2. The number of victims and offenders served by programs established under par. (a).
3. The types of offenses addressed by programs established under par. (a).
4. The rate of recidivism among offenders served by programs established under par. (a) compared to the rate of recidivism by offenders not served by such programs.
(3) Report to department of administration. Annually, on a date specified by the department of administration, the district attorneys of Milwaukee county and the county selected under sub. (4) shall each submit to the department of administration a report summarizing the records under sub. (2) (c) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this subsection by the district attorney.
(4) Selection of 2nd county. The
attorney general, in consultation with the department of corrections, shall select a county other than Milwaukee county in which restorative justice services are to be provided under sub. (2).
(5) Expiration. This section does not apply after June 30, 2005.
16,4031r
Section 4031r. 978.05 (8) (b) of the statutes is amended to read:
978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s. ss. 978.043
and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.
16,4031s
Section 4031s. 978.08 of the statutes is created to read:
978.08 Preservation of certain evidence. (1) In this section:
(a) "Custody" has the meaning given in s. 968.205 (1) (a).
(b) "Discharge date" has the meaning given in s. 968.205 (1) (b).
(2) Except as provided in sub. (3), if physical evidence that is in the possession of a district attorney includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the district attorney shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.
(3) Subject to sub. (5), a district attorney may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply:
(a) The district attorney sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment and to either the attorney of record for each person in custody or the state public defender.
(b) No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice:
1. Files a motion for testing of the biological material under s. 974.07 (2).
2. Submits a written request to preserve the biological material to the district attorney.
(c) No other provision of federal or state law requires the district attorney to preserve the biological material.
(4) A notice provided under sub. (3) (a) shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the district attorney.
(5) If, after providing notice under sub. (3) (a) of its intent to destroy biological material, a district attorney receives a written request to preserve the material, the district attorney shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.
16,4032m
Section 4032m. 978.13 (1) (d) of the statutes is amended to read:
978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed $51,300 in the 1999-2000 fiscal year and $64,000 in the 2000-01 fiscal year the amount appropriated under s. 20.475 (1) (f).
16,4033g
Section 4033g. 979.01 (1m) of the statutes is amended to read:
979.01 (1m) The coroner or medical examiner receiving notification under sub. (1) shall immediately notify the attorney general and district attorney.
16,4033k
Section 4033k. 979.015 of the statutes is amended to read:
979.015 Subpoena for documents. Upon the request of the coroner, medical examiner, attorney general, or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's cause of death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.
16,4033n
Section 4033n. 979.02 of the statutes is amended to read:
979.02 Autopsies. The coroner, medical examiner, attorney general, or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The attorney general or district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.
16,4034
Section 4034. 979.025 of the statutes is created to read:
979.025 Autopsy of correctional inmate. (1) Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).
(2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.
(3) Costs of an autopsy. The costs of an autopsy performed under sub. (1) or (2) shall be paid by the department.
16,4034b
Section 4034b. 979.04 (1) of the statutes is amended to read:
979.04 (1) If the attorney general or district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of a dangerous weapon, explosives, or fire, homicide by negligent operation of a vehicle, homicide resulting from negligent control of a vicious animal, or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the attorney general or district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The attorney general or district attorney shall appear in any such inquest representing the state in presenting all evidence which that may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the attorney general or district attorney under this subsection or by the circuit judge under sub. (2).
16,4034c
Section 4034c. 979.04 (2) of the statutes is amended to read:
979.04 (2) If the coroner or medical examiner has knowledge of the death of any person in the manner described under sub. (1), he or she shall immediately notify the attorney general and district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the attorney general and district attorney to order an inquest under sub. (1). If the attorney general and district attorney refuses refuse to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the attorney general or district attorney has abused his or her discretion in not ordering an inquest.
16,4034d
Section 4034d. 979.04 (3) of the statutes is amended to read:
979.04 (3) Subsequent to receipt of notice of the death, the attorney general or district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the attorney general or district attorney. The attorney general or district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.
16,4034f
Section 4034f. 979.05 (2) of the statutes is amended to read:
979.05 (2) The inquest shall be conducted before a jury unless the attorney general, district attorney, coroner, or medical examiner requests that the inquest be conducted before only the judge or court commissioner only. If the inquest is to be conducted before a jury, a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, court commissioner, attorney general, or district attorney determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.
