2019 - 2020 LEGISLATURE
February 11, 2020 - Introduced by Representatives Summerfield and Shankland.
Referred to Committee on Corrections.
1An Act to renumber
980.08 (4) (dm) 1. a., b. and c.; to amend
980.08 (4) (dm) 2
1. (intro.), 980.08 (4) (dm) 4., 980.08 (4) (f) and 980.08 (4) (g);
(20) and 980.08 (4) (dm) 1e. of the statutes; and to affect 2017 Wisconsin Act
, section 9320 (1)
; relating to: applicability of 2017 Wisconsin Act 184 and
5placement of sexually violent persons on supervised release.
Analysis by the Legislative Reference Bureau
Residences of persons placed on supervised release
Under current law, a person who has been found to be a sexually violent person
may be involuntarily committed to the Department of Health Services 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 must order the person's
county of residence to prepare a report that identifies an appropriate residence for
the person. Under current law, the county may not identify a residence that is within
1,500 feet of a school, child care facility, place of worship, park, youth center, or,
depending on the offense the person committed, other specified places. This bill
allows the county to identify a residence that does not comply with the 1,500-foot
radius requirements if the county demonstrates that it made a reasonable effort to
identify a residential option that complied with the requirements and the residential
option in the report complies with all other requirements, is in the interest of public
safety, and works in the best interest of citizens with regard to community safety.
Under current law, the county submits the report to DHS, and DHS uses the
report to prepare a supervised release plan. Under this bill, if DHS includes in its
plan a residential option that is not the one identified by the county in the report, the
county may appeal to the Department of Justice to review the plan. Under the bill,
DOJ has 30 days to review the plan. If DOJ rejects the county's appeal, DHS is
responsible for identifying a residential option for the person.
2017 Wisconsin Act 184
modified the procedure for determining the placement
of a sexually violent person on supervised release. One change eliminated the ability
of the court to choose a county other than the person's county of residence to prepare
a report identifying appropriate residential options for the person. Prior law had
allowed the court, with good cause, to choose another county. The effect of this
change was that the person could not be placed in a county that was not his or her
county of residence. The changes made in 2017 Wisconsin Act 184
applied to any
petition for supervised release pending as of March 30, 2018. This bill clarifies that
a petition for supervised release was pending if the person had not been physically
placed in a residence on supervised release.
This bill also requires DHS to identify any person who was placed on supervised
release in a residence outside his or her county of residence on or after March 30,
2018. If DHS identifies any such person, DHS must notify the court, and the court
must order the person's county of residence to prepare a new report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.25 (20) of the statutes is created to read:
165.25 (20) Review appeals of supervised release plans.
Review appeals of 3
supervised release plans as provided under s. 980.08 (4) (f).
980.08 (4) (dm) 1. (intro.) of the statutes is amended to read:
(dm) 1. (intro.) If the court finds that all of the criteria in par. (cg) 6
are met, the court shall order the county of the person's residence, as determined by 7
the department of health services under s. 980.105, to prepare a report. The county 8
shall create a temporary committee to prepare the report for the county. The 9
committee shall consist of the county department under s. 51.42, a representative of
the department of health services, a local probation or parole officer, the county 2
corporation counsel or his or her designee, and a representative of the county that 3
is responsible for land use planning or the department of the county that is 4
responsible for land information, and, after a city, village, or town is selected under
5this subdivision, the chief executive officer, or his or her designee, of that city, village,
. In the report, the county shall identify an appropriate residential option in 7
that county while the person is on supervised release. In counties with a population 8
of 750,000 or more, the committee shall select a residence in the person's city, village, 9
or town of residence, as determined by the department of health services under s. 10
980.105 (2m). The report shall demonstrate that the county has contacted the 11
landlord for that residential option and that the landlord has committed to enter into 12
The county shall do all of the following
when identifying an appropriate 14
980.08 (4) (dm) 1. a., b. and c. of the statutes are renumbered 980.08 16
(4) (dm) 1c. a., b. and c.
