SB318,66,1312
b. The person's risk for reoffense has been reduced to a level that it is not likely
13that the person will reoffend if so placed.
SB318,66,1614
2. Treatment is reasonably available in the community and the person who will
15be placed on supervised release will be treated by a provider who is qualified to
16provide the necessary treatment in this state.
SB318,66,2217
3. The provider presents a specific course of treatment for the person who will
18be placed on supervised release, agrees to assume responsibility for the person's
19treatment, agrees to comply with the rules and conditions of supervision imposed by
20the court and the department, agrees to report on the person's progress to the court
21on a regular basis, and agrees to report any violations of supervised release
22immediately to the court and the petitioner.
SB318,67,223
4. The person who will be placed on supervised release has housing
24arrangements that are sufficiently secure to protect the community, and the person
1or agency that is providing the housing to the person who will be placed on supervised
2release agrees in writing to the following conditions:
SB318,67,33
a. To accept the person who will be placed supervised release.
SB318,67,44
b. To provide or allow for the level of safety that the court requires.
SB318,67,95
c. To report immediately to the court and the petitioner any unauthorized
6absence of the person who will be placed on supervised release from the housing
7arrangement to which the person has been assigned. This subd. 4. c. applies only if
8the person or agency that is providing the housing is a state or local government
9agency or is licensed by the department.
SB318,67,1210
5. The person who will be placed on supervised release will comply with the
11provider's treatment requirements and all of the requirements that are imposed by
12the department and the court.
SB318,67,1513
6. The department has made provisions for the necessary services, including
14sex offender treatment, other counseling, medication, community support services,
15residential services, vocational services, and alcohol or other drug abuse treatment.
SB318,67,1916
7. The degree of supervision and ongoing treatment needs of the person who
17will be placed on supervised release that is required for the safe management of him
18or her in the community can be provided through the allocation of a reasonable level
19of resources.
Note: Creates new s. 980.07 (4) to (7) revising current law relating to requests for
supervised release. Under current law:
1. A person who is committed as an SVP may petition the committing court to
authorize supervised release if at least 18 months have elapsed since the initial
commitment order was entered or at least 6 months have elapsed since the most recent
release petition was denied or the most recent order for supervised release was revoked.
The director of the facility at which the person is placed may petition on the person's
behalf at any time.
2. Within 20 days after receiving the petition, the court must appoint one or more
examiners who have specialized knowledge determined by the court to be appropriate,
who must examine the person and furnish a written report to the court within 30 days
after the appointment. If any examiner believes that the person is appropriate for
supervised release, the examiner must report on the type of treatment and services that
the person may need while in the community on supervised release.
3. The court, without a jury, must hear the petition within 30 days after the
examiner's report is filed, unless the time limit is waived by the petitioner.
4. The court must grant the petition unless the state proves by clear and convincing
evidence that: (a) it is still likely that the person will engage in acts of sexual violence
if the person is not continued in institutional care; or (b) the person has not demonstrated
significant progress in his or her treatment or the person has refused treatment.
5. In making this decision, the court may consider: (a) The nature and
circumstances of the behavior that was the basis of the allegation in the petition to
commit the person; (b) the person's mental history and present mental condition; (c)
where the person will live; (d) how the person will support himself or herself; and (e) what
arrangements are available to ensure that the person has access to and will participate
in necessary treatment, including pharmacological treatment if the person is a serious
child sex offender.
6. If the court finds that the person is appropriate for supervised release, the court
must notify DHFS. DHFS must make its best effort to arrange for placement of the
person in a residential facility or dwelling that is in the person's county of residence.
7. DHFS and the county department in the county of residence must prepare a plan
that does all of the following: (a) identifies the treatment and services, if any, that the
person will receive in the community; (b) addresses the person's need, if any, for
supervision, counseling, medication, community support services, residential services,
vocational services, and AODA treatment; and (c) specifies who will be responsible for
providing the treatment and services identified in the plan.
8. The plan must be presented to the court for its approval within 60 days after the
court finding that the person is appropriate for supervised release, unless DHFS, the
county department, and the person request additional time to develop the plan.
The bill creates a new process for granting supervised release. As noted above,
DHFS must recommend continued institutional care, supervised release, or discharge
through the reexamination process. The new process is:
1. Within 30 days after the filing of the reexamination report, treatment report,
and DHFS recommendation, the person subject to the SVP commitment or the petitioner
may object to the recommendation by filing a written objection with the court.
