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.
AB1091-ASA1,33,1
12. There are grounds for changing the place of trial under sub. (1).
AB1091-ASA1,33,32
3. The estimated cost to the county of using the procedure under this subsection
3is less than the estimated cost to the county of holding the trial in another county.
AB1091-ASA1,33,74
(b) A court that proceeds under this subsection shall follow the procedure under
5sub. (3) until the jury is chosen in the 2nd county. At that time, the proceedings shall
6return to the original county using the jurors selected in the 2nd county. The original
7county shall reimburse the 2nd county for all applicable costs under s. 814.22.
AB1091-ASA1,33,9
9980.036 Discovery and inspection. (1) Definitions. In this section:
AB1091-ASA1,33,1110
(a) "Person subject to this chapter" means a person who is subject to a petition
11filed under s. 980.02 or a person who has been committed under s. 980.06.
AB1091-ASA1,33,1312
(b) "Prosecuting attorney" means an attorney representing the state in a
13proceeding under this chapter.
AB1091-ASA1,33,19
14(2) What a prosecuting attorney must disclose to a person subject to this
15chapter. Upon demand, a prosecuting attorney shall disclose to a person subject to
16this chapter or his or her attorney, and permit the person subject to this chapter or
17his or her attorney to inspect and copy or photograph, all of the following materials
18and information, if the material or information is within the possession, custody, or
19control of the state:
AB1091-ASA1,33,2320
(a) Any written or recorded statement made by the person subject to this
21chapter concerning the allegations in the petition filed under s. 980.02 or concerning
22other matters at issue in the trial or proceeding and the names of witnesses to the
23written statements of the person subject to this chapter.
AB1091-ASA1,34,3
1(b) A written summary of all oral statements of the person subject to this
2chapter that the prosecuting attorney plans to use at the trial or proceeding and the
3names of witnesses to the oral statements of the person subject to this chapter.
AB1091-ASA1,34,54
(c) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
5prosecuting attorney intends to use the evidence at the trial or proceeding.
AB1091-ASA1,34,66
(d) A copy of the criminal record of the person subject to this chapter.
AB1091-ASA1,34,97
(e) A list of all witnesses whom the prosecuting attorney intends to call at the
8trial or proceeding, together with their addresses. This paragraph does not apply to
9rebuttal witnesses or witnesses called for impeachment only.
AB1091-ASA1,34,1110
(f) Any relevant written or recorded statements of a witness listed under par.
11(e), including all of the following:
AB1091-ASA1,34,1212
1. Any videotaped oral statement of a child under s. 908.08.
AB1091-ASA1,34,1313
2. Any reports prepared in accordance with s. 980.031 (5).
AB1091-ASA1,34,1514
(g) The criminal record of a witness listed under par. (e) that is known to the
15prosecuting attorney.
AB1091-ASA1,34,2016
(h) The results of any physical or mental examination or any scientific or
17psychological test, instrument, experiment, or comparison that the prosecuting
18attorney intends to offer in evidence at the trial or proceeding, and any raw data that
19were collected, used, or considered in any manner as part of the examination, test,
20instrument, experiment, or comparison.
AB1091-ASA1,34,2221
(i) Any physical or documentary evidence that the prosecuting attorney intends
22to offer in evidence at the trial or proceeding.
AB1091-ASA1,34,2323
(j) Any exculpatory evidence.
AB1091-ASA1,35,4
24(3) What a person subject to this chapter must disclose to the prosecuting
25attorney. Upon demand, a person who is subject to this chapter or his or her attorney
1shall disclose to the prosecuting attorney, and permit the prosecuting attorney to
2inspect and copy or photograph, all of the following materials and information, if the
3material or information is within the possession, custody, or control of the person who
4is subject to this chapter or his or her attorney:
AB1091-ASA1,35,85
(a) A list of all witnesses, other than the person who is subject to this chapter,
6whom the person who is subject to this chapter intends to call at the trial or
7proceeding, together with their addresses. This paragraph does not apply to rebuttal
8witnesses or witnesses called for impeachment only.
AB1091-ASA1,35,109
(b) Any relevant written or recorded statements of a witness listed under par.
10(a), including any reports prepared in accordance with s. 980.031 (5).
AB1091-ASA1,35,1211
(c) The criminal record of a witness listed under par. (a) if the criminal record
12is known to the attorney for the person who is subject to this chapter.
AB1091-ASA1,35,1713
(d) The results of any physical or mental examination or any scientific or
14psychological test, instrument, experiment, or comparison that the person who is
15subject to this chapter intends to offer in evidence at the trial or proceeding, and any
16raw data that were collected, used, or considered in any manner as part of the
17examination, test, instrument, experiment, or comparison.
AB1091-ASA1,35,1918
(e) Any physical or documentary evidence that the person who is subject to this
19chapter intends to offer in evidence at the trial or proceeding.
