AB383,60,137 230.81 (2) Nothing in this section prohibits an employee from disclosing
8information to an appropriate law enforcement agency, a state or federal district
9attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
10grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or
11disclosing information pursuant to any subpoena issued by any person authorized
12to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
13disclosure under this section and is protected under s. 230.83.
AB383,123 14Section 123. 251.16 of the statutes is amended to read:
AB383,60,16 15251.16 Local health department; evidence. The reports and employees of
16a local health department are subject to s. 970.03 (12) (b) 971.75 (7) (b).
AB383,124 17Section 124. 252.11 (5m) of the statutes is amended to read:
AB383,60,2318 252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a),
19acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may,
20without first obtaining informed consent to the testing, subject an individual to a test
21or a series of tests to ascertain whether that individual is infected with a sexually
22transmitted disease. No sample used for performance of a test under this subsection
23may disclose the name of the test subject.
AB383,125 24Section 125. 252.11 (7) of the statutes is amended to read:
AB383,61,10
1252.11 (7) Reports, examinations, and inspections and all records concerning
2sexually transmitted diseases are confidential and not open to public inspection, and
3may not be divulged except as may be necessary for the preservation of the public
4health, in the course of commitment proceedings under sub. (5), or as provided under
5s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced
6practice nurse prescriber has reported a case of sexually transmitted disease to the
7department under sub. (4), information regarding the presence of the disease and
8treatment is not privileged when the patient, physician, physician assistant, or
9advanced practice nurse prescriber is called upon to testify to the facts before any
10court of record.
AB383,126 11Section 126. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
12amended to read:
AB383,61,1713 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an
14order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5).
15No sample used for laboratory test purposes under this subdivision may disclose the
16name of the HIV test subject, and the HIV test results may not be made part of the
17individual's permanent medical record.
AB383,61,21 18(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
19(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
20under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person
21under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).
AB383,61,25 22(4) (c) A record of the results of an HIV test administered to the person, except
23that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
24(5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not
25be maintained without the consent of the test subject.
AB383,127
1Section 127. 301.03 (3c) of the statutes is amended to read:
AB383,62,62 301.03 (3c) If requested by the department of health services, contract with
3that department to supervise and provide services to persons who are conditionally
4transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17
5(3)
975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997
6stats., or s. 980.08.
AB383,128 7Section 128. 301.03 (7m) of the statutes is amended to read:
AB383,62,118 301.03 (7m) Supervise criminal defendants accepted into the custody of the
9department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall
10charge the county that is prosecuting the defendant a fee for providing this
11supervision. The department shall set the fee by rule.
AB383,129 12Section 129. 301.035 (2) of the statutes is amended to read:
AB383,62,1513 301.035 (2) Assign hearing examiners from the division to preside over
14hearings under s. 975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9),
15938.357 (5), and 973.10 and 975.10 (2) , and ch. 304.
AB383,130 16Section 130. 301.035 (4) of the statutes is amended to read:
AB383,62,2017 301.035 (4) Supervise employees in the conduct of the activities of the division
18and be the administrative reviewing authority for decisions of the division under s.
19975.10 (2), 2011 stats.,
ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and
20973.155 (2) and 975.10 (2), and ch. 304.
AB383,131 21Section 131. 301.45 (1g) (c) of the statutes is amended to read:
AB383,62,2422 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease
23or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17
24subch. III of ch. 975 for a sex offense.
AB383,132 25Section 132. 301.45 (1g) (d) of the statutes is amended to read:
AB383,63,3
1301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35
2(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
3December 25, 1993, for a sex offense.
AB383,133 4Section 133. 301.45 (1g) (dd) of the statutes is amended to read:
AB383,63,85 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
6(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
7December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to
8commit a violation, of a law of this state that is comparable to a sex offense.
AB383,134 9Section 134. 301.45 (1g) (dp) of the statutes is amended to read:
AB383,63,1110 301.45 (1g) (dp) Is in institutional care under, or on parole from, a commitment
11for specialized treatment under ch. 975, 2011 stats., on or after December 25, 1993.
AB383,135 12Section 135. 301.45 (1g) (e) of the statutes is amended to read:
AB383,63,1513 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
14(am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with
15the reporting requirements under this section.
AB383,136 16Section 136. 301.45 (1m) (b) of the statutes is amended to read:
AB383,63,2417 301.45 (1m) (b) If a person believes that he or she is not required under par.
18(a) to comply with the reporting requirements under this section and the person is
19not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048,
20or 975.54 (3)
, the person may move a court to make a determination of whether the
21person satisfies the criteria specified in par. (a). A motion made under this
22paragraph shall be filed with the circuit court for the county in which the person was
23convicted, adjudicated delinquent or found not guilty or not responsible by reason of
24mental disease or defect.
AB383,137 25Section 137. 301.45 (1m) (be) of the statutes is amended to read:
AB383,64,8
1301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
22m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
3requesting a determination of whether the person is required to comply with the
4reporting requirements under this section shall send a copy of the motion to the
5district attorney for the county in which the motion is filed. The district attorney
6shall make a reasonable attempt to contact the victim of the crime that is the subject
7of the person's motion to inform the victim of his or her right to make or provide a
8statement under par. (bv).
AB383,138 9Section 138. 301.45 (1m) (bm) of the statutes is amended to read:
AB383,64,1410 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person
11under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or
12973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is
13required to comply with the reporting requirements under this section. The district
14attorney who receives a copy of a motion under par. (be) may appear at the hearing.
AB383,139 15Section 139. 301.45 (1m) (bv) of the statutes is amended to read:
AB383,64,2316 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13)
17(ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
18requesting a determination of whether the person is required to comply with the
19reporting requirements under this section, the court shall allow the victim of the
20crime that is the subject of the motion to make a statement in court at the hearing
21under par. (bm) or to submit a written statement to the court. A statement under this
22paragraph must be relevant to whether the person satisfies the criteria specified in
23par. (a).
AB383,140 24Section 140. 301.45 (1m) (d) 1. of the statutes is amended to read:
AB383,65,7
1301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or
2s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or
3975.54 (3) (b)
requesting a determination of whether the person is required to comply
4with the reporting requirements under this section, a court may request the person
5to be examined by a physician, psychologist, or other expert approved by the court.
6If the person refuses to undergo an examination requested by the court under this
7subdivision, the court shall deny the person's motion without prejudice.
AB383,141 8Section 141. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
AB383,65,149 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who
10filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m)
11(b) 2m. or
973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and
12convincing evidence that he or she satisfies the criteria specified in par. (a). In
13deciding whether the person has satisfied the criterion specified in par. (a) 3., the
14court may consider any of the following:
AB383,142 15Section 142. 301.45 (1p) (b) of the statutes is amended to read:
AB383,66,616 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order
17that was entered under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 51.20 (13) (ct)
181m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or, 973.048 (1m), or
19975.54 (3) (a)
in connection with a violation, or the solicitation, conspiracy, or attempt
20to commit a violation, of s. 942.09, and the court provided in the order that the person
21be released from the requirement to comply with the reporting requirements under
22this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct)
231m. or the dispositional order under subch. VI of ch. 938, upon the termination or
24expiration of a commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3)
25(a)
, or upon successful completion of the sentence or probation as provided under s.

1973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of
2the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI
3of ch. 938, the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3)
4(a)
is terminated or expires, or the person successfully completes the sentence or
5probation, whichever is applicable, the person is no longer required to comply with
6the reporting requirements under this section.
AB383,143 7Section 143. 301.45 (3) (a) 3. of the statutes is amended to read:
AB383,66,138 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17
9subch. II of ch. 975, he or she is subject to this subsection upon being placed on
10conditional release under s. 971.17 975.57 (4) or 975.59 or on a conditional transfer
11under s. 51.35 (1) or, if he or she was not placed on conditional release or on a
12conditional transfer, before he or she is terminated under s. 971.17 (5) 975.60 or
13discharged under s. 51.35 (4) or 971.17 (6) 975.61.
AB383,144 14Section 144. 301.45 (3) (a) 3g. of the statutes is amended to read:
AB383,66,1915 301.45 (3) (a) 3g. If the person has been committed for specialized treatment
16under ch. 975, 2011 stats., he or she is subject to this subsection upon being released
17on parole under s. 975.10, 2011 stats., or, if he or she was not released on parole,
18before being discharged from the commitment under s. 975.09, 2011 stats., or s.
19975.12, 2011 stats.
AB383,145 20Section 145. 301.45 (3) (b) 3. of the statutes is amended to read:
AB383,66,2521 301.45 (3) (b) 3. The department of health services shall notify a person who
22is being placed on conditional release, supervised release, conditional transfer or
23parole, or is being terminated or discharged from a commitment, under s. 51.20, or
2451.35 or 971.17 or, subch. III of ch. 975, ch. 975, 2011 stats., or ch. 980 and who is
25covered under sub. (1g) of the need to comply with the requirements of this section.