2. If DHFS's recommendation is continued institutional care, and there is no
objection, the recommendation is implemented without a hearing. If DHFS recommends
discharge or the person files an objection requesting discharge, the court shall proceed
with determining whether discharge is appropriate. Otherwise the court, without a jury,
must hold a hearing to determine whether to authorize supervised release within 30 days
after the date on which objections are due, unless the time limit is waived by the
petitioner.
3. The court must determine from all of the evidence whether to continue
institutional care and, if not, what the appropriate placement would be for the person
while on supervised release. As under current law, in making this decision, the court may
consider the following: (a) the nature and circumstances of the behavior that was the
basis of the allegation in the commitment petition; (b) the person's mental history and
present mental condition; (c) the person's progress in treatment; (d) the person's refusal
to participate in treatment; and (e) if the court were to authorize supervised release,
where the person would live, how the person would support himself or herself, and what
arrangements would be available to ensure that the person would have access to and
would participate in treatment.
4. The court must select a county to prepare a report on the person's prospective
residential options. Unless the court has good cause to select another county, the court
must select the person's county of residence.
5. The court must order the county department in the county of intended
placement to prepare the report, either independently or with DHFS, identifying
prospective residential options. In identifying prospective residential options, the county
department must consider the proximity of any potential placement to the residence of
other persons on supervised release and to the residence of persons who are in the custody
of DOC and regarding whom a sex offender notification bulletin has been issued. The
county department must complete its report within 30 days following the court order.
6. If the court determines that the prospective residential options identified in the
report are inadequate, the court must select one or more other counties to prepare a
report.
7. The court may order that a person be placed on supervised release if it finds that
all of the following apply:
a. The person who will be placed on supervised release: (1) has made sufficient
progress in treatment such that the risk that the person will reoffend can be safely
managed in the community and the progress can be sustained; and (2) the person's risk
for reoffense has been reduced to a level that it is not likely that the person will reoffend
if so placed.
b. That there is treatment reasonably available in the community and the person
who will be placed on supervised release will be treated by a provider who is qualified to
provide the necessary treatment in this state.
c. The provider presents a specific course of treatment for the person who will be
placed on supervised release, agrees to assume responsibility for the person's treatment,
agrees to comply with the rules and conditions of supervision imposed by the court and
DHFS, agrees to report on the person's progress to the court on a regular basis, and agrees
to report any violations of supervised release immediately to the court and the petitioner.
d. The person who will be placed on supervised release has housing arrangements
that are sufficiently secure to protect the community, and the person or agency that is
providing the housing to the person agrees in writing to accept the person, provide or
allow for the level of safety the court requires, and, if the person or agency providing the
housing is a state or local government agency or is licensed by DHFS, immediately report
to the court and the petitioner any unauthorized absence of the person from the housing
arrangement.
e. The person who will be placed on supervised release will comply with the
provider's treatment requirements and all of the requirements that are imposed by
DHFS and the court.
f. DHFS has made provisions for the necessary services, including sex offender
treatment, other counseling, medication, community support services, residential
services, vocational services, and AODA treatment.
g. The degree of supervision and ongoing treatment needs of the person who will
be placed on supervised release that is required for the safe management for him or her
in the community can be provided through the allocation of a reasonable level of
resources.
SB318, s. 111
1Section
111
. 980.08 of the statutes is repealed and recreated to read:
SB318,70,2
2980.08 Supervised release; procedures, implementation, revocation. 3(1) If the court determines under s. 980.07 (7) that supervised release is appropriate,
4the court shall order the county department under s. 51.42 in the county of intended
1placement to assist the department of health and family services in implementing
2the supervised release placement.
SB318,70,5
3(2) The department shall file with the court any additional rules of supervision
4not inconsistent with the rules or conditions imposed by the court within 10 days of
5imposing the rule.
SB318,70,7
6(3) If the department wishes to change a rule or condition of supervision
7imposed by the court, it must obtain the court's approval.
SB318,70,16
8(4) An order granting supervised release places the person in the care, control,
9and custody of the department. The department shall arrange for the care, control,
10and treatment of the person in the least restrictive manner consistent with the
11requirements of the person and in accordance with the order for supervised release.
