SECTION 11. 301.48 (2) (b) (intro.) and 1. of the statutes, as created by 2005 Wisconsin Act 431, are consolidated, renumbered 301.48 (2) (bg) and amended to read:
301.48 (2) (bg) The Except as provided in sub. (7), as a condition of supervised release, the department shall maintain lifetime tracking of have a person tracked using a global positioning system tracking device if any of the following occurs with respect to the person, on or after July 1, 2007: 1. A January, 1, 2008, a court places the person on supervised release under s. 980.08 (6m).
SECTION 12. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 13. 301.48 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 301.48 (2) (br) and amended to read:
301.48 (2) (br) The Except as provided in sub. (6) or (7), as a condition of parole, the department shall have a person tracked using a global positioning system tracking device if, on or after January 1, 2008, the department of health and family services places the person on parole or discharges the person under ch. 975. This subdivision paragraph does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.
SECTION 14. 301.48 (2) (c) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (2) (c) (intro.) The Except as provided in sub. (6) or (7), the department shall have a person tracked using a global positioning system tracking device if all of the following apply:
SECTION 15. 301.48 (2) (c) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:
301.48 (2) (c) 2. On or after January 1, 2008, the department begins supervision of the person under s. 302.25.
SECTION 16. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole, or lifetime supervision for committing a sex offense and par. (a) (b) (ag), (ar), (bg), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.
SECTION 17. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 18. 301.48 (3) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) (intro.) Except as provided in sub. (2m), the The department shall implement a continuous global positioning tracking system tracking to electronically monitor record the whereabouts of persons who are subject to this section. The system shall do all of the following:
SECTION 19. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide allows instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored tracked, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).
SECTION 20. 301.48 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) 3. Immediately alert Allow the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone to receive an immediate alert if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.
SECTION 21. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services and passive positioning system tracking services for purposes of this section.
SECTION 22. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) s. 980.08 (9).
SECTION 23. 301.48 (4) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (a) 1. The cost of global positioning system tracking or passive positioning system tracking for the person.
SECTION 24. 301.48 (4) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (gk).
SECTION 25. 301.48 (4) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) (am) or (bg) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b). The department shall collect moneys paid by the department of health and family services under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (kx).
SECTION 26. 301.48 (6) (title), (a), (b), (c), (d) 1. and 2., (e), (f), (g), (h) and (i) of the statutes, as created by 2005 Wisconsin Act 431, are amended to read:
301.48 (6) (title) OFFENDER'S PETITION TO TERMINATE LIFETIME TRACKING. (a) Subject to par. (b), a person who is subject to lifetime tracking being tracked under this section may file a petition requesting that lifetime termination of the tracking be terminated. A person shall file a petition requesting termination of lifetime tracking with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect.
(b) 1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.
2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.
3. A person described in sub. (2) (b) (bg) may not file a petition requesting termination of lifetime tracking.
(c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.
(d) 1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.
2. If the report indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (f), and shall schedule a hearing on the petition to be conducted as provided under par. (g).
(e) A person filing a petition requesting termination of lifetime tracking who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime tracking is a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (g). The person petitioning for termination of lifetime tracking shall pay the cost of an examination required under this paragraph.
(f) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime tracking. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person's conduct while on lifetime tracking and an opinion as to whether lifetime tracking of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (g), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.
(g) A hearing on a petition requesting termination of lifetime tracking may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime tracking should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney may offer evidence relevant to the issue of the person's dangerousness and the continued need for lifetime tracking.
(h) The court may grant a petition requesting termination of lifetime tracking if it determines after a hearing under par. (g) that lifetime tracking is no longer necessary to protect the public.
(i) If a petition requesting termination of lifetime tracking is denied after a hearing under par. (g), the person may not file a subsequent petition requesting termination of lifetime tracking until at least 5 years have elapsed since the most recent petition was denied.
SECTION 27. 301.48 (7) (title) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (title) DEPARTMENT'S PETITION TO TERMINATE LIFETIME TRACKING.
SECTION 28. 301.48 (7) (a) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (a) The department may file a petition requesting that a person's lifetime tracking be terminated person no longer be tracked using a global positioning system tracking device if the person is permanently physically incapacitated. The petition shall include affidavits from 2 physicians that explain the nature of the person's permanent physical incapacitation department determines that tracking is no longer necessary to protect the public.
SECTION 29. 301.48 (7) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (b) 1. The department shall file a petition under par. (a) with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect or, in the case of a person described in sub. (2) (b) (bg), the circuit court for the county in which the person was found to be a sexually violent person.
