SB318, s. 48 9Section 48. 972.15 (4) of the statutes is amended to read:
SB318,32,1310 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
11or ordered by the court, the presentence investigation report shall be confidential
12and shall not be made available to any person except upon specific authorization of
13the court.
SB318, s. 49 14Section 49 . 972.15 (6) of the statutes is created to read:
SB318,32,1815 972.15 (6) The presentence investigation report and any information contained
16in it or upon which it is based may be used by any of the following persons in any
17evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
18appeal, or other proceeding under ch. 980:
SB318,32,1919 (a) The department of corrections.
SB318,33,1
1(b) The department of health and family services.
SB318,33,32 (c) The person who is the subject of the presentence investigation report, his
3or her attorney, or an agent or employee of the attorney.
SB318,33,44 (d) The attorney representing the state or an agent or employee of the attorney.
SB318,33,65 (e) A licensed physician, licensed psychologist, or other mental health
6professional who is examining the subject of the presentence investigation report.
SB318,33,77 (f) The court and, if applicable, the jury hearing the case.
Note: Revises the current law specifying that, after a conviction, the court may
order a presentence investigation, and, if ordered, it must be disclosed to the defendant's
attorney (or the defendant, if unrepresented) and the DA prior to sentencing. The DOC
may use the investigation report for correctional programming, parole consideration, or
care and treatment.
The bill creates new s. 972.15 (6), permitting the presentence investigation report
and any information contained in it or upon which it is based to be used by any of the
following agencies or persons in any evaluation, examination, referral, hearing, trial,
post commitment relief proceeding, appeal, or other SVP proceeding: (1) DOC and DHFS;
(2) the person who is the subject of the presentence investigation report and his or her
attorney; (3) the attorney representing the state or an agent or employee of the attorney;
(4) a physician, psychologist, or other mental health professional who is examining the
subject of the report; and (5) the court and, if applicable, the jury hearing the case.
SB318, s. 50 8Section 50. 973.155 (1) (c) of the statutes is created to read:
SB318,33,129 973.155 (1) (c) The categories in par. (a) include time during which the
10convicted offender was in the custody of the department of health and family services
11under ch. 980 only if the offender was confined during that time and the confinement
12and the offender's conviction resulted from the same course of conduct.
Note: Creates s. 973.155 (1) (c), relating to allowing sentence credit time for a
convicted offender who was in the custody of the DHFS under ch. 980 if the offender was
confined during that time and the confinement and the offender's conviction resulted
from the same course of conduct.
SB318, s. 51 13Section 51. 978.03 (3) of the statutes, as affected by 2005 Wisconsin Act 25,
14is amended to read:
SB318,34,415 978.03 (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.

1978.043 (1), may perform any duty required by law to be performed by the district
2attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2)
3may appoint such temporary counsel as may be authorized by the department of
4administration.
SB318, s. 52 5Section 52. 978.04 of the statutes is amended to read:
SB318,34,12 6978.04 Assistants in certain prosecutorial units. The district attorney of
7any prosecutorial unit having a population of less than 100,000 may appoint one or
8more assistant district attorneys as necessary to carry out the duties of his or her
9office and as may be requested by the department of administration authorized in
10accordance with s. 16.505. Any such assistant district attorney must be an attorney
11admitted to practice law in this state and, except as provided in s. 978.043 (1), may
12perform any duty required by law to be performed by the district attorney.
SB318, s. 53 13Section 53. 978.043 of the statutes is renumbered 978.043 (1) and amended
14to read.
SB318,34,2415 978.043 (1) The district attorney of the prosecutorial unit that consists of
16Brown County and the district attorney of the prosecutorial unit that consists of
17Milwaukee County shall each assign one assistant district attorney in his or her
18prosecutorial unit to be a sexually violent person commitment prosecutor. An
19assistant district attorney assigned under this section subsection to be a sexually
20violent person commitment prosecutor may engage only in the prosecution of
21sexually violent person commitment proceedings under ch. 980 and, at the request
22of the district attorney of the prosecutorial unit, may file and prosecute sexually
23violent person commitment proceedings under ch. 980 in any prosecutorial unit in
24this state.