12Before a person is actually released under this section, the court shall notify the
13municipal police department and county sheriff for the municipality and county in
14which the person will be residing. The notification requirement under this
15subsection does not apply if a municipal police department or county sheriff submits
16to the court a written statement waiving the right to be notified.
SB318,70,20
17(5) (a) If the department concludes that a person on supervised release, or
18awaiting placement on supervised release, violated or threatened to violate a rule of
19supervised release, it may petition for revocation of the order granting supervised
20release. The department may also detain the person.
SB318,70,2421
(b) If the department concludes that a person on supervised release, or
22awaiting placement on supervised release, is a threat to the safety of others, it shall
23detain the person and petition for revocation of the order granting supervised
24release.
SB318,71,11
1(c) If the department concludes that the order granting supervised release
2should be revoked, it shall file a statement alleging the violation and a petition to
3revoke the order for supervised release with the committing court and provide a copy
4of each to the regional office of the state public defender responsible for handling
5cases in the county where the committing court is located. If the department has
6detained the person under par. (a) or (b), the department shall file the statement and
7the petition and provide them to the state public defender within 72 hours after the
8detention, excluding Saturdays, Sundays, and legal holidays. The court shall refer
9the matter to the authority for indigency determinations under s. 977.07 (1) and
10appointment of counsel under s. 977.05 (4) (j). The determination of indigency and
11the appointment of counsel shall be done as soon as circumstances permit.
SB318,71,1612
(d) The court shall hear the petition within 30 days, unless the hearing or time
13deadline is waived. A final decision on the petition to revoke shall be made within
1490 days of the filing of the petition. Pending the final revocation hearing, the
15department may detain the person in the county jail or return him or her to
16institutional care.
SB318,71,22
17(6) (a) If the court finds after a hearing, by clear and convincing evidence, that
18any rule has been violated and the court finds that the violation of the rule merits
19the revocation of the order granting supervised release, the court may revoke the
20order for supervised release and order that the person be placed in institutional care.
21The person shall remain in institutional care until he or she is discharged from the
22commitment or again placed on supervised release.
SB318,72,223
(b) If the court finds after a hearing, by clear and convincing evidence, that the
24safety of others requires that supervised release be revoked, the court shall revoke
25the order granting supervised release and order that the person be placed in
1institutional care. The person shall remain in institutional care until he or she is
2discharged from the commitment or again placed on supervised release.
Note: Revises, by repealing and recreating s. 980.08, stats., current law relating
to supervision of persons on supervised release. Under current law:
1. An order for supervised release places the person in the custody and control of
DHFS. DHFS must arrange for control, care, and treatment of the person in the least
restrictive manner consistent with the requirements of the person and in accordance with
the plan for supervised release. A person on supervised release is subject to the conditions
set by the court and to DHFS rules.
2. If DHFS alleges that a 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 DHFS rules. DHFS must 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
for that court's county within 72 hours after the detention.
3. The court must hear the petition within 30 days, unless the deadline is waived
by the detained person. 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 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
person be placed in an appropriate institution.
The bill modifies current law relating to revocation of supervised release as follows:
1. If DHFS concludes that a person on supervised release, or awaiting placement
on supervised release, violated or threatened to violate a rule of supervised release, it may
petition for revocation of the order granting supervised release.
2. As under current law, DHFS may detain a person for a violation or threatened
violation. In addition, under the bill, if DHFS concludes that such a person is a threat
to the safety of others, it must detain the person and petition for revocation of the order
granting supervised release.
3. If DHFS concludes that the order granting supervised release should be
revoked, it must file a statement alleging the violation and a petition to revoke the order
with the committing court and provide a copy of each to the regional office of the state
public defender within 72 hours after the detention. The court must hear the petition
within 30 days, unless the hearing or time deadline is waived. A final decision on the
petition must be made within 90 days of its filing.
4. If the court finds after a hearing, by clear and convincing evidence, that any rule
has been violated and that the violation merits the revocation of the order granting
supervised release, the court may revoke the order and order that the person be placed
in institutional care. If the court finds by clear and convincing evidence that the safety
of others requires that supervised release be revoked, the court must revoke the order
granting supervised release and order that the person be placed in institutional care.
