Under current law, DHFS must conduct an examination of the mental condition
of each person who has been committed as an SVP within six months of the initial
commitment and every 12 months thereafter to determine whether the person has made
sufficient progress for the court to consider whether the person should be placed on
supervised release or discharged. The examiner conducting an examination must
prepare a written report of the examination no later than 30 days after the date of the
examination. The report must be placed in the person's medical records and a copy must
be given to the court.
Under the bill:
1. DHFS must conduct the examination within 12 months after the date of the
initial commitment order and every 12 months thereafter. [Section 104]
2. At the time of the examination, DHFS must prepare a treatment report based
on its treating professionals' evaluation of: (a) the specific factors associated with the
person's risk for committing another sexually violent offense; (b) whether the person has
made significant progress in treatment or has refused treatment; (c) the ongoing
treatment needs of the person; and (d) any specialized needs or conditions associated with
the person that must be considered in future treatment planning.
3. The examiner's report must include an assessment of the risk that the person
will reoffend, whether the risk can be safely managed in the community if reasonable
conditions of supervision and security are imposed, and whether the treatment that the
person needs is available in the community. The report must be prepared no later than
30 days after the date of the examination and must be provided to DHFS. [Section 108
]
4. DHFS must send the treatment report, the written examination report, and a
written statement from DHFS recommending either continued institutional care,
supervised release, or discharge to the court, with copies to the DA or DOJ and to the
person's attorney. [Section 108
]
5. If the report concludes that the person does not meet the criteria for commitment
as an SVP, DHFS must petition for discharge. [Section 108]
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 six 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release petition was denied or the most recent order for supervised release was revoked.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. 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. In making this
decision, the court may consider the nature and circumstances of the behavior that was
the basis of the allegation in the petition to commit the person; the person's mental history
and present mental condition; where the person will live; how the person will support
himself or herself; and 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.
4. 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.
5. 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 alcohol and other drug abuse (AODA) treatment; and (c) specifies
who will be responsible for providing the treatment and services identified in the plan.
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 in the bill is as follows:
1. Within 30 days after the filing of the reexamination report, treatment report,
and DHFS recommendation, the person subject to the commitment, the DA, or DOJ, 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. In making this decision, the court may consider the same
items as under current law, except that the person's progress in treatment or refusal to
participate in treatment is added.
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. 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 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. If the
court determines that the options identified in the report are inadequate, the court must
select another county to prepare a report. The county must report within 30 days of the
court order.
5. The court may order that a person be placed on supervised release if it finds that
all of the following apply: (a) the person 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 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) there is treatment
reasonably available in the community and the person 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, 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,
DOJ, or the DA, as applicable; (d) the person 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 DOJ or the DA, as applicable, any unauthorized absence of the person from the
housing arrangement; (e) the person 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; and (g) the degree of supervision and ongoing
treatment needs of the person required for the safe management of the person in the
community can be provided through the allocation of a reasonable level of resources.
[Section 110]
Supervision of Persons on Supervised Release
Under current law, 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. 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. 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 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.
[Section 111]
Discharge From Commitment
Under current law, if the secretary of DHFS (secretary) 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, before the court without
a jury, within 45 days after receipt of the petition. The state has the burden of proving
by clear and convincing evidence that the person is still an SVP. If the court is satisfied
that the state has not met its burden, 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.
Current law also permits a person to petition the court for discharge from custody
or supervision without the approval of the secretary. At the time of the person's
reexamination, the secretary 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. If the court determines at the probable cause hearing that probable cause exists to
believe that the committed person is no longer an SVP, then the court must set a hearing,
to the court, on the issue. 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, 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.
The bill modifies the provisions relating to petitions for discharge
that do not have
DHFS's approval. 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.
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 six.
A verdict must be agreed to by at least five of the six jurors. The state has the burden of
proving by clear and convincing evidence that the person meets the criteria for
commitment. The general rules of evidence are inapplicable at such hearings. 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. [Sections 118
and 119]
Failure to Comply With Time Limits
The bill provides that failure to comply with any time limit specified in ch. 980,
stats.: (1) does not deprive the court of personal or subject matter jurisdiction or of
competency to exercise that jurisdiction; and (2) is not grounds for an appeal or grounds
to vacate any order, judgment, or commitment issued or entered. Failure to object to a
period of delay or a continuance waives the time limit that is the subject of the period of
delay or continuance. [Section 92
]
Immunity for Noncompliance With SVP Provisions
Under current law, 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.
Under the bill, 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 the chapter governing SVP commitments (ch. 980, stats.).
"Agency" means DOC, DHFS, DOJ, or a DA. [Sections 77 and 125
]
Escape
Under current law, a person in custody who intentionally escapes from custody is
guilty of a Class H felony, punishable by a fine not to exceed $10,000 and a term of
imprisonment and extended supervision not to exceed six years. "Custody" is defined as
actual custody in an institution, including a secure juvenile facility. It does not include
the custody of a probationer, parolee, or person on extended supervision unless the person
is in actual custody.
