2005 - 2006 LEGISLATURE
April 27, 2005 - Introduced by Representatives Honadel, Cullen, McCormick,
Sinicki, Staskunas, Stone, Vukmir, Zepnick
and Pridemore, cosponsored by
Senators Plale, Carpenter, A. Lasee and Reynolds. Referred to Committee
on Corrections and the Courts.
AB394,1,3 1An Act to repeal 980.105; to renumber and amend 980.08 (5); and to amend
220.435 (2) (bj), 46.10 (2) and 301.03 (19) of the statutes; relating to: county of
3placement for persons on supervised release.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been committed to the custody of the
department of health and family services (DHFS) as a sexually violent person may
be placed on supervised release if the person no longer requires institutional care.
If a court determines that supervised release is appropriate, DHFS must make its
best effort to arrange that the person be placed in a residential facility or dwelling
in the person's county of residence (generally the county where the person lived prior
to committing the sexually violent offense), as determined by DHFS. If the person's
county of residence declines to prepare a plan for supervised release, DHFS may
arrange for another county to prepare a plan, and if no county agrees to prepare a
plan, the court must order a county to prepare a plan. DHFS and the county in which
the person will be released must prepare a plan for treating and monitoring the
person while on supervised release.
This bill eliminates the requirement that DHFS make its best effort to place the
person in his or her county of residence. Instead DHFS must designate the county
of placement based on the type of treatment and services the person may need and
the ability of the county, a public agency, or a private agency to provide the treatment
and services and based on the proximity of other persons on supervised release and
of persons in the custody of the Department of Corrections regarding whom a sex
offender notification bulletin has been issued to law enforcement agencies.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB394, s. 1 1Section 1. 20.435 (2) (bj) of the statutes is amended to read:
AB394,2,82 20.435 (2) (bj) Competency examinations and conditional and supervised
3release services.
Biennially, the amounts in the schedule for outpatient competency
4examinations and for payment by the department of costs for treatment and services
5for persons released under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4) (e)
6or 980.08 (5) (b), for which the department has contracted with county departments
7under s. 51.42 (3) (aw) 1. d., with other public agencies, or with private agencies to
8provide the treatment and services.
AB394, s. 2 9Section 2. 46.10 (2) of the statutes is amended to read:
AB394,3,1610 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
11including but not limited to a person admitted, committed or placed under s. 975.01,
121977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13,
1351.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14
14(2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and
15supplies provided by any institution in this state including University of Wisconsin
16Hospitals and Clinics, in which the state is chargeable with all or part of the person's
17care, maintenance, services and supplies, any person receiving care and services
18from a county department established under s. 51.42 or 51.437 or from a facility
19established under s. 49.73, and any person receiving treatment and services from a
20public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4)
21(e) or 980.08 (5) (b) and the person's property and estate, including the homestead,

1and the spouse of the person, and the spouse's property and estate, including the
2homestead, and, in the case of a minor child, the parents of the person, and their
3property and estates, including their homestead, and, in the case of a foreign child
4described in s. 48.839 (1) who became dependent on public funds for his or her
5primary support before an order granting his or her adoption, the resident of this
6state appointed guardian of the child by a foreign court who brought the child into
7this state for the purpose of adoption, and his or her property and estate, including
8his or her homestead, shall be liable for the cost of the care, maintenance, services
9and supplies in accordance with the fee schedule established by the department
10under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an
11incapacitated person may be lawfully dependent upon the property for their support,
12the court shall release all or such part of the property and estate from the charges
13that may be necessary to provide for those persons. The department shall make
14every reasonable effort to notify the liable persons as soon as possible after the
15beginning of the maintenance, but the notice or the receipt thereof is not a condition
16of liability.
AB394, s. 3 17Section 3. 301.03 (19) of the statutes is amended to read:
AB394,3,2118 301.03 (19) Work to minimize, to the greatest extent possible, the residential
19population density of sex offenders, as defined in s. 302.116 (1) (b), who are on
20probation, parole, or extended supervision or placed on supervised release under s.
21980.06 (2) (c), 1997 stats., or s. 980.08 (5).
AB394, s. 4 22Section 4. 980.08 (5) of the statutes is renumbered 980.08 (5) (a) and amended
23to read:
AB394,4,1124 980.08 (5) (a) If the court finds that the person is appropriate for supervised
25release, the court shall notify the department. The department shall make its best

1effort to
arrange for placement of the person in a residential facility or dwelling that
2is in the person's a county of residence, as determined designated by the department
3under s. 980.105. The department shall designate the county of placement based on
4the type of treatment and services identified in sub. (3) that the person may need
5while on supervised release and the county's ability to provide the treatment and
6services or the department's ability to contract with a public agency or with a private
7agency for the provision of the treatment and services in the county and based on the
8proximity of any potential placement to the residence of other persons on supervised
9release and to the residence of persons who are in the custody of the department of
10corrections and regarding whom a sex offender notification bulletin has been issued
11to law enforcement agencies under s. 301.46 (2m) (a) or (am)
.
AB394,5,6 12(b) The department and the county department under s. 51.42 in the county of
13residence of the person
designated by the department under par. (a) shall prepare
14a plan that identifies the treatment and services, if any, that the person will receive
15in the community. The plan shall address the person's need, if any, for supervision,
16counseling, medication, community support services, residential services, vocational
17services, and alcohol or other drug abuse treatment. In developing a plan for where
18the person may reside while on supervised release, the department shall consider the
19proximity of any potential placement to the residence of other persons on supervised
20release and to the residence of persons who are in the custody of the department of
21corrections and regarding whom a sex offender notification bulletin has been issued
22to law enforcement agencies under s. 301.46 (2m) (a) or (am).
If the person is a serious
23child sex offender, the plan shall address the person's need for pharmacological
24treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The
25department may contract with a county department, under s. 51.42 (3) (aw) 1. d.,

1with another public agency or with a private agency to provide the treatment and
2services identified in the plan. The plan shall specify who will be responsible for
3providing the treatment and services identified in the plan. The plan shall be
4presented to the court for its approval within 60 days after the court finding that the
5person is appropriate for supervised release, unless the department, county
6department, and person to be released request additional time to develop the plan.
AB394,5,17 7(c) If the county department of the person's county of residence designated
8under par. (a)
declines to prepare a plan, the department may arrange for designate
9another county to prepare the plan if the department determines that that county
10meets the criteria under par. (a) and if
that county agrees to prepare the plan and
11if the
person will be living in that county. If the department is unable to arrange for
12designate another county to prepare a plan, the court shall designate a county
13department to prepare the plan, order the county department to prepare the plan,
14and place the person on supervised release in that county, except that the court may
15not so designate the county department in any county where there is a facility in
16which persons committed to institutional care under this chapter are placed unless
17that county is also the person's county of residence
.
AB394, s. 5 18Section 5. 980.105 of the statutes is repealed.
AB394,5,1919 (End)
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