AB1091-ASA1,35,25
20(3m) When disclosure must be made. A party required to make a disclosure
21under this section shall do so within a reasonable time after the probable cause
22hearing and within a reasonable time before a trial under s. 980.05, if the other
23party's demand is made in connection with a trial. If the demand is made in
24connection with a proceeding under s. 980.08 or 980.09 (3), the party shall make the
25disclosure within a reasonable time before the start of that proceeding.
AB1091-ASA1,36,4
1(4) Comment or instruction on failure to call witness. No comment or
2instruction regarding the failure to call a witness at the trial may be made or given
3if the sole basis for the comment or instruction is the fact that the name of the witness
4appears upon a list furnished under this section.
AB1091-ASA1,36,8
5(5) Testing or analysis of evidence. On motion of a party, the court may order
6the production of any item of evidence or raw data that is intended to be introduced
7at the trial for testing or analysis under such terms and conditions as the court
8prescribes.
AB1091-ASA1,36,17
9(6) Protective order. Upon motion of a party, the court may at any time order
10that discovery, inspection, or the listing of witnesses required under this section be
11denied, restricted, or deferred, or make other appropriate orders. If the prosecuting
12attorney or the attorney for a person subject to this chapter certifies that listing a
13witness under sub. (2) (e) or (3) (a) may subject the witness or others to physical or
14economic harm or coercion, the court may order that the deposition of the witness be
15taken under s. 967.04 (2) to (6). The name of the witness need not be divulged prior
16to the taking of such deposition. If the witness becomes unavailable or changes his
17or her testimony, the deposition shall be admissible at trial as substantive evidence.
AB1091-ASA1,36,21
18(7) In camera proceedings. Either party may move for an in camera inspection
19of any document required to be disclosed under sub. (2) or (3) for the purpose of
20masking or deleting any material that is not relevant to the case being tried. The
21court shall mask or delete any irrelevant material.
AB1091-ASA1,37,2
22(8) Continuing duty to disclose. If, after complying with a requirement of this
23section, and before or during trial, a party discovers additional material or the names
24of additional witnesses requested that are subject to discovery, inspection, or
1production under this section, the party shall promptly notify the other party of the
2existence of the additional material or names.
AB1091-ASA1,37,6
3(9) Sanctions for failure to comply. (a) The court shall exclude any witness
4not listed or evidence not presented for inspection, copying, or photographing
5required by this section, unless good cause is shown for failure to comply. The court
6may in appropriate cases grant the opposing party a recess or a continuance.
AB1091-ASA1,37,107
(b) In addition to or in place of any sanction specified in par. (a), a court may,
8subject to sub. (4), advise the jury of any failure or refusal to disclose material or
9information required to be disclosed under sub. (2) or (3), or of any untimely
10disclosure of material or information required to be disclosed under sub. (2) or (3).
AB1091-ASA1,37,17
11(10) Payment of photocopy costs in cases involving indigent respondents. 12When the state public defender or a private attorney appointed under s. 977.08
13requests photocopies of any item that is discoverable under this section, the state
14public defender shall pay any fee charged for the photocopies from the appropriation
15under s. 20.550 (1) (a). If the person providing photocopies under this section charges
16the state public defender a fee for the photocopies, the fee may not exceed the actual,
17necessary, and direct cost of photocopying.
AB1091-ASA1,37,20
18(11) Exclusive method of discovery. Chapter 804 does not apply to
19proceedings under this chapter. This section provides the only methods of obtaining
20discovery and inspection in proceedings under this chapter.
AB1091-ASA1,38,3
22980.038 Miscellaneous procedural provisions. (1) Motions challenging
23jurisdiction or competency of court or timeliness of petition. (a) A motion
24challenging the jurisdiction or competency of the court or the timeliness of a petition
25filed under s. 980.02 shall be filed within 30 days after the court holds the probable
1cause hearing under s. 980.04 (2). Failure to file a motion within the time specified
2in this paragraph waives the right to challenge the jurisdiction or competency of the
3court or the timeliness of a petition filed under s. 980.02.
AB1091-ASA1,38,84
(b) Notwithstanding s. 801.11, a court may exercise personal jurisdiction over
5a person who is the subject of a petition filed under s. 980.02 even though the person
6is not served as provided under s. 801.11 (1) or (2) with a verified petition and
7summons or with an order for detention under s. 980.04 (1) and the person has not
8had a probable cause hearing under s. 980.04 (2).
AB1091-ASA1,38,15
9(2) Evidence of refusal to participate in examination. (a) At any hearing
10under this chapter, the state may present evidence or comment on evidence that a
11person who is the subject of a petition filed under s. 980.02 or a person who has been
12committed under this chapter refused to participate in an examination of his or her
13mental condition that was being conducted under this chapter or that was conducted
14for the purpose of evaluating whether to file a petition before the petition under s.
15980.02 was filed.
AB1091-ASA1,38,1916
(b) A licensed physician, licensed psychologist, or other mental health
17professional may indicate in any written report that he or she prepares in connection
18with a proceeding under this chapter that the person whom he or she examined
19refused to participate in the examination.