SB318, s. 112
3Section
112. 980.09 (title) of the statutes is amended to read:
SB318,72,5
4980.09 (title)
Petition for discharge; procedure with department's
5approval.
SB318, s. 113
6Section
113. 980.09 (1) (title) of the statutes is repealed.
SB318, s. 114
1Section
114. 980.09 (1) (a) of the statutes is renumbered 980.09 (1) and
2amended to read:
SB318,73,103
980.09
(1) If the
secretary department determines at any time that a person
4committed under this chapter
is no longer does not meet the criteria for commitment
5as a sexually violent person, the
secretary department shall
authorize the person to 6petition the committing court for discharge. The
person department shall file the
7petition with the court and serve a copy upon the department of justice or the district
8attorney's office that filed the petition under s. 980.02 (1), whichever is applicable.
9The court, upon receipt of the petition for discharge, shall order a hearing to be held
10within
45 90 days after the date of receipt of the petition.
Note: Amends s. 980.09 (1), as renumbered, to:
1. Change the time limit for a hearing on a DHFS petition for discharge from
within 45 days to within 90 days (after the date of receipt of the petition).
2. Require DHFS, not the person committed, to file the petition when the
department determines that the person does not meet the criteria of an SVP.
SB318, s. 115
11Section
115. 980.09 (1) (b) of the statutes is renumbered 980.09 (2m) and
12amended to read:
SB318,73,1913
980.09
(2m) At a hearing under this
subsection section, the district attorney
14or the department of justice, whichever filed the original petition, shall represent the
15state and shall have the right to have the petitioner examined by an expert or
16professional person of his, her or its choice.
The hearing shall be before the court
17without a jury. The state has the burden of proving by clear and convincing evidence
18that the petitioner
is still currently meets the criteria for commitment as a sexually
19violent person.
SB318, s. 116
20Section
116. 980.09 (1) (c) of the statutes is renumbered 980.09 (3) and
21amended to read:
SB318,74,6
1980.09
(3) If the court is satisfied that the state has not met its burden of proof
2under
par. (b) sub. (2m), the petitioner shall be discharged from the custody
or
3supervision of the department. If the court is satisfied that the state has met its
4burden of proof under
par. (b) sub. (2m), the court may proceed
under 980.07 (7) (b)
5to (d) to determine
, using the criterion specified in s. 980.08 (4) (b), whether to modify
6the petitioner's existing commitment order by authorizing supervised release.
SB318, s. 117
7Section
117. 980.09 (2) of the statutes is repealed.
Note: Repeals the current provision regarding a discharge petition brought
without the approval of DHFS. See the Note to Section 118 for the replacement to s.
980.09 (2).
SB318, s. 118
8Section
118
. 980.093 of the statutes is created to read:
SB318,74,14
9980.093 Petition for discharge without department's approval. (1) 10Petitions in general. A committed person may petition the committing court for
11discharge without the department's approval. The court shall deny the petition
12under this section without a hearing unless the petition alleges facts from which the
13court or jury may conclude the person's condition has changed so that the person does
14not meet the criteria for commitment as a sexually violent person.
SB318,75,2
15(2) Court review of petition. The court shall review the petition within 30
16days and the court may hold a hearing to determine if it contains facts from which
17the court or jury may conclude that the person does not meet the criteria for
18commitment as a sexually violent person. In determining under this subsection
19whether facts exist that might warrant such a conclusion, the court shall consider
20any current or past reports filed under s. 980.07, relevant facts and arguments in the
21petition and in the state's written response, arguments of counsel, and any
22supporting documentation provided by the person or the state. If the court
23determines that the petition does not contain facts from which a court or jury may
1conclude that the person does not meet the criteria for commitment, the court shall
2deny the petition.
SB318,75,7
3(3) Hearing. The court shall hold a hearing within 90 days of the determination
4that the petition contains facts from which the court or jury may conclude that the
5person does not meet the criteria for commitment as a sexually violent person. The
6state has the burden of proving by clear and convincing evidence that the person
7meets the criteria for commitment as a sexually violent person.
SB318,75,13
8(4) Disposition. If the court or jury is satisfied that the state has not met its
9burden of proof under sub. (3), the petitioner shall be discharged from the custody
10of the department. If the court or jury is satisfied that the state has met its burden
11of proof under sub. (3), the court may proceed under s. 980.07 (7) (b) to (d) to
12determine whether to modify the petitioner's existing commitment order by
13authorizing supervised release.
