2015 - 2016 LEGISLATURE
November 10, 2015 - Introduced by Representatives Born, Tittl, Jagler, Kremer,
T. Larson, Murphy, J. Ott, Skowronski, Swearingen, Vorpagel, Quinn and
Bernier, cosponsored by Senators Wanggaard, S. Fitzgerald, Gudex and
Moulton. Referred to Committee on Corrections.
1An Act to renumber and amend
980.08 (4) (f); and to create
980.01 (1e), 980.01 2
(1g), 980.01 (2m), 980.01 (3m), 980.01 (11), 980.08 (4) (em), 980.08 (4) (f) 2., 3
980.08 (4) (f) 3. and 980.08 (4) (f) 4. of the statutes; relating to: residency
4requirements for sexually violent persons on supervised release.
Analysis by the Legislative Reference Bureau
This bill makes changes to the procedure for releasing certain violent sex
offenders into the community. Under current law, a person who commits certain sex
offenses may be involuntarily committed as a sexually violent person to the
Department of Health Services (DHS) for control, care, and treatment. If a person
is committed and placed in institutional care, the person may periodically petition
the court for supervised release. If a court determines that supervised release is
appropriate, the court authorizes the person, the person's attorney, the district
attorney, any law enforcement agency in the county of intended placement, and any
local governmental unit in the county of intended placement to submit to DHS
prospective residential options for community placement. Current law requires
DHS and the county in which the person is to be placed to prepare a plan that
identifies potential sites for the person to reside, taking into consideration the
This bill requires DHS to consult with a local law enforcement agency that has
jurisdiction over any prospective residential option identified by DHS or the county
and to request the law enforcement agency to submit a written report that provides
information on the prospective residential option. The bill requires DHS to take into
consideration the written report of the law enforcement agency to determine where
the victims of the person live, and to ensure that any potential residential placement
of the person meets certain guidelines.
Under the bill, no sexually violent person generally may be placed in a
residence within 1,500 feet of any school, child care facility, youth center, place of
worship, or public park. If the person committed a sexually violent offense against
a child, he or she may not be placed in a residence in a property adjacent to a property
where a child resides. If the person committed a sexually violent offense against an
elderly or disabled person, he or she may not be placed in a residence within 1,500
feet of a nursing home or other assisted living facility.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
980.01 (1e) of the statutes is created to read:
"Assisted living facility" has the meaning given in s. 101.123 (1) 3
980.01 (1g) of the statutes is created to read:
"Child care facility" means a child care facility that is operated by 6
a person licensed under s. 48.65 or certified under s. 48.651 or that is established or 7
contracted for under s. 120.13 (14).
980.01 (2m) of the statutes is created to read:
"Nursing home" has the meaning given in s. 50.01 (3).
980.01 (3m) of the statutes is created to read:
"School premises" has the meaning given in s. 948.61 (1) (c).
980.01 (11) of the statutes is created to read:
"Youth center" means any center that provides, on a regular basis, 14
recreational, vocational, academic, or social services activities for persons younger 15
than 18 years old or for those persons and their families.
980.08 (4) (em) of the statutes is created to read:
(em) The department shall consult with a local law enforcement 2
agency having jurisdiction over any prospective residential option identified under 3
par. (e) and shall request the law enforcement agency to submit a written report that 4
provides information relating to the prospective residential option.
980.08 (4) (f) of the statutes is renumbered 980.08 (4) (f) (intro) and 6
amended to read:
(f) (intro.) The court shall direct the department to use any 8
submissions under par. (d), the report submitted under par. (e), or any report
9submitted under par. (em), and
other residential options identified by the 10
department to prepare a supervised release plan for the person. The department
11shall search its victim database, and consult with the office of victim services in the
12department of corrections, the department of justice, and the county coordinator of
13victims and witnesses services in the county of intended placement, the county
14where the person was convicted, and the county of commitment to determine the
15identity and location of known and registered victims of the person's acts.
department shall prepare a supervised release plan that identifies the proposed 17
residence. The supervised release plan shall be submitted to the court within 90 days
18of the finding under par. (cg). The court may grant extensions of this time period for
19good cause. The
plan shall address do all of the following:
the person's need, if any, for supervision, counseling, medication, 21
community support services, residential services, vocational services, and alcohol or 22
other drug abuse treatment. The supervised release plan shall be submitted to the
23court within 90 days of the finding under par. (cg). The court may grant extensions
24of this time period for good cause.
980.08 (4) (f) 2. of the statutes is created to read:
(f) 2. Ensure that the person's placement is into a residence that is 2
not less than 1,500 feet from any school premises, child care facility, public park, 3
place of worship, or youth center.
980.08 (4) (f) 3. of the statutes is created to read:
(f) 3. If the person committed a sexually violent offense against an 6
adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 7
(1) (br), ensure that the person's placement is into a residence that is not less than 8
1,500 feet from a nursing home or an assisted living facility.
980.08 (4) (f) 4. of the statutes is created to read:
(f) 4. If the person is a serious child sex offender, ensure that the 11
person's placement is into a residence that is not on a property adjacent to a property 12
where a child's primary residence exists. For the purpose of this subdivision, 13
adjacent properties are properties that share a property line without regard to a 14
public or private road if the living quarters on each property are not more than 1,500 15
(1) This act first applies to petitions for release that are made on the effective 18
date of this subsection.