980.08 (4) (dm) 1e. of the statutes is created to read:
(dm) 1e. If a county is unable to identify a residential option that 19
complies with the applicable requirements under subd. 1c., the county shall prepare 20
a report with a noncompliant residential option and shall demonstrate the following:
a. The county made a reasonable effort to identify a landlord of a residential 22
option that complies with the applicable requirements under subd. 1c.
b. The residential option in the report otherwise complies with this paragraph 24
and is in the interest of public safety.
c. The residential option in the report works in the best interest of citizens with 2
regard to community safety.
980.08 (4) (dm) 4. of the statutes is amended to read:
(dm) 4. The county shall submit its report to the department of 5
health services within 120 180
days following the court order. A Unless a court, upon
6the county's request, determines that the county is making a good faith effort to
7conform to the deadline, a
county that does not submit its report within 120 180
violates the person's rights under s. 51.61, and each day that the county does not 9
submit the report after the 120 180
days have expired constitutes a separate 10
violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond costs and 11
reasonable actual attorney fees recovered by the person for a violation shall be 12
deposited into the appropriation account under s. 20.435 (2) (gz).
980.08 (4) (f) of the statutes is amended to read:
(f) The court shall direct the department to use the report submitted 15
under par. (dm) to prepare a supervised release plan for the person that identifies 16
the residential option the county identified in its report. If the supervised release
17plan does not include the residential option the county identified in its report, the
18county may appeal to the department of justice. The department of justice has 30
19days to review the appeal. If the department of justice rejects the county's appeal,
20the department of health services shall be responsible for identifying another
The supervised release
plan shall also
address the person's need, if any, 23
for supervision, counseling, medication, community support services, residential 24
services, vocational services, and alcohol or other drug abuse treatment. The 25
supervised release plan shall be submitted to the court within 30 days after the
county submitted its report under par. (dm). The court may grant one extension of 2
up to 30 days of this time period for good cause and shall grant an extension of 30 days
3if the county appeals to the department of justice under par. (f)
980.08 (4) (g) of the statutes is amended to read:
(g) The court shall review the plan submitted by the department 6
under par. (f) (fm)
. If the details of the plan adequately meet the treatment needs 7
of the individual and the safety needs of the community, then the court shall approve 8
the plan and determine that supervised release is appropriate. If the details of the 9
plan do not adequately meet the treatment needs of the individual or the safety needs 10
of the community, then the court shall determine that supervised release is not 11
appropriate or direct the preparation of another supervised release plan to be 12
considered by the court under this paragraph. If the plan is inadequate under this 13
paragraph due to the residential option, the court shall order the county to identify 14
and arrange to lease another residential option and to prepare a new report under 15
par. (dm). If the plan is inadequate under this paragraph due to the treatment 16
options, the court shall order the department to prepare another plan
under par. (f)
[2017 Wisconsin Act 184
] Section 9320 (1) Supervised release.
The treatment 19
of sections 20.435 (2) (gz), 51.61 (1) (z), 980.08 (4) (cm), (d), (dm) 3., (e), (em), (f) 20
(intro.), 1., 2., 3., and 4., and (g) and (5m), and 980.105 (2) and (2m) (intro.) of the 21
statutes and Section
9120 (1) of this act first apply to petitions pending under section 22
980.08 of the statutes on the effective date of this subsection.
Under this subsection,
23a petition is pending if the person who filed the petition has not been physically
24placed in a residence on supervised release under section 980.08 of the statutes.
(1) The department of health services shall identify any individual who was 2
physically placed in a residence outside of his or her county of residence after March 3
30, 2018. The department shall notify the court that approved the placement and 4
that court shall order the person's county of residence, as determined by the 5
department under s. 980.105, to prepare a report identifying an appropriate 6
residential option under s. 980.08 (4) (dm).
(1) The treatment of s. 980.08 (4) (dm) 1. (intro.), a., b., and c. and 4., (f), and 9
(g) first applies to petitions pending under s. 980.08 on the effective date of this 10
subsection. Under this subsection, a petition is pending if the person who filed the 11
petition has not been physically placed in a residence on supervised release under 12