Note: Creates new s. 980.093 revising the current law relating to discharge from
commitment. Under current law:
1. If the secretary of DHFS determines at any time that a person is no longer an
SVP, the secretary must authorize the person to petition the committing court for
discharge. The court must hold a hearing within 45 days after receipt of the petition. The
hearing must be before the court without a jury. The state has the burden of proving by
clear and convincing evidence that the person is still an SVP.
2. If the court is satisfied that the state has not met its burden of proof, the
petitioner must be discharged from the custody and supervision of DHFS. If the court is
satisfied that the state has met its burden, the court may proceed to determine whether
to modify the person's existing commitment order by authorizing supervised release.
3. A person may also petition the court for discharge from custody or supervision
without the approval of the secretary of DHFS.
4. At the time of the person's reexamination, the secretary of DHFS must provide
the person with written notice of the person's right to petition for discharge over the
secretary's objections. If the person does not affirmatively waive the right to petition, the
court must set a probable cause hearing to determine whether facts exist that warrant
a hearing on whether the person is still an SVP.
5. If the court determines at the probable cause hearing that probable cause exists
to believe that the committed person is no longer an SVP, the court must set a hearing
on the issue. The hearing must be to the court. The state has the right to have the person
evaluated by experts chosen by the state. The state has the burden of proving by clear
and convincing evidence that the committed person is likely to engage in acts of sexual
violence or has not made significant progress in treatment or has refused treatment. If
the court is satisfied that the state has not met its burden of proof, the petitioner must
be discharged from the custody and supervision of DHFS. If the court is satisfied that
the state has met its burden, the court may proceed to determine whether to modify the
person's existing SVP commitment order by authorizing supervised release.
The bill modifies the provisions relating to petitions for discharge that do not have
DHFS's approval as follows:
1. The court must deny the petition without a hearing unless the petition alleges
facts from which the court may conclude that the person's condition has changed so that
the person does not meet the criteria for commitment as an SVP. In determining whether
such facts exist, the court must consider any current or past reports filed in connection
with a reexamination, relevant facts and arguments in the petition and in the state's
written response, arguments of counsel, and any supporting documentation provided by
the person or the state.
2. The court must hold a hearing within 90 days of the determination that the
petition contains facts from which the court may conclude that the person does not meet
the criteria for commitment as an SVP. Upon request, the hearing may be to a jury of 6.
A verdict must be agreed to by at least 5 of the 6 jurors. The state has the burden of
proving by clear and convincing evidence that the person meets the criteria for
commitment. The bill specifies that the general rules of evidence are inapplicable at such
hearings.
3. If the court is satisfied that the state has not met its burden of proof, the
petitioner must be discharged from the custody and supervision of DHFS. If the court is
satisfied that the state has met its burden, the court may proceed to determine whether
to modify the person's existing commitment order by authorizing supervised release.
SB318, s. 119
1Section
119
. 980.095 of the statutes is created to read:
SB318,76,6
2980.095 Procedures for discharge hearings. (1) Use of juries. (a) The
3district attorney or the department of justice, whichever filed the original petition,
4or the petitioner or his or her attorney may request that a hearing under s. 980.093
5be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days
6of the filing of the petition for discharge.
SB318,76,137
(b) Juries shall be selected and treated in the same manner as they are selected
8and treated in civil actions in circuit court. The number of jurors prescribed in par.
9(a), plus the number of peremptory challenges available to all of the parties, shall be
10called initially and maintained in the jury box by calling others to replace jurors
11excused for cause until all jurors have been examined. The parties shall exercise in
12their order, the state beginning, the peremptory challenges available to them, and
13if any party declines to challenge, the challenge shall be made by the clerk by lot.
SB318,77,2
1(c) No verdict shall be valid or received unless at least 5 of the jurors agree to
2it.
SB318,77,7
3(2) Department's right to be heard. The department of justice shall represent
4the department of health and family services at any discharge hearing unless the
5departments have adverse interest. If the departments have adverse interests, the
6department of health and family services shall be represented at the hearing by its
7agency counsel or an attorney that it retains.
SB318,77,9
8(3) Post verdict motions. Motions after verdict may be made without further
9notice upon receipt of the verdict.