2. The department shall send a copy of a petition filed under subd. 1. to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking or, in the case of a person described in sub. (2) (b) (bg), the agency that filed the petition under s. 980.02.
SECTION 30. 301.48 (7) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (c) Upon its own motion or upon the motion of the party to whom the petition was sent under par. (b) 2., the court may order that the person to whom the petition relates be examined by a physician, or a psychologist licensed under ch. 455, who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person is permanently physically incapacitated a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the department and the party to whom the petition was sent under par. (b) 2. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (d). The department shall pay the cost of an examination required under this paragraph.
SECTION 31. 301.48 (7) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (d) The court shall conduct a hearing on a petition filed under par. (b) 1., but if the court has ordered a physical an examination under par. (c), the hearing may not occur until after the examination is complete and a report of the examination has been filed as provided under par. (c). At the hearing, the court shall take evidence it considers relevant to determining whether the person to whom the petition relates is permanently physically incapacitated so that he or she is not would be a danger to the public if not tracked under this section using a global positioning system tracking device. The department and the party to whom the petition was sent under par. (b) 2. may offer relevant evidence regarding that issue.
SECTION 32. 301.48 (7) (e) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (e) The court may grant a petition filed under par. (b) 1. if it determines after a hearing under par. (d) that the person to whom the petition relates is permanently physically incapacitated so that he or she is would not be a danger to the public if not tracked under this section using a global positioning system tracking device.
SECTION 33. 301.48 (8) (title) of the statutes is created to read:
301.48 (8) (title) TRACKING OPTIONS IF RELATIVE.
SECTION 34. 301.48 (8) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (8) (b) Notwithstanding sub. (2), the department may terminate a person's lifetime tracking after 10 years or (7), if a person is subject to being tracked under this section and if the victim of the serious child sex offense for which the person is being tracked is a relative of the person being tracked, the department may decide not to track the person if the department determines the person would not be a danger to the public if not tracked.
SECTION 35. 980.08 (9) of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 980.08 (9) (a).
SECTION 36. 980.08 (9) (b) of the statutes is created to read:
980.08 (9) (b) The department of corrections may contract for the escort services under par. (a).
SECTION 9409. Effective dates; Corrections.
(1) SUPERVISION OF PERSONS ON SUPERVISED RELEASE. The renumbering of section 980.08 (9) of the statutes and the creation of section 980.08 (9) (b) of the statutes take effect on July 1, 2007.
(2) GPS TRACKING. The treatment of sections 301.48 (1) (b), (d), and (dm), (2) (a) (intro.), 1., 2., 3., 4., and 5., (ag), (b) (intro.), 1., 2, and 3., (c) (intro.) and 2., and (d), (2m), (3) (a) (intro.) 1., 3., (b), and (c), (4) (a) 1., (b), and (c), (6) (title), (a), (b), (c), (d) 1. and 2., (e), (f), (g), (h), and (i), (7) (title), (a), (b), (c), (d), and (e), and (8) (title) and (b) of the statutes takes effect on July 1, 2007.
(End)
LRB-1185LRB-1185/2
PJH:jld:pg
2007 - 2008 LEGISLATURE
DOA:......Steinmetz, BB0242 - Ninety-day sanctions
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
corrections
Adult correctional system
Under current law, DOC may house, for up to 90 days, a person released to extended supervision in a regional detention facility or, with the approval of the sheriff, in a county jail.
This bill allows DOC to house, for up to 90 days, a person released to extended supervision in any DOC facility, county jail, Huber facility, or work camp.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 302.113 (8m) (b) of the statutes is amended to read:
302.113 (8m) (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a facility owned or operated by the department, in a regional detention facility or, with the approval of the sheriff, in a county jail, in a Huber facility under s. 303.09, or in a work camp under s. 303.10. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.
(End)
LRB-1188LRB-1188/3
PG&TKK:wlj&lmk:jf
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0246 - Grants for master educators
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Current law directs DPI to award a grant to any person who is certified by the National Board for Professional Teaching Standards, licensed by DPI as a teacher or employed as a teacher in a private school, and employed as a teacher in this state.
This bill provides that a teacher who is licensed by DPI as a master educator is also eligible for the grant. This provision is effective retroactively to July 1, 2005. Prospectively, the bill doubles the amount of the grant if the recipient is employed in a school in which at least 60 percent of the pupils are eligible for a free or reduced-price lunch under the federal school lunch program.