AB383,146
1Section 146. 301.45 (5) (a) 3. of the statutes is amended to read:
AB383,67,72 301.45 (5) (a) 3. If the person has been committed to the department of health
3services under s. 51.20 or 971.17 subch. III of ch. 975 and is in institutional care or
4on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17
5975.57 (4) or 975.59 for a sex offense, 15 years after termination of the commitment
6for the sex offense under s. 971.17 (5) 975.60 or discharge from the commitment for
7the sex offense under s. 51.35 (4) or 971.17 (6) 975.61.
AB383,147 8Section 147. 301.45 (5) (a) 3m. of the statutes is amended to read:
AB383,67,119 301.45 (5) (a) 3m. If the person has been committed for specialized treatment
10under ch. 975, 2011 stats., 15 years after discharge from the commitment under s.
11975.09, 2011 stats., or s. 975.12 , 2011 stats.
AB383,148 12Section 148. 301.45 (5) (b) 3. of the statutes is amended to read:
AB383,67,1613 301.45 (5) (b) 3. The court that ordered the person to comply with the reporting
14requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17
15(1m) (b) or
973.048, or 975.54 (3) also ordered the person to comply with the
16requirements until his or her death.
AB383,149 17Section 149. 301.45 (6) (a) 2. a. of the statutes is amended to read:
AB383,67,2118 301.45 (6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
19(15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to
20comply with the reporting requirements under this section based on a finding that
21he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,150 22Section 150. 301.45 (6) (ag) 2. a. of the statutes is amended to read:
AB383,68,223 301.45 (6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
24(15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to

1comply with the reporting requirements under this section based on a finding that
2he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,151 3Section 151. 301.45 (6) (bm) of the statutes is amended to read:
AB383,68,124 301.45 (6) (bm) Subject to s. 971.19 970.14 (9), a district attorney or, upon the
5request of a district attorney, the department of justice may prosecute a knowing
6failure to comply with any requirement to provide information under subs. (2) to (4).
7If the department of corrections determines that there is probable cause to believe
8that a person has knowingly failed to comply with any requirement to provide
9information under subs. (2) to (4) or has intentionally violated sub. (4r), the
10department shall forward a certified copy of all pertinent departmental information
11to the applicable district attorney. The department shall certify the copy in
12accordance with s. 889.08.
AB383,152 13Section 152. 301.45 (7) (f) 4. of the statutes is amended to read:
AB383,68,1814 301.45 (7) (f) 4. If the person was ordered by a court under s. 971.17 (1m) (b)
151m., 2011 stats., or under s. 975.54 (3) (a) to comply with the reporting requirements
16under this section, when the department receives notice under s. 971.17 (6m) (b) 2.
17subch. III of ch. 975 that the commitment order under s. 971.17, 2011 stats., or under
18s. 975.54 (3) (a)
is terminated or has expired.
AB383,153 19Section 153. 301.46 (3) (d) of the statutes is amended to read:
AB383,68,2220 301.46 (3) (d) The department of health services shall provide the department
21with access to the names of victims or the family members of victims who have
22completed cards requesting notification under s. 971.17 (6m) 975.62 or 980.11.
AB383,154 23Section 154. 301.47 (3) (b) 1. of the statutes is amended to read:
AB383,69,224 301.47 (3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
25(15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to

1comply with the reporting requirements under s. 301.45 based on a finding that he
2or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,155 3Section 155. 301.48 (2) (a) 4. of the statutes is amended to read:
AB383,69,64 301.48 (2) (a) 4. A court that found the person not guilty of a serious child sex
5offense by reason of mental disease or mental defect places the person on conditional
6release.
AB383,156 7Section 156. 301.48 (2) (a) 5. of the statutes is amended to read:
AB383,69,118 301.48 (2) (a) 5. A court that found the person not guilty of a serious child sex
9offense by reason of mental disease or mental defect discharges the person under s.
10971.17 (6) 975.61. This subdivision does not apply if the person was on conditional
11release immediately before being discharged.
AB383,157 12Section 157. 301.48 (2) (b) 3. of the statutes is amended to read:
AB383,69,1613 301.48 (2) (b) 3. The department of health services places the person on parole
14or discharges the person under ch. 975, 2011 stats. This subdivision does not apply
15unless the person's commitment was based on his or her commission of a serious child
16sex offense.
