2013 - 2014 LEGISLATURE
February 18, 2013 - Introduced by
Joint Legislative Council. Referred to
Committee on Criminal Justice.
1An Act to repeal
980.075 (title), (1), (1m) (b) and (2); to renumber
980.07 (6); 2to renumber and amend
980.075 (1m) (a), 980.075 (3), 980.075 (5), 980.075 3
(6) and 980.08 (3); to consolidate, renumber and amend
980.075 (4) (a) and 4
(b); to amend
980.01 (3), 980.01 (8), 980.065 (1r), 980.07 (1), 980.07 (4) (b), 5
980.07 (6m), 980.08 (1), 980.08 (4) (a), 980.08 (4) (cg) 1., 980.08 (9) (a), 980.09 6
(1), 980.09 (2) and (3), 980.09 (4) and 980.095 (1) (a); and to create
980.08 (2m), 7
980.08 (4) (cj), 980.09 (1m) (d) and 980.09 (5) of the statutes; relating to:
8criteria for supervised release from commitment as sexually violent persons,
9placement of females committed as sexually violent persons, permitted outings
1under direct supervision for individuals on supervised release, and supervised
2release and discharge of individuals committed as sexually violent persons.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Supervised Release and Discharge of
Sexually Violent Persons.
Chapter 980 of the Wisconsin statutes provides a statutory scheme for the
involuntary civil commitment of individuals who have completed their criminal
sentences and are determined to be "sexually violent persons." In general, a sexually
violent person (SVP) is an individual who has been convicted of a sexually violent offense
and who is dangerous because he or she suffers from a mental disorder that makes it
likely the individual will engage in future acts of sexual violence. Current law contains
provisions for the discharge or supervised release of individuals committed under ch. 980.
This draft makes various changes to the discharge and supervised release
provisions of ch. 980. These changes include the following:
• Assigning the burden of proof regarding supervised release criteria to the
• Extending the timelines within which a court must hold a supervised release
hearing or discharge trial.
• Altering the pleading requirement a petitioner must meet before receiving a
• Repealing parts of s. 980.075, stats., relating to the supervised release and
discharge petition process, and renumbering certain provisions to the statutory sections
specifically relating to supervised release and discharge.
• Requiring a court to make a supervised release determination after denying
discharge at a discharge trial.
• Requiring a delay of up to 10 days in the execution of a court order granting
discharge to a committed individual.
• Altering the criteria which a committed person must meet before a court may
grant supervised release.
• Expanding the list of activities for which a committed person on supervised
release may leave his or her residence under direct supervision of a department of
corrections (DOC) escort.
980.01 (3) of the statutes is amended to read:
980.01 (3) Except in ss. 980.075, 980.09, and 980.095, "petitioner" "Petitioner" 2
means the agency or person that filed a petition under s. 980.02.
Note: Part of s. 980.075 is repealed in this bill and parts are renumbered to be parts
of s. 980.07, but the only instance of "petitioner" in s. 980.075 was changed to "person."
See Section 11
. Section 980.09 contains one occurrence of "petitioner"; this bill changes
it to "person" for consistency. See Section 24. Section 980.095 contains one occurrence
of "petitioner"; this bill changes it to "person" to be consistent and to eliminate any
confusion since that statutory section also discusses the petition under s. 980.02. See
980.01 (8) of the statutes is amended to read:
"Significant progress in treatment" means that the person has done 5is doing
all of the following:
(a) Meaningfully participated participating
in the treatment program 7
specifically designed to reduce his or her risk to reoffend offered at a facility described 8
under s. 980.065.
(b) Participated Participating
in the treatment program at a level that was is 10
sufficient to allow the identification of his or her specific treatment needs and then
, through overt behavior, a willingness to work on 12
addressing the specific treatment needs.
(c) Demonstrated Demonstrating
an understanding of the thoughts, attitudes, 14
emotions, behaviors, and sexual arousal linked to his or her sexual offending and an 15
ability to identify when the thoughts, emotions, behaviors, or sexual arousal occur.
(d) Demonstrated Demonstrating
sufficiently sustained change in the 17
thoughts, attitudes, emotions, and behaviors and sufficient management of sexual 18
arousal such that one could reasonably assume that, with continued treatment, the 19
change could be maintained.