16,4034g
Section 4034g. 979.05 (3) of the statutes is amended to read:
979.05 (3) The judge or court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood, marriage, or adoption to the decedent, any member of the decedent's family, the attorney general, district attorney, any other attorney appearing in the case, or any members of the office of the attorney general, district attorney, or of the office of any other attorney appearing in the case,
; has expressed or formed any opinion regarding the matters being inquired into in of the inquest; or is aware of or has any bias or prejudice concerning the matters being inquired into in of the inquest. If any prospective juror is found to be not indifferent or is found to have formed an opinion which that cannot be laid aside, that juror shall be excused. The judge or court commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection does not limit the right of the attorney general or district attorney to supplement the judge's or court commissioner's examination of any prospective jurors as to qualifications.
16,4034h
Section 4034h. 979.05 (5) of the statutes is amended to read:
979.05 (5) Prior to the submission of evidence to the jury, the judge or court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury. The attorney general or district attorney may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters that he or she and the judge or court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.
16,4034j
Section 4034j. 979.05 (6) of the statutes is amended to read:
979.05 (6) The judge or court commissioner conducting the inquest may order that proceedings be secret if the attorney general or district attorney so requests or concurs.
16,4034m
Section 4034m. 979.06 (1) of the statutes is amended to read:
979.06 (1) The judge or court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the attorney general or district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.
16,4034n
Section 4034n. 979.06 (2) of the statutes is amended to read:
979.06 (2) The judge or court commissioner conducting the inquest and the attorney general or district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons, and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the attorney general or district attorney and the judge or court commissioner conducting the inquest.
16,4034p
Section 4034p. 979.07 (1) (a) of the statutes is amended to read:
979.07 (1) (a) If a person refuses to testify or to produce books, papers, or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the attorney general or district attorney. A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.
16,4034r
Section 4034r. 979.08 (1) of the statutes is amended to read:
979.08 (1) When the evidence is concluded and the testimony closed, the judge or court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The attorney general or district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or court commissioner who, together with the attorney general or district attorney, shall compile the final set of instructions which
that shall be given. The instructions shall include those criminal offenses for which the judge or court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.
16,4034t
Section 4034t. 979.08 (5) of the statutes is amended to read:
979.08 (5) The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the attorney general or district attorney.
16,4034u
Section 4034u. 979.08 (6) of the statutes is amended to read:
979.08 (6) Any verdict so rendered, after being validated and signed by the judge or court commissioner, together with the record of the inquest, shall be delivered to the attorney general or district attorney for consideration. After considering the verdict and record, the attorney general or district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.
16,4034v
Section 4034v. 979.09 of the statutes is amended to read:
979.09 Burial of body. If any judge or court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed, or if the attorney general or district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The If the district attorney or circuit court ordered the inquest, charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury. If the attorney general ordered the inquest, charges and expenses, except as provided under s. 979.11, shall be audited and paid by the department of justice.
16,4034w
Section 4034w. 979.10 (2) of the statutes is amended to read:
979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the attorney general's or district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the attorney general or district attorney the coroner or medical examiner shall obtain the concurrence of the attorney general or district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the attorney general and district attorney under s. 979.04 (2).
16,4034y
Section 4034y. 979.11 of the statutes is amended to read:
979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the attorney general or district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.
16,4034yd
Section 4034yd. 980.065 (1r) of the statutes is created to read:
980.065 (1r) Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health and family services.
16,4034ye
Section 4034ye. 980.067 of the statutes is created to read:
980.067 Activities off grounds. The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health and family services shall promulgate rules for the administration of this section.
16,4034yg
Section 4034yg. 980.08 (5) of the statutes is amended to read:
980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.
16,4034ys
Section 4034ys. 980.101 of the statutes is created to read:
980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect. (1) In this section, "judgment relating to a sexually violent offense" means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.
(2) If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:
(a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody or supervision of the department.
(b) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.
(3) An appeal may be taken from an an order entered under sub. (2) as from a final judgment.
16,4034yt
Section 4034yt. 980.105 of the statutes is amended to read:
980.105 Determination of county of residence. The court department shall determine a person's county of residence for the purposes of this chapter by doing all of the following:
(1) The court department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
(2) The court department shall apply the criteria for consideration of residence and physical presence under sub. (1) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement or commitment that was in effect when the petition was filed under s. 980.02.
16,4034yu
Section 4034yu. 990.01 (39) of the statutes is created to read:
990.01 (39) Southern state forest. "Southern state forest" means a state forest that is located within the region specified in s. 25.28 (3) (am).
16,4034z
Section 4034z. 992.14 of the statutes is created to read:
992.14 Revenue limit agreement. Notwithstanding s. 121.91, if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) (e), and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district's revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.