SB318, s. 54 25Section 54 . 978.043 (2) of the statutes is created to read:
SB318,35,8
1978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes
2or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than
3his or her own, the prosecutorial unit in which the case is heard shall reimburse the
4assistant district attorney's own prosecutorial unit for his or her reasonable costs
5associated with the prosecution, including transportation, lodging, and meals.
6Unless otherwise agreed upon by the prosecutorial units involved, the court hearing
7the case shall determine the amount of money to be reimbursed for expert witness
8fees under this subsection.
Note: Creates a new provision specifying that if an assistant DA prosecutes or
assists in the prosecution of an SVP case in another prosecutorial unit, the prosecutorial
unit in which the case is heard must reimburse the assistant DA's own prosecutorial unit
for his or her reasonable costs associated with the prosecution, including transportation,
lodging, and meals. Current law requires the DA in Brown County and the DA in
Milwaukee County to each assign one assistant DA to be an SVP commitment prosecutor,
and specifies that those assistant DAs may file and prosecute SVP commitment
proceedings in any prosecutorial unit in the state.
SB318, s. 55 9Section 55. 978.045 (1r) (intro.) of the statutes is amended to read:
SB318,35,1810 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
11record stating the cause therefor for it, may appoint an attorney as a special
12prosecutor to perform, for the time being, or for the trial of the accused person, the
13duties of the district attorney. An attorney appointed under this subsection shall
14have all of the powers of the district attorney. The judge may appoint an attorney
15as a special prosecutor at the request of a district attorney to assist the district
16attorney in the prosecution of persons charged with a crime, in grand jury or John
17Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may
18appoint an attorney as a special prosecutor if any of the following conditions exists:
SB318, s. 56 19Section 56. 978.05 (6) (a) of the statutes is amended to read:
SB318,36,1120 978.05 (6) (a) Institute, commence or appear in all civil actions or special
21proceedings under and perform the duties set forth for the district attorney under ch.

1980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
2(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
3946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
4connection with court proceedings in a court assigned to exercise jurisdiction under
5chs. 48 and 938 as the judge may request and perform all appropriate duties and
6appear if the district attorney is designated in specific statutes, including matters
7within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
8the authority of the county board to designate, under s. 48.09 (5), that the corporation
9counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1048.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
11interests of the public under s. 48.14 or 938.14.
SB318, s. 57 12Section 57. 978.05 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25,
13is amended to read:
SB318,36,2314 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s.
15978.043 (1), make appropriate assignments of the staff throughout the prosecutorial
16unit. The district attorney may request the assistance of district attorneys, deputy
17district attorneys, or assistant district attorneys from other prosecutorial units or
18assistant attorneys general who then may appear and assist in the investigation and
19prosecution of any matter for which a district attorney is responsible under this
20chapter in like manner as assistants in the prosecutorial unit and with the same
21authority as the district attorney in the unit in which the action is brought. Nothing
22in this paragraph limits the authority of counties to regulate the hiring, employment,
23and supervision of county employees.
SB318, s. 58 24Section 58. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
SB318, s. 59 25Section 59. 978.13 (2) (a) of the statutes is created to read:
SB318,37,4
1978.13 (2) (a) In this subsection, "costs related to the operation of the district
2attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
3(2) but do not include costs for which a prosecutorial unit receives reimbursement
4under s. 978.043 (2).
Note: See the Note to Section 54.
SB318, s. 60 5Section 60. 980.01 (1) of the statutes is renumbered 980.01 (1h).
SB318, s. 61 6Section 61 . 980.01 (1b) of the statutes is created to read:
SB318,37,87 980.01 (1b) "Act of sexual violence" means conduct that constitutes the
8commission of a sexually violent offense.
Note: Creates a new provision [s. 980.01 (1b)] defining "act of sexual violence" to
mean conduct that constitutes the commission of an SVO. Under current law, one part
of the definition of "sexually violent person" is that the person is dangerous because he
or she suffers from a mental disorder that makes it likely that the person will engage in
"acts of sexual violence."
SB318, s. 62 9Section 62 . 980.01 (1j) of the statutes is created to read:
SB318,37,1410 980.01 (1j) "Incarceration" includes confinement in a secured correctional
11facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
12in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person
13was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats.,
14or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
Note: Defines "incarceration" to include confinement in a juvenile facility if the
person was placed in the facility for being adjudicated delinquent on the basis of an SVO.
SB318, s. 63 15Section 63. 980.01 (3) of the statutes is created to read:
SB318,37,1716 980.01 (3) Except in ss. 980.09, 980.093, and 980.095, "petitioner" means the
17agency or person that filed a petition under s. 980.02.
SB318, s. 64 18Section 64. 980.01 (5) of the statutes is amended to read:
SB318,38,3
1980.01 (5) "Sexually motivated" means that one of the purposes for an act is
2for the actor's sexual arousal or gratification or for the sexual humiliation or
3degradation of the victim
.
Note: Revises the definition of "sexually motivated" for purposes of ch. 980. Under
the bill, "sexually motivated" means that one of the purposes for an act is for the actor's
sexual arousal or gratification or for the sexual humiliation or degradation of the victim.
Current law specifies that "sexually motivated" means that one of the purposes for an act
is for the actor's sexual arousal or gratification.
SB318, s. 65 4Section 65 . 980.01 (6) (a) of the statutes is amended to read:
SB318,38,65 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
6(2), 948.025, 948.06, or 948.07.
SB318, s. 66 7Section 66. 980.01 (6) (am) of the statutes is created to read:
SB318,38,98 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
9law of this state and that is comparable to any crime specified in par. (a).
SB318, s. 67 10Section 67. 980.01 (6) (b) of the statutes is amended to read:
SB318,38,1411 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
12940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32,
13or 948.03
that is determined, in a proceeding under s. 980.05 (3) (b), to have been
14sexually motivated.
SB318, s. 68 15Section 68 . 980.01 (6) (bm) of the statutes is created to read:
SB318,38,1816 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
17law of this state, that is comparable to any crime specified in par. (b) and that is
18determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
Note: Revises [in Sections 65 to 68 ] the definition of "sexually violent offense" in
ch. 980 to:
1. Add 3rd-degree sexual assault to the list of sexually violent offenses. Under
current law, "sexually violent offense" means first- or 2nd-degree sexual assault, first-
or 2nd-degree sexual assault of a child, incest with a child, or child enticement. In
addition, "sexually violent offense" includes first- or 2nd-degree intentional homicide,
first- or 2nd-degree reckless homicide, aggravated battery, aggravated battery to an
unborn child, false imprisonment, taking hostages, kidnapping, or burglary if
determined to be sexually motivated.

2. Add felony murder, administering a dangerous or stupefying drug, robbery, and
physical abuse of a child to the list of sexually violent offenses if such an offense is
determined to be sexually motivated.
3. Expand the list of sexually violent offenses to include comparable crimes
committed prior to June 2, 1994.
SB318, s. 69 1Section 69. 980.01 (6) (c) of the statutes is amended to read:
SB318,39,32 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under
3par. (a) or, (am), (b), or (bm).
SB318, s. 70 4Section 70 . 980.01 (7) of the statutes is amended to read:
SB318,39,105 980.01 (7) "Sexually violent person" means a person who has been convicted
6of a sexually violent offense, has been adjudicated delinquent for a sexually violent
7offense, or has been found not guilty of or not responsible for a sexually violent
8offense by reason of insanity or mental disease, defect, or illness, and who is
9dangerous because he or she suffers from a mental disorder that makes it likely that
10the person will engage in one or more acts of sexual violence.
SB318, s. 71 11Section 71. 980.015 (1) of the statutes is renumbered 980.01 (1d) and amended
12to read:
SB318,39,1413 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the
14agency with the authority or duty to release or discharge the person.
Note: Revises [in Sections 62 to 76 ] current law relating to the commencement
of commitment proceedings. Under current law, if an agency with jurisdiction (the agency
with the authority or duty to release or discharge the person) has control or custody over
a person who may meet the criteria for commitment as an SVP, the agency must inform
each appropriate DA and DOJ regarding the person as soon as possible beginning 3
months prior to the applicable date of the following:
1. The anticipated discharge from a sentence, anticipated release on parole or
extended supervision or anticipated release from imprisonment of a person who has been
convicted of an SVP.
2. The anticipated release from a secure juvenile facility of a person adjudicated
delinquent on the basis of an SVO.
3. The termination or discharge of a person who has been found not guilty of an
SVO by reason of mental disease or defect.
Under the bill:
1. For persons under a sentence, the agency must inform the DA and DOJ
regarding the person as soon as possible beginning 90 days before the date of the
anticipated discharge or release on parole or extended supervision, or otherwise, from a
sentence of imprisonment or term of confinement in prison that was imposed for a

conviction for an SVO, from a continuous term of incarceration, any part of which was
imposed for an SVO, or from a prison placement under the intensive sanctions program,
any part of which was imposed for an SVO.
2. Requires the DA and DOJ to be notified of the anticipated release on parole or
discharge of a person committed under ch. 975, stats. (the sex crimes law in effect prior
to the creation of ch. 980, stats.), for an SVO.
SB318, s. 72 1Section 72 . 980.015 (2) (intro.) of the statutes is amended to read:
SB318,40,62 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over
3a person who may meet the criteria for commitment as a sexually violent person, the
4agency with jurisdiction shall inform each appropriate district attorney and the
5department of justice regarding the person as soon as possible beginning 3 months
690 days prior to the applicable date of the following:
SB318, s. 73 7Section 73 . 980.015 (2) (a) of the statutes is amended to read:
SB318,40,148 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or
9release, on parole or, extended supervision, or anticipated release otherwise, from a
10sentence of
imprisonment of a person who has been convicted of or term of
11confinement in prison that was imposed for a conviction for
a sexually violent offense,
12from a continuous term of incarceration, any part of which was imposed for a sexually
13violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any
14part of which was required as a result of a conviction for a sexually violent offense
.
SB318, s. 74 15Section 74. 980.015 (2) (b) of the statutes is amended to read:
SB318,40,2016 980.015 (2) (b) The anticipated release from a secured correctional facility, as
17defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
18(15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was
19placed in the facility as a result of being
adjudicated delinquent under s. 48.34, 1993
20stats., or under
s. 938.183 or 938.34 on the basis of a sexually violent offense.
SB318, s. 75 21Section 75. 980.015 (2) (c) of the statutes is amended to read:
SB318,41,5
1980.015 (2) (c) The anticipated release of a person on conditional release under
2s. 971.17, the anticipated
termination of a commitment order under 971.17, or the
3anticipated
discharge of a person from a commitment order under s. 971.17, if the
4person who has been found not guilty of a sexually violent offense by reason of mental
5disease or defect under s. 971.17.
SB318, s. 76 6Section 76 . 980.015 (2) (d) of the statutes is created to read:
SB318,41,87 980.015 (2) (d) The anticipated release on parole or discharge of a person
8committed under ch. 975 for a sexually violent offense.
Note: See the Note to Section 62.
SB318, s. 77 9Section 77 . 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
10to read:
SB318,41,1311 980.14 (2) Any agency or officer, employee, or agent of an agency is immune
12from criminal or civil liability for any acts or omissions as the result of a good faith
13effort to comply with any provision of this section chapter.
Note: Revises s. 980.14 (2), stats., as renumbered, to provide that any agency or
officer, employee, or agent of an agency is immune from criminal or civil liability for any
acts or omissions as the result of a good faith effort to comply with any provision of ch.
980, stats
. ("Agency" means DOC, DHFS, DOJ, or a DA. (See Section 124) Current law
specifies that any agency or officer, employee, or agent of an agency is immune from
criminal or civil liability for any acts or omissions as the result of a good faith effort to
comply with the requirement that an agency notify the DA or DOJ of the anticipated
release or discharge of a person who may be an SVP. See, also, Section 125.
SB318, s. 78 14Section 78 . 980.02 (1) (a) of the statutes is amended to read:
SB318,41,1815 980.02 (1) (a) The department of justice at the request of the agency with
16jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice
17decides to file a petition under this paragraph, it shall file the petition before the date
18of the release or discharge of the person.
Note: See the Note to Section 80.
SB318, s. 79 19Section 79 . 980.02 (1) (b) 3. of the statutes is created to read:
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