Note: Revises the definition of "significant progress in treatment" to specify that
the individual must be participating in treatment programs at a sufficient level and
demonstrating the requisite behavior, understanding, and changes, rather than
specifying that the individual has already participated in the treatment or has already
demonstrated these behaviors, understandings, and changes.
Under current law, a committed individual must meet 5 specified criteria before a
court may grant him or her supervised release. One of the criteria requires that the
individual has made "significant progress in treatment" and that the progress can be
sustained while on supervised release. Because the draft revises the definition of
"significant progress in treatment", a committed individual must currently be engaged
in or working towards the requirements set forth in the definition to meet the criterion
for supervised release. Corresponding revisions are made in Sections 5 and 18.
980.065 (1r) of the statutes is amended to read:
Notwithstanding sub. (1m), the department may place a female 3
person committed under s. 980.06 at Mendota Mental Health Institute,
4Women's Resource Center,
Winnebago Mental Health Institute, or a privately 5
operated residential facility under contract with the department of health services.
Note: Expands the list of facilities at which DHS may place a female committed
as an SVP to include the Wisconsin Women's Resource Center.
980.07 (1) of the statutes is amended to read:
If a person is committed under s. 980.06 and has not been discharged 8
under s. 980.09 (4), the department shall appoint an examiner to conduct a 9
reexamination of the person's mental condition within 12 months after the date of 10
the initial commitment order under s. 980.06 and again thereafter at least once each 11
12 months to determine whether the person has made sufficient progress for the 12
court to consider whether the person should be placed on supervised release or 13
discharged. The examiner shall apply the criteria under s. 980.08 (4) (cg) when 14
considering if the person should be placed on supervised release and shall apply the 15
criteria under s. 980.09 (3) when considering if the person should be discharged. At 16
the time of a reexamination under this section, the person who has been committed
17may retain or have the
appoint an examiner as provided under s. 980.031 18
(3) upon request of the committed person or the person may retain an examiner
county shall pay the costs of an examiner appointed by the court as provided under 2
s. 51.20 (18) (a).
Note: Clarifies that a court must appoint an examiner for the committed person
if the person requests an examiner at the time of the 12-month reexamination. Removes
ambiguity regarding whether a court may choose not to appoint an examiner when a
committed person requests an examiner.
980.07 (4) (b) of the statutes is amended to read:
(b) Whether the person has made is making
significant progress in 5
treatment or has refused treatment.
Note: This change corresponds with the revision in Section 2.
980.07 (6) of the statutes is renumbered 980.07 (6) (a).
Note: This bill renumbers 980.075 (1m) (a) to 980.07 (6) (b); see Section 9
980.07 (6m) of the statutes is amended to read:
If a person committed under s. 980.06 is incarcerated at a county 9
jail, state correctional institution, or federal correction institution for a new criminal 10
charge or conviction or because his or her parole was revoked, any reporting 11
requirement under sub. (1), (4), or (6) (a)
does not apply during the incarceration 12
period. A court may order a reexamination of the person under sub. (3) if the courts 13
finds reexamination to be necessary. The schedule for reporting established under 14
sub. (1) shall resume upon the release of the person.
****Note: This bill renumbers s. 980.07 (6) to be 980.07 (6) (a). See Section 6
980.075 (title), (1), (1m) (b) and (2) of the statutes are repealed.
Note: This bill relocates portions of s. 980.075 into ss. 980.07 and 980.09, stats.,
as described in the notes appearing beneath Sections 9, 10
, 11, 12
, and 13. This draft also
adds identical language from s. 980.075 to s. 980.08. See the note following Section 15
Portions of s. 980.075, patient petition process, which this bill repeals and does not
relocate to other portions of the chapter appear in s. 980.075 (2), stats., and contain the
following: (1) a 30-day deadline for submitting a supervised release or discharge petition
that may conflict with more specific deadlines appearing within s. 980.08 and 980.09,
stats; and (2) language stating that a person remains committed or remains on
supervised release without court review if the person does not file a timely discharge
980.075 (1m) (a) of the statutes is renumbered 980.07 (6) (b) and 2
amended to read: