jurisdiction under
17chs. 48 and 938 as the judge may request and perform all appropriate duties and
18appear if the district attorney is designated in specific statutes, including matters
19within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
20the authority of the county board to designate, under s. 48.09 (5), that the corporation
21counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
2248.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
23interests of the public under s. 48.14 or 938.14.
AB1091-ASA1, s. 57 24Section 57. 978.05 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25,
25is amended to read:
AB1091-ASA1,24,10
1978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s.
2978.043 (1), make appropriate assignments of the staff throughout the prosecutorial
3unit. The district attorney may request the assistance of district attorneys, deputy
4district attorneys, or assistant district attorneys from other prosecutorial units or
5assistant attorneys general who then may appear and assist in the investigation and
6prosecution of any matter for which a district attorney is responsible under this
7chapter in like manner as assistants in the prosecutorial unit and with the same
8authority as the district attorney in the unit in which the action is brought. Nothing
9in this paragraph limits the authority of counties to regulate the hiring, employment,
10and supervision of county employees.
AB1091-ASA1, s. 58 11Section 58. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
AB1091-ASA1, s. 59 12Section 59. 978.13 (2) (a) of the statutes is created to read:
AB1091-ASA1,24,1613 978.13 (2) (a) In this subsection, "costs related to the operation of the district
14attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
15(2) but do not include costs for which a prosecutorial unit receives reimbursement
16under s. 978.043 (2).
AB1091-ASA1, s. 60 17Section 60. 980.01 (1) of the statutes is renumbered 980.01 (1h).
AB1091-ASA1, s. 61 18Section 61 . 980.01 (1b) of the statutes is created to read:
AB1091-ASA1,24,2019 980.01 (1b) "Act of sexual violence" means conduct that constitutes the
20commission of a sexually violent offense.
AB1091-ASA1, s. 62 21Section 62 . 980.01 (1j) of the statutes is created to read:
AB1091-ASA1,25,222 980.01 (1j) "Incarceration" includes confinement in a secured correctional
23facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
24in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person

1was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats.,
2or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
AB1091-ASA1, s. 63 3Section 63. 980.01 (3) of the statutes is created to read:
AB1091-ASA1,25,54 980.01 (3) Except in ss. 980.075, 980.09, and 980.095, "petitioner" means the
5agency or person that filed a petition under s. 980.02.
AB1091-ASA1, s. 64 6Section 64. 980.01 (5) of the statutes is amended to read:
AB1091-ASA1,25,97 980.01 (5) "Sexually motivated" means that one of the purposes for an act is
8for the actor's sexual arousal or gratification or for the sexual humiliation or
9degradation of the victim
.
AB1091-ASA1, s. 65 10Section 65 . 980.01 (6) (a) of the statutes is amended to read:
AB1091-ASA1,25,1211 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
12(2), 948.025, 948.06, or 948.07.
AB1091-ASA1, s. 66 13Section 66. 980.01 (6) (am) of the statutes is created to read:
AB1091-ASA1,25,1514 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
15law of this state and that is comparable to any crime specified in par. (a).
AB1091-ASA1, s. 67 16Section 67. 980.01 (6) (b) of the statutes is amended to read:
AB1091-ASA1,25,2017 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
18940.19 (2), (4) or, (5), or (6), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32,
19943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b),
20to have been sexually motivated.
AB1091-ASA1, s. 68 21Section 68 . 980.01 (6) (bm) of the statutes is created to read:
AB1091-ASA1,25,2422 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
23law of this state, that is comparable to any crime specified in par. (b) and that is
24determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
AB1091-ASA1, s. 69 25Section 69. 980.01 (6) (c) of the statutes is amended to read:
AB1091-ASA1,26,2
1980.01 (6) (c) Any solicitation, conspiracy , or attempt to commit a crime under
2par. (a) or, (am), (b), or (bm).
AB1091-ASA1, s. 70 3Section 70 . 980.01 (7) of the statutes is amended to read:
AB1091-ASA1,26,94 980.01 (7) "Sexually violent person" means a person who has been convicted
5of a sexually violent offense, has been adjudicated delinquent for a sexually violent
6offense, or has been found not guilty of or not responsible for a sexually violent
7offense by reason of insanity or mental disease, defect, or illness, and who is
8dangerous because he or she suffers from a mental disorder that makes it likely that
9the person will engage in one or more acts of sexual violence.
AB1091-ASA1, s. 71 10Section 71. 980.01 (8) of the statutes is created to read:
AB1091-ASA1,26,1211 980.01 (8) "Significant progress in treatment" means that the person has done
12all of the following:
AB1091-ASA1,26,1413 (a) Meaningfully participated in the treatment program specifically designed
14to reduce his or her risk to reoffend offered at a facility described under s. 980.065.
AB1091-ASA1,26,1815 (b) Participated in the treatment program at a level that was sufficient to allow
16the identification of his or her specific treatment needs and then demonstrated,
17through overt behavior, a willingness to work on addressing the specific treatment
18needs.
AB1091-ASA1,26,2119 (c) Demonstrated an understanding of the thoughts, attitudes, emotions,
20behaviors, and sexual arousal linked to his or her sexual offending and an ability to
21identify when the thoughts, emotions, behaviors, or sexual arousal occur.
AB1091-ASA1,26,2522 (d) Demonstrated sufficiently sustained change in the thoughts, attitudes,
23emotions, and behaviors and sufficient management of sexual arousal such that one
24could reasonably assume that, with continued treatment, the change could be
25maintained.
AB1091-ASA1, s. 72
1Section 72. 980.01 (9) of the statutes is created to read:
AB1091-ASA1,27,22 980.01 (9) "Substantially probable" means much more likely than not.
AB1091-ASA1, s. 73 3Section 73. 980.015 (1) of the statutes is renumbered 980.01 (1d) and amended
4to read:
AB1091-ASA1,27,65 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the
6agency with the authority or duty to release or discharge the person.
AB1091-ASA1, s. 74 7Section 74 . 980.015 (2) (intro.) of the statutes is amended to read:
AB1091-ASA1,27,128 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over
9a person who may meet the criteria for commitment as a sexually violent person, the
10agency with jurisdiction shall inform each appropriate district attorney and the
11department of justice regarding the person as soon as possible beginning 3 months
1290 days prior to the applicable date of the following:
AB1091-ASA1, s. 75 13Section 75 . 980.015 (2) (a) of the statutes is amended to read:
AB1091-ASA1,27,2014 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or
15release, on parole or, extended supervision, or anticipated release otherwise, from a
16sentence of
imprisonment of a person who has been convicted of or term of
17confinement in prison that was imposed for a conviction for
a sexually violent offense,
18from a continuous term of incarceration, any part of which was imposed for a sexually
19violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any
20part of which was required as a result of a conviction for a sexually violent offense
.
AB1091-ASA1, s. 76 21Section 76. 980.015 (2) (b) of the statutes is amended to read:
AB1091-ASA1,28,222 980.015 (2) (b) The anticipated release from a secured correctional facility, as
23defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
24(15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was

1placed in the facility as a result of being
adjudicated delinquent under s. 48.34, 1993
2stats., or under
s. 938.183 or 938.34 on the basis of a sexually violent offense.
AB1091-ASA1, s. 77 3Section 77. 980.015 (2) (c) of the statutes is amended to read:
AB1091-ASA1,28,84 980.015 (2) (c) The anticipated release of a person on conditional release under
5s. 971.17, the anticipated
termination of a commitment order under 971.17, or the
6anticipated
discharge of a person from a commitment order under s. 971.17, if the
7person who has been found not guilty of a sexually violent offense by reason of mental
8disease or defect under s. 971.17.
AB1091-ASA1, s. 78 9Section 78 . 980.015 (2) (d) of the statutes is created to read:
AB1091-ASA1,28,1110 980.015 (2) (d) The anticipated release on parole or discharge of a person
11committed under ch. 975 for a sexually violent offense.
AB1091-ASA1, s. 79 12Section 79 . 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
13to read:
AB1091-ASA1,28,1614 980.14 (2) Any agency or officer, employee, or agent of an agency is immune
15from criminal or civil liability for any acts or omissions as the result of a good faith
16effort to comply with any provision of this section chapter.
AB1091-ASA1, s. 80 17Section 80 . 980.02 (1) (a) of the statutes is amended to read:
AB1091-ASA1,28,2118 980.02 (1) (a) The department of justice at the request of the agency with
19jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice
20decides to file a petition under this paragraph, it shall file the petition before the date
21of the release or discharge of the person.
AB1091-ASA1, s. 81 22Section 81 . 980.02 (1) (b) 3. of the statutes is created to read:
AB1091-ASA1,29,223 980.02 (1) (b) 3. The county in which the person is in custody under a sentence,
24a placement to a secured correctional facility, as defined in s. 938.02 (15m), a secured

1child caring institution, as defined in s. 938.02 (15g), or a secured group home, as
2defined in s. 938.02 (15p), or a commitment order.
AB1091-ASA1, s. 82 3Section 82 . 980.02 (1m) of the statutes is created to read:
AB1091-ASA1,29,54 980.02 (1m) A petition filed under this section shall be filed before the person
5is released or discharged.
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