The bill modifies the definition of "custody" to include: (1) actual custody in a
facility used for the detention of persons committed as SVPs; and (2) without limitation,
the constructive custody of a person placed on supervised release. The bill specifies that
a person who intentionally escapes from custody under the following circumstances is
guilty of a Class F felony, punishable by a fine not to exceed $25,000 and a term of
imprisonment and extended supervision not to exceed 12 years and six months: (1) while
subject to a detention or custody order pending a petition to commit the person as an SVP;
or (2) while subject to an order committing the person to custody of DHFS, regardless of
whether the person is placed in institutional care or on supervised release. [Sections 44
and 45]
District Attorneys
Under current law, the DA in Brown County and the DA in Milwaukee County
must each assign one assistant DA to be an SVP commitment prosecutor. Those assistant
DAs may file and prosecute SVP commitment proceedings in any prosecutorial unit in the
state.
The bill specifies that if an assistant DA prosecutes or assists in the prosecution
of an SVP case in another prosecutorial unit, the unit in which the case is heard must
reimburse the assistant DA's own unit for his or her reasonable costs associated with the
prosecution, including transportation, lodging, and meals. [Section 54]
Other Items
The bill also provides that:
1. Notwithstanding the normal process for gaining personal jurisdiction in a
judicial proceeding, a court may exercise personal jurisdiction over the subject of an SVP
petition even though the person is not served under the normal process with a verified
petition and summons or served with an order for detention and the person has not had
a probable cause hearing. [Section 92
]
2. A motion for post-commitment relief by an SVP or an appeal from a final order
or from an order denying a motion for post-commitment relief will follow criminal
appellate procedure. An appeal by the state from a final judgment or order will follow the
procedure for civil appeals. [Section 92]
3. Constitutional rights available to a defendant in a criminal proceeding are not
necessarily available to the person who is the subject to a commitment petition. [Section
99]
Significant changes to, or additions to, current law are also explained in Notes
following the statutory provision or provisions affected by the bill.
SB318, s. 1
1Section
1. 20.435 (2) (bj) of the statutes is amended to read:
SB318,12,82
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.,
s. 980.08 (5), 2003 stats., or
6s. 971.17 (3) (d) or (4) (e) or
980.08 (5) 980.07 (7), for which the department has
7contracted with county departments under s. 51.42 (3) (aw) 1. d., with other public
8agencies, or with private agencies to provide the treatment and services.
SB318, s. 2
9Section
2. 46.10 (2) of the statutes is amended to read:
SB318,13,2310
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
1supplies provided by any institution in this state including University of Wisconsin
2Hospitals and Clinics, in which the state is chargeable with all or part of the person's
3care, maintenance, services and supplies, any person receiving care and services
4from a county department established under s. 51.42 or 51.437 or from a facility
5established under s. 49.73, and any person receiving treatment and services from a
6public or private agency under s. 980.06 (2) (c), 1997 stats.,
s. 980.08 (5), 2003 stats., 7or s. 971.17 (3) (d) or (4) (e) or
980.08 (5) 980.07 (7) and the person's property and
8estate, including the homestead, and the spouse of the person, and the spouse's
9property and estate, including the homestead, and, in the case of a minor child, the
10parents of the person, and their property and estates, including their homestead,
11and, in the case of a foreign child described in s. 48.839 (1) who became dependent
12on public funds for his or her primary support before an order granting his or her
13adoption, the resident of this state appointed guardian of the child by a foreign court
14who brought the child into this state for the purpose of adoption, and his or her
15property and estate, including his or her homestead, shall be liable for the cost of the
16care, maintenance, services and supplies in accordance with the fee schedule
17established by the department under s. 46.03 (18). If a spouse, widow or minor, or
18an incapacitated person may be lawfully dependent upon the property for their
19support, the court shall release all or such part of the property and estate from the
20charges that may be necessary to provide for those persons. The department shall
21make every reasonable effort to notify the liable persons as soon as possible after the
22beginning of the maintenance, but the notice or the receipt thereof is not a condition
23of liability.
SB318, s. 3
24Section
3
. 48.396 (1) of the statutes is amended to read:
SB318,14,20
148.396
(1) Law enforcement officers' records of children shall be kept separate
2from records of adults. Law enforcement officers' records of the adult expectant
3mothers of unborn children shall be kept separate from records of other adults. Law
4enforcement officers' records of children and the adult expectant mothers of unborn
5children shall not be open to inspection or their contents disclosed except under sub.
6(1b), (1d)
or, (5)
, or (6) or s. 48.293 or by order of the court. This subsection does not
7apply to the representatives of newspapers or other reporters of news who wish to
8obtain information for the purpose of reporting news without revealing the identity
9of the child or expectant mother involved, to the confidential exchange of information
10between the police and officials of the school attended by the child or other law
11enforcement or social welfare agencies or to children 10 years of age or older who are
12subject to the jurisdiction of the court of criminal jurisdiction. A public school official
13who obtains information under this subsection shall keep the information
14confidential as required under s. 118.125 and a private school official who obtains
15information under this subsection shall keep the information confidential in the
16same manner as is required of a public school official under s. 118.125. A law
17enforcement agency that obtains information under this subsection shall keep the
18information confidential as required under this subsection and s. 938.396 (1). A
19social welfare agency that obtains information under this subsection shall keep the
20information confidential as required under ss. 48.78 and 938.78.
SB318, s. 4
21Section
4. 48.396 (5) (a) (intro.) of the statutes is amended to read:
SB318,14,2522
48.396
(5) (a) (intro.) Any person who is denied access to a record under sub.
23(1), (1b)
or, (1d)
, or (6) may petition the court to order the disclosure of the records
24governed by the applicable subsection. The petition shall be in writing and shall
25describe as specifically as possible all of the following:
SB318, s. 5
1Section
5
. 48.396 (6) of the statutes is created to read:
SB318,15,132
48.396
(6) Records of law enforcement officers and of the court assigned to
3exercise jurisdiction under this chapter and ch. 938 shall be open for inspection to
4authorized representatives of the department of corrections, the department of
5health and family services, the department of justice, or a district attorney for use
6in the prosecution of any proceeding or any evaluation conducted under ch. 980, if
7the records involve or relate to an individual who is the subject of the proceeding or
8evaluation. The court in which the proceeding under ch. 980 is pending may issue
9any protective orders that it determines are appropriate concerning information
10made available or disclosed under this subsection. Any representative of the
11department of corrections, the department of health and family services, the
12department of justice, or a district attorney may disclose information obtained under
13this subsection for any purpose consistent with any proceeding under ch. 980.
Note: Creates a new provision [s. 48.396 (6)] relating to confidentiality of certain
records. Current law provides that the following records are confidential and may be
disclosed only to persons and entities specified in the statutes: (1) juvenile court records;
(2) law enforcement records relating to juveniles; (3) pupil records; and (4) reports of child
abuse and neglect. Under current law: (1) the files and records of mental health court
proceedings are closed but are accessible to any person who is the subject of a petition for
involuntary commitment or other petition under ch. 51, stats. (the mental health act);
and (2) patient health care records are confidential and may be released upon request
without informed consent only under specified conditions.
Under new s. 48.396 (6):
1. Juvenile court records and law enforcement records relating to juveniles are
open for inspection to authorized representatives of DOC, DHFS, DOJ, or a DA for use
in the prosecution of any SVP proceeding or any evaluation conducted under ch. 980, if
the records involve or relate to an individual who is the subject of or who is being
evaluated for an SVP proceeding.
2. The court in which the proceeding is pending may issue any protective orders
that it determines are appropriate concerning information that is made available or
disclosed under this provision.
3. Any representative of DOC, DHFS, DOJ, or a DA may disclose information
obtained under this provision for any purpose consistent with any SVP proceeding.
SB318, s. 6
14Section
6
. 48.78 (2) (e) of the statutes is created to read:
SB318,16,12
148.78
(2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose
2information to authorized representatives of the department of corrections, the
3department of health and family services, the department of justice, or a district
4attorney for use in the prosecution of any proceeding or any evaluation conducted
5under ch. 980, if the information involves or relates to an individual who is the
6subject of the proceeding or evaluation. The court in which the proceeding under ch.
7980 is pending may issue any protective orders that it determines are appropriate
8concerning information made available or disclosed under this paragraph. Any
9representative of the department of corrections, the department of health and family
10services, the department of justice, or a district attorney may disclose information
11obtained under this paragraph for any purpose consistent with any proceeding under
12ch. 980.
Note: Makes specified juvenile records accessible in SVP proceedings as described
in the Note to Section
5.
SB318, s. 7
13Section
7
. 48.981 (7) (a) 8s. of the statutes is created to read:
SB318,17,214
48.981
(7) (a) 8s. Authorized representatives of the department of corrections,
15the department of health and family services, the department of justice, or a district
16attorney for use in the prosecution of any proceeding or any evaluation conducted
17under ch. 980, if the reports or records involve or relate to an individual who is the
18subject of the proceeding or evaluation. The court in which the proceeding under ch.
19980 is pending may issue any protective orders that it determines are appropriate
20concerning information made available or disclosed under this subdivision. Any
21representative of the department of corrections, the department of health and family
22services, the department of justice, or a district attorney may disclose information
1obtained under this subdivision for any purpose consistent with any proceeding
2under ch. 980.
Note: Makes juvenile records relating to abuse or neglect accessible in SVP
proceedings as described in the Note to Section 5.
SB318, s. 8
3Section
8. 51.30 (3) (a) of the statutes is amended to read:
SB318,17,64
51.30
(3) (a) Except as provided in pars. (b)
and, (bm), (c)
, and (d), the files and
5records of the court proceedings under this chapter shall be closed but shall be
6accessible to any individual who is the subject of a petition filed under this chapter.
SB318, s. 9
7Section
9. 51.30 (3) (b) of the statutes is amended to read:
SB318,17,138
51.30
(3) (b) An individual's attorney or guardian ad litem and the corporation
9counsel shall have access to the files and records of the court proceedings under this
10chapter without the individual's consent and without modification of the records in
11order to prepare for involuntary commitment or recommitment proceedings,
12reexaminations, appeals, or other actions relating to detention, admission, or
13commitment under this chapter or ch. 971
or, 975
, or 980.
SB318, s. 10
14Section
10
. 51.30 (3) (bm) of the statutes is created to read:
SB318,18,315
51.30
(3) (bm) Authorized representatives of the department of corrections, the
16department of health and family services, the department of justice, or a district
17attorney shall have access to the files and records of court proceedings under this
18chapter for use in the prosecution of any proceeding or any evaluation conducted
19under ch. 980, if the files or records involve or relate to an individual who is the
20subject of the proceeding or evaluation. The court in which the proceeding under ch.
21980 is pending may issue any protective orders that it determines are appropriate
22concerning information made available or disclosed under this paragraph. Any
23representative of the department of corrections, the department of health and family
1services, the department of justice, or a district attorney may disclose information
2obtained under this paragraph for any purpose consistent with any proceeding under
3ch. 980.
Note: Makes records under the mental health act accessible in SVP proceedings
as described in the Note to Section 5.
SB318, s. 11
4Section
11. 51.30 (4) (b) 8m. of the statutes is amended to read:
SB318,18,85
51.30
(4) (b) 8m. To appropriate examiners and facilities in accordance with s.
6971.17 (2) (e), (4) (c)
, and (7) (c)
, 980.03 (4) or 980.08 (3). The recipient of any
7information from the records shall keep the information confidential except as
8necessary to comply with s. 971.17
or ch. 980.
SB318, s. 12
9Section
12
. 51.30 (4) (b) 8s. of the statutes is created to read:
SB318,18,2010
51.30
(4) (b) 8s. To appropriate persons in accordance with s. 980.031 (4) and
11to authorized representatives of the department of corrections, the department of
12health and family services, the department of justice, or a district attorney for use
13in the prosecution of any proceeding or any evaluation conducted under ch. 980, if
14the treatment records involve or relate to an individual who is the subject of the
15proceeding or evaluation. The court in which the proceeding under ch. 980 is pending
16may issue any protective orders that it determines are appropriate concerning
17information made available or disclosed under this subdivision. Any representative
18of the department of corrections, the department of health and family services, the
19department of justice, or a district attorney may disclose information obtained under
20this subdivision for any purpose consistent with any proceeding under ch. 980.
Note: Creates a new provision [s. 51.30 (4) (b) 8s.], relating to registration and
treatment records under the mental health act. Current law specifies that:
1. Treatment records of an individual may be released without informed consent
under specified circumstances.
2. Regarding SVP proceedings, such records may be released to appropriate
examiners and facilities for the examination of an individual who is the subject of a
petition for commitment or for supervised release. The recipient of any information from
the records must keep the information confidential except as necessary to comply with
the provisions of the chapter relating to SVP commitments.
3. The records may be released to DOJ or a DA for a commitment petition if the
treatment records are maintained by the agency that has custody or control over the
person who is the subject of the petition.
The bill permits treatment records to be disclosed to a physician, psychologist, or
other mental health professional retained by a party or appointed by the court to examine
a person under the chapter relating to SVP commitments or to authorized
representatives of DOC, DHFS, DOJ, or a DA for use in the prosecution of any SVP
proceeding or any evaluation conducted under ch. 980, with the same limitations as
provided for other confidential records, as described above.
SB318, s. 13
1Section
13. 51.30 (4) (b) 10m. of the statutes is amended to read:
SB318,19,62
51.30
(4) (b) 10m. To the department of justice or a district attorney under s.
3980.015 (3) (b), if the treatment records are maintained by an agency with
4jurisdiction, as defined in s.
980.015 (1) 980.01 (1) (d), that has control or custody over
5a person who may meet the criteria for commitment as a sexually violent person
6under ch. 980.
SB318, s. 14
7Section
14. 51.30 (4) (b) 11. of the statutes is amended to read: