SB318: Bill Text

SB318,37,17 980.01 (3) Except in ss. 980.09, 980.093, and 980.095, "petitioner" means the agency or person that filed a petition under s. 980.02.

SB318, s. 64 Section 64. 980.01 (5) of the statutes is amended to read:

SB318,38,3 980.01 (5) "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.

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 Section 65 . 980.01 (6) (a) of the statutes is amended to read:

SB318,38,6 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB318, s. 66 Section 66. 980.01 (6) (am) of the statutes is created to read:

SB318,38,9 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).

SB318, s. 67 Section 67. 980.01 (6) (b) of the statutes is amended to read:

SB318,38,14 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

SB318, s. 68 Section 68 . 980.01 (6) (bm) of the statutes is created to read:

SB318,38,18 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b) and that is determined, 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 Section 69. 980.01 (6) (c) of the statutes is amended to read:

SB318,39,3 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under par. (a) or, (am), (b), or (bm).

SB318, s. 70 Section 70 . 980.01 (7) of the statutes is amended to read:

SB318,39,10 980.01 (7) "Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in one or more acts of sexual violence.

SB318, s. 71 Section 71. 980.015 (1) of the statutes is renumbered 980.01 (1d) and amended to read:

SB318,39,14 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the agency 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 Section 72 . 980.015 (2) (intro.) of the statutes is amended to read:

SB318,40,6 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months 90 days prior to the applicable date of the following:

SB318, s. 73 Section 73 . 980.015 (2) (a) of the statutes is amended to read:

SB318,40,14 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or release, on parole or, extended supervision, or anticipated release otherwise, from a sentence of imprisonment of a person who has been convicted of or term of confinement in prison that was imposed for a conviction for a sexually violent offense, from a continuous term of incarceration, any part of which was imposed for a sexually violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any part of which was required as a result of a conviction for a sexually violent offense.

SB318, s. 74 Section 74. 980.015 (2) (b) of the statutes is amended to read:

SB318,40,20 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB318, s. 75 Section 75. 980.015 (2) (c) of the statutes is amended to read:

SB318,41,5 980.015 (2) (c) The anticipated release of a person on conditional release under s. 971.17, the anticipated termination of a commitment order under 971.17, or the anticipated discharge of a person from a commitment order under s. 971.17, if the person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under s. 971.17.

SB318, s. 76 Section 76 . 980.015 (2) (d) of the statutes is created to read:

SB318,41,8 980.015 (2) (d) The anticipated release on parole or discharge of a person committed under ch. 975 for a sexually violent offense.

Note: See the Note to Section 62.

SB318, s. 77 Section 77 . 980.015 (4) of the statutes is renumbered 980.14 (2) and amended to read:

SB318,41,13 980.14 (2) 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 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 Section 78 . 980.02 (1) (a) of the statutes is amended to read:

SB318,41,18 980.02 (1) (a) The department of justice at the request of the agency with jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.

Note: See the Note to Section 80.

SB318, s. 79 Section 79 . 980.02 (1) (b) 3. of the statutes is created to read:

SB318,42,4 980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

Note: Revises current law specifying that: (1) DOJ may file a petition to commit a person as an SVP at the request of the agency with the authority or duty to release or discharge the person; and (2) if DOJ does not file a petition, the DA for the county in which the person was convicted, adjudicated delinquent, or found not guilty by reason of insanity or mental disease, defect, or illness, or the county in which the person will reside, may file the petition.

The bill in this Section and Sections 35 and 83 : (1) permits the DA of the county in which the person is in custody to file the petition; (2) specifies that a juvenile court does not have jurisdiction over a petition involving a child; and (3) eliminates filing fees.

SB318, s. 80 Section 80 . 980.02 (1m) of the statutes is created to read:

SB318,42,7 980.02 (1m) A petition filed under this section shall be filed before the person is released or discharged.

Note: Creates s. 980.02 (1m), specifying that any SVP petition, not only a petition filed by DOJ under current law, must be filed before the person is released or discharged.

SB318, s. 81 Section 81. 980.02 (2) (ag) of the statutes is repealed.

Note: Repeals s. 980.02 (2) (ag), stats., providing that the petition may be filed only if the person is within 90 days of discharge or release or other specified circumstances apply.

SB318, s. 82 Section 82. 980.02 (4) (intro.) of the statutes is amended to read:

SB318,42,11 980.02 (4) (intro.) A petition under this section shall be filed in any one of the following:

SB318, s. 83 Section 83 . 980.02 (6) of the statutes is created to read:

SB318,42,15 980.02 (6) A court assigned to exercise jurisdiction under chs. 48 and 938 does not have jurisdiction over a petition filed under this section alleging that a child is a sexually violent person.

Note: See the Note to Section 78.

SB318, s. 84 Section 84. 980.03 (2) (intro.) of the statutes is amended to read:

SB318,43,3 980.03 (2) (intro.)  Except as provided in ss. 980.09 (2) (a) 980.038 (2) and 980.10 980.093 and without limitation by enumeration, at any hearing under this chapter, the person who is the subject of the petition has the right to:

SB318, s. 85 Section 85. 980.03 (3) of the statutes is amended to read:

SB318,43,12 980.03 (3) The person who is the subject of the petition, the person's attorney, or the department of justice or the district attorney petitioner may request that a trial under s. 980.05 be to a jury of 12. A request for a jury trial shall be made as provided under s. 980.05 (2). Notwithstanding s. 980.05 (2), if the person, the person's attorney, or the department of justice or the district attorney petitioner does not request a jury trial, the court may on its own motion require that the trial be to a jury of 12. The jury shall be selected as provided under s. 980.05 (2m). A verdict of a jury under this chapter is not valid unless it is unanimous.

SB318, s. 86 Section 86 . 980.03 (4) of the statutes is renumbered 980.031 (3) and amended to read:

SB318,44,2 980.031 (3) Whenever a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination of his or her mental condition under this chapter, he or she may retain experts or a licensed physician, licensed psychologist, or other mental health professional persons to perform an examination. If the person is indigent, the court shall, upon the person's request, appoint a qualified and available licensed physician, licensed psychologist, or other mental health professional to perform an examination of the person's mental condition and participate on the person's behalf in a trial or other proceeding under this chapter at which testimony is authorized. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a licensed physician, licensed psychologist, or other mental health professional appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person.

SB318,44,18 (4) If the person a party retains a qualified expert or the court appoints a licensed physician, licensed psychologist, or other mental health professional person of his or her own choice to conduct an examination under this chapter of the person's mental condition, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records as provided under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate in the trial or other proceeding on the person's behalf. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of an expert or professional person appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person. An expert (cm), past and present juvenile records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2) (e), and the person's past and present correctional records, including presentence investigation reports under s. 972.15 (6).

SB318,45,2 (5) A licensed physician, licensed psychologist, or other mental health professional person appointed to assist an indigent person who is subject to a petition who is expected to be called as a witness by one of the parties or by the court may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter. No licensed physician, licensed psychologist, or other mental health professional who is expected to be called as a witness by one of the parties or by the court may testify at any proceeding under this chapter unless a written report of his or her examination has been submitted to the court and to both parties at least 10 days before the proceeding.

Note: Clarifies that a person who is required to submit to an examination will be submitting to an examination of mental condition and the person may retain a licensed physician, licensed psychologist, or other mental health professional to perform the examination. Further, the expert will have full access to juvenile records and correctional records, as well as treatment records and health care records under current law. Finally, an expert will be allowed to testify only if a written report of the examination has been submitted to the court and to both parties at least 10 days before the proceeding.

SB318, s. 87 Section 87 . 980.03 (5) of the statutes is repealed.

SB318, s. 88 Section 88. 980.031 (title) of the statutes is created to read:

SB318,45,5 980.031 (title) Examinations.

SB318, s. 89 Section 89 . 980.031 (1) and (2) of the statutes are created to read:

SB318,45,10 980.031 (1) If a person who is the subject of a petition filed under s. 980.02 denies the facts alleged in the petition, the court may appoint at least one qualified licensed physician, licensed psychologist, or other mental health professional to conduct an examination of the person's mental condition and testify at trial.

SB318,45,15 (2) The state may retain a licensed physician, licensed psychologist, or other mental health professional to examine the mental condition of a person who is the subject of a petition under s. 980.02 or who has been committed under s. 980.06 and to testify at trial or at any other proceeding under this chapter at which testimony is authorized.

Note: Revises current law specifying that whenever a person who is the subject of a commitment petition or who has been committed as an SVP is required to submit to an examination, he or she may retain experts or professional persons to perform an examination.

The bill creates s. 980.031 (1) and (2) to provide that:

1. If a person who is the subject of a commitment petition denies the facts alleged in the petition, the court may appoint at least one qualified physician, psychologist, or other mental health professional to conduct an examination of the person's mental condition and testify at trial.

2. The state may retain a physician, psychologist, or other mental health professional to: (a) examine the mental condition of a person who is the subject of a commitment petition or who has been committed; and (b) testify at the trial or any other SVP proceeding at which testimony is authorized.

SB318, s. 90 Section 90 . 980.034 of the statutes is created to read:

SB318,46,8 980.034 Change of place of trial or jury from another county. (1) A person who is the subject of a petition filed under s. 980.02 or who has been committed under this chapter may move to change the place of a jury trial under s. 980.05 on the ground that an impartial trial cannot be had in the county in which the trial is set to be held. The motion shall be made within 20 days after the completion or waiver of the probable cause hearing under s. 980.04 (2), whichever is applicable, except that it may be made after that time for cause.

SB318,46,11 (2) The motion shall be in writing and supported by affidavit which shall state evidentiary facts showing the nature of the prejudice alleged. The petitioner may file counter affidavits.

SB318,46,17 (3) If the court determines that there exists in the county where the action is pending such prejudice that a fair trial cannot be had, it shall, except as provided in sub. (4), order that the trial be held in any county where an impartial trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters before trial may be conducted in either county at the discretion of the court.

SB318,46,19 (4) (a) Instead of changing the place of trial under sub. (3), the court may require the selection of a jury under par. (b) if all of the following apply:

SB318,46,20 1. The court will sequester the jurors during the trial.

SB318,46,21 2. There are grounds for changing the place of trial under sub. (1).

SB318,46,23 3. The estimated cost to the county of using the procedure under this subsection is less than the estimated cost to the county of holding the trial in another county.

SB318,47,2 (b) A court that proceeds under this subsection shall follow the procedure under sub. (3) until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

Note: Creates new s. 980.034 that: (1) specifies that the general statutory "change of venue" provision does not apply to SVP proceedings; and (2) establishes a change of venue procedure specific to ch. 980 proceedings. Under the bill, the person who is the subject of a commitment petition or who has been committed as an SVP may move for a change of the place of a jury trial on the ground that an impartial jury cannot be had in the county in which the trial is set to be held. If the court determines that there exists in the county such prejudice that a fair trial cannot be had, it must, with one exception, order that the trial be held in any county where an impartial trial can be had. Only one change may be granted and the judge who orders the change in the place of trial must preside over the trial.