AB383,158 17Section 158. 302.113 (9) (e) of the statutes is amended to read:
AB383,69,2118 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of
19hearings and appeals in the department of administration, the hearing examiner
20may order that a deposition be taken by audiovisual means and allow the use of a
21recorded deposition under s. 967.04 (7) to (10) 967.22.
AB383,159 22Section 159. 302.114 (9) (d) of the statutes is amended to read:
AB383,70,223 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of
24hearings and appeals in the department of administration, the hearing examiner

1may order that a deposition be taken by audiovisual means and allow the use of a
2recorded deposition under s. 967.04 (7) to (10) 967.22.
AB383,160 3Section 160. 304.06 (3) of the statutes is amended to read:
AB383,70,254 304.06 (3) Every paroled prisoner remains in the legal custody of the
5department unless otherwise provided by the department. If the department alleges
6that any condition or rule of parole has been violated by the prisoner, the department
7may take physical custody of the prisoner for the investigation of the alleged
8violation. If the department is satisfied that any condition or rule of parole has been
9violated it shall afford the prisoner such administrative hearings as are required by
10law. Unless waived by the parolee, the final administrative hearing shall be held
11before a hearing examiner from the division of hearings and appeals in the
12department of administration who is licensed to practice law in this state. The
13hearing examiner shall enter an order revoking or not revoking parole. Upon request
14by either party, the administrator of the division of hearings and appeals shall review
15the order. The hearing examiner may order that a deposition be taken by audiovisual
16means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.
17If the parolee waives the final administrative hearing, the secretary of corrections
18shall enter an order revoking or not revoking parole. If the examiner, the
19administrator upon review, or the secretary in the case of a waiver finds that the
20prisoner has violated the rules or conditions of parole, the examiner, the
21administrator upon review, or the secretary in the case of a waiver, may order the
22prisoner returned to prison to continue serving his or her sentence, or to continue on
23parole. If the prisoner claims or appears to be indigent, the department shall refer
24the prisoner to the authority for indigency determinations specified under s. 977.07
25(1).
AB383,161
1Section 161. 304.10 (1) (b) of the statutes is amended to read:
AB383,71,42 304.10 (1) (b) A certified copy of the court record entries, the indictment or
3information complaint, and any additional papers on file in the court, if obtainable,
4as the governor requires;
AB383,162 5Section 162. 322.0767 (1) (a) of the statutes is amended to read:
AB383,71,156 322.0767 (1) (a) If a person subject to a general court-martial is found to lack
7substantial mental capacity to understand the proceedings or assist in his or own
8defense and the military judge determined that the person is likely to become
9competent within the maximum period specified under s. 971.14 (5) (a) of
10commitment, as defined in s. 975.34 (6) (a)
, the court-martial convening authority
11for the person shall commit the person to the custody of the department of health
12services under as provided in s. 971.14 (5) 975.34 (7). If the military judge determines
13that the defendant is not likely to become competent in within the time maximum
14period specified under s. 971.14 (5) of commitment, the military judge shall suspend
15or terminate the general court-martial.
AB383,163 16Section 163. 322.0767 (1) (b) of the statutes is amended to read:
AB383,71,1917 322.0767 (1) (b) The department of health services shall submit all reports that
18are required under s. 971.14 (5) (b) 975.36 and that pertain to a person subject to a
19commitment order under par. (a) to the court-martial.
AB383,164 20Section 164. 322.0767 (1) (c) of the statutes is amended to read:
AB383,72,621 322.0767 (1) (c) Upon receiving a report under s. 971.14 (5) (b) 975.36, the
22court-martial shall make a determination as to whether the person has become
23competent. If the court-martial determines that the defendant has become
24competent, the court-martial shall terminate the commitment to the department of
25health services and resume the general court-martial. If the court-martial

1determines that the person is making sufficient progress toward becoming
2competent, the commitment shall continue. If the court-martial determines that the
3person is not likely to become competent to proceed in within the time maximum
4period specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6)
5(a)
, the court-martial shall suspend or terminate the commitment order under this
6subsection.
AB383,165 7Section 165. 322.0767 (1) (d) of the statutes is amended to read:
AB383,72,108 322.0767 (1) (d) If a person who has been restored to competency again becomes
9incompetent, the maximum commitment period under s. 971.14 (5) (a) of
10commitment
shall be as provided under s. 971.14 (5) (d) 975.36 (6).
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