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-ASA1,22,2417
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-ASA1,23,2311
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-ASA1,24,10
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-ASA1,24,1613
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-ASA1,24,2019
980.01
(1b) "Act of sexual violence" means conduct that constitutes the
20commission of a sexually violent offense.
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-ASA1,25,54
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-ASA1,25,97
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-ASA1,25,1211
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-ASA1,25,1514
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-ASA1,25,2017
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-ASA1,25,2422
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-ASA1,26,2
1980.01
(6) (c) Any solicitation, conspiracy
, or attempt to commit a crime under
2par. (a)
or, (am), (b)
, or (bm).
AB1091-ASA1,26,94
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-ASA1,26,1211
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-ASA1,27,22
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-ASA1,27,128
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-ASA1,27,2014
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-ASA1,28,222
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-ASA1,28,84
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-ASA1,28,1110
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-ASA1,28,2118
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-ASA1,29,223
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-ASA1,29,54
980.02
(1m) A petition filed under this section shall be filed before the person
5is released or discharged.
AB1091-ASA1,29,98
980.02
(4) (intro.) A petition under this section shall be filed in
any one of the
9following:
AB1091-ASA1,29,1311
980.02
(6) A court assigned to exercise jurisdiction under chs. 48 and 938 does
12not have jurisdiction over a petition filed under this section alleging that a child is
13a sexually violent person.
AB1091-ASA1,29,1715
980.03
(2) (intro.) Except as provided in ss.
980.09 (2) (a) 980.038 (2) and
16980.10 980.09 and without limitation by enumeration, at any hearing under this
17chapter, the person who is the subject of the petition has the right to:
AB1091-ASA1,30,219
980.03
(3) The person who is the subject of the petition, the person's attorney,
20or the
department of justice or the district attorney petitioner may request that a
21trial under s. 980.05 be to a jury
of 12. A request for a jury trial shall be made as
22provided under s. 980.05
(2). Notwithstanding s. 980.05 (2), if the person, the
23person's attorney,
or the
department of justice or the district attorney petitioner does
24not request a jury trial, the court may on its own motion require that the trial be to
1a jury
of 12. The jury shall be selected as provided under s. 980.05 (2m). A verdict
2of a jury under this chapter is not valid unless it is unanimous.
AB1091-ASA1, s. 88
3Section
88
. 980.03 (4) of the statutes is renumbered 980.031 (3) and amended
4to read:
AB1091-ASA1,30,175
980.031
(3) Whenever a person who is the subject of a petition filed under s.
6980.02 or who has been committed under s. 980.06 is required to submit to an
7examination
of his or her mental condition under this chapter, he or she may retain
8experts or a licensed physician, licensed psychologist, or other mental health 9professional
persons to perform an examination.
If the person is indigent, the court
10shall, upon the person's request, appoint a qualified and available licensed
11physician, licensed psychologist, or other mental health professional to perform an
12examination of the person's mental condition and participate on the person's behalf
13in a trial or other proceeding under this chapter at which testimony is authorized.
14Upon the order of the circuit court, the county shall pay, as part of the costs of the
15action, the costs of a licensed physician, licensed psychologist, or other mental health
16professional appointed by a court under this subsection to perform an examination
17and participate in the trial or other proceeding on behalf of an indigent person.
AB1091-ASA1,31,8
18(4) If
the person a party retains
a qualified expert or
the court appoints a
19licensed physician, licensed psychologist, or other mental health professional
person
20of his or her own choice to conduct an examination
under this chapter of the person's
21mental condition, the examiner shall have reasonable access to the person for the
22purpose of the examination, as well as to the person's past and present treatment
23records, as defined in s. 51.30 (1) (b), and patient health care records as provided
24under s. 146.82 (2)
(c). If the person is indigent, the court shall, upon the person's
25request, appoint a qualified and available expert or professional person to perform
1an examination and participate in the trial or other proceeding on the person's
2behalf. Upon the order of the circuit court, the county shall pay, as part of the costs
3of the action, the costs of an expert or professional person appointed by a court under
4this subsection to perform an examination and participate in the trial or other
5proceeding on behalf of an indigent person. An expert (cm), past and present juvenile
6records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2)
7(e), and the person's past and present correctional records, including presentence
8investigation reports under s. 972.15 (6).
AB1091-ASA1,31,17
9(5) A licensed physician, licensed psychologist, or
other mental health 10professional
person appointed to assist an indigent person who is subject to a petition 11who is expected to be called as a witness by one of the parties or by the court may not
12be subject to any order by the court for the sequestration of witnesses at any
13proceeding under this chapter.
No licensed physician, licensed psychologist, or other
14mental health professional who is expected to be called as a witness by one of the
15parties or by the court may testify at any proceeding under this chapter unless a
16written report of his or her examination has been submitted to the court and to both
17parties at least 10 days before the proceeding.
AB1091-ASA1,31,20
20980.031 (title)
Examinations.
AB1091-ASA1, s. 91
21Section
91
. 980.031 (1) and (2) of the statutes are created to read:
AB1091-ASA1,31,2522
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.
AB1091-ASA1,32,5
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.
AB1091-ASA1,32,13
7980.034 Change of place of trial or jury from another county. (1) A
8person who is the subject of a petition filed under s. 980.02 or who has been
9committed under this chapter may move to change the place of a jury trial under s.
10980.05 on the ground that an impartial trial cannot be had in the county in which the
11trial is set to be held. The motion shall be made within 20 days after the completion
12or waiver of the probable cause hearing under s. 980.04 (2), whichever is applicable,
13except that it may be made after that time for cause.
AB1091-ASA1,32,16
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 petitioner may file
16counter affidavits.
AB1091-ASA1,32,22
17(3) If the court determines that there exists in the county where the action is
18pending such prejudice that a fair trial cannot be had, it shall, except as provided in
19sub. (4), order that the trial be held in any county where an impartial trial can be had.
20Only one change may be granted under this subsection. The judge who orders the
21change in the place of trial shall preside at the trial. Preliminary matters before trial
22may be conducted in either county at the discretion of the court.
AB1091-ASA1,32,24
23(4) (a) Instead of changing the place of trial under sub. (3), the court may
24require the selection of a jury under par. (b) if all of the following apply:
AB1091-ASA1,32,2525
1. The court will sequester the jurors during the trial.