980.09 (1m) (c) The petitioner If a person files a petition for discharge under sub. (1), the person may use experts or professional persons to support his or her petition. (b) The district attorney or the department of justice may use experts or professional persons to support or oppose any petition filed under sub. (1).
84,12 Section 12 . 980.075 (5) of the statutes is renumbered 980.09 (1m) (b) and amended to read:
980.09 (1m) (b) Subject to s. 980.03 (2) (a), before proceeding under s. 980.08 or 980.09 but If the person files a petition for a discharge under sub. (1) without counsel, as soon as circumstances permit, the court shall refer the matter to the authority for indigency determinations under s. 977.07 (1) and appointment of counsel under s. 977.05 (4) (j) if the person is not represented by counsel.
84,13 Section 13 . 980.075 (6) of the statutes is renumbered 980.07 (7) and amended to read:
980.07 (7) At any time before a hearing under s. 980.08 or 980.09, the department may file a supplemental report if the department determines that court should have additional information. The court shall accept the supplemental report and permit testimony from the department regarding the report or any relevant portion of the report.
84,14 Section 14. 980.08 (1) of the statutes is amended to read:
980.08 (1) Any person who is committed under s. 980.06 may petition the committing court to modify its order by authorizing supervised release if at least 12 months have elapsed since the initial commitment order was entered or at least 12 months have elapsed since the most recent release petition was denied, since supervised release was denied under s. 980.09 (4), or since the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person's behalf at any time.
84,15 Section 15 . 980.08 (2m) of the statutes is created to read:
980.08 (2m) The person submitting the petition may use experts or professional persons to support his or her petition. The district attorney or the department of justice may use experts or professional persons to support or oppose any petition.
84,16 Section 16. 980.08 (3) of the statutes is renumbered 980.08 (3) (a) and amended to read:
980.08 (3) (a) Within 20 days after receipt of the petition, the court shall appoint one or more examiners having for the court who have the specialized knowledge determined by the court to be appropriate, who shall examine the person and furnish a written report of the examination to the court within 30 60 days after appointment, unless the court for good cause extends this time limit. If the person requests appointment of an examiner within 20 days after the filing of the petition, the court shall appoint an examiner for the person, unless the court appointed an examiner under s. 980.031 (3) or 980.07 (1) for the current reexamination period. If a report filed by an examiner appointed under s. 980.07 (1) to conduct a reexamination of the person's mental condition within the 6 months preceding the filing of the petition supports supervised release, the court may appoint that examiner as the examiner for the person under this subsection.
(b) The examiners appointed under par. (a) shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If any such examiner believes that the person is appropriate for supervised release under the criteria specified in sub. (4) (cg), the examiner shall report on the type of treatment and services that the person may need while in the community on supervised release. The county shall pay the costs of an examiner appointed under this subsection par. (a) as provided under s. 51.20 (18) (a).
84,17 Section 17. 980.08 (4) (a) of the statutes is amended to read:
980.08 (4) (a) The court, without a jury, shall hear the petition within 30 120 days after the report of the court-appointed examiner appointed under sub. (3) (a) is filed with the court, unless the court for good cause extends this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18) (b), (c), and (d).
84,18 Section 18 . 980.08 (4) (cg) 1. of the statutes is amended to read:
980.08 (4) (cg) 1. The person has made is making significant progress in treatment and the person's progress can be sustained while on supervised release.
84,19 Section 19. 980.08 (4) (cj) of the statutes is created to read:
980.08 (4) (cj) The person has the burden of proving by clear and convincing evidence that the person meets the criteria in par. (cg).
84,20 Section 20. 980.08 (9) (a) of the statutes is amended to read:
980.08 (9) (a) As a condition of supervised release granted under this chapter, for the first year of supervised release, the court shall restrict the person on supervised release to the person's home residence except for outings approved by the department of health services that are under the direct supervision of a department of corrections escort and that are for employment or volunteer purposes, for religious purposes, educational purposes, treatment and exercise purposes, supervision purposes, or residence maintenance, or for caring for the person's basic living needs.
84,21 Section 21. 980.09 (1) of the statutes is amended to read:
980.09 (1) A committed person may petition the committing court for discharge at any time. The court shall deny the petition under this section without a hearing unless the petition alleges facts from which the court or jury may would likely conclude the person's condition has changed since the date of his or her initial commitment order the most recent order denying a petition for discharge after a hearing on the merits, or since the date of his or her initial commitment order if the person has never received a hearing on the merits of a discharge petition, so that the person does not meet no longer meets the criteria for commitment as a sexually violent person.
84,22 Section 22. 980.09 (1m) (d) of the statutes is created to read:
980.09 (1m) (d) After receiving a petition for discharge under sub. (1) and upon the request of the person filing the petition, unless the court previously appointed an examiner under s. 980.031 (3) or 980.07 (1) for the current reexamination period, the court shall appoint for the person an examiner having the specialized knowledge determined by the court to be appropriate. If an examination conducted under s. 980.07 (1) within the 6 months preceding the filing of the petition supports discharge, the court may appoint the examiner who conducted that examination as the examiner for the person. The examiner shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided in s. 146.82 (2) (c). The county shall pay the costs of an examiner appointed under this paragraph as provided under s. 51.20 (18) (a).
84,23 Section 23 . 980.09 (2) and (3) of the statutes are amended to read:
980.09 (2) The court shall review the petition within 30 days and In reviewing the petition, the court may hold a hearing to determine if it contains facts from which the court or jury may conclude that the person does not meet the person's condition has sufficiently changed such that a court or jury would likely conclude the person no longer meets the criteria for commitment as a sexually violent person. In determining under this subsection whether facts exist that might warrant such a conclusion the person's condition has sufficiently changed such that a court or jury would likely conclude that the person no longer meets the criteria for commitment, the court shall may consider the record, including evidence introduced at the initial commitment trial or the most recent trial on a petition for discharge, any current or past reports filed under s. 980.07, relevant facts in the petition and in the state's written response, arguments of counsel, and any supporting documentation provided by the person or the state. If the court determines that the petition record does not contain facts from which a court or jury may would likely conclude that the person does not meet no longer meets the criteria for commitment, the court shall deny the petition. If the court determines that facts exist the record contains facts from which a court or jury could would likely conclude the person does not meet no longer meets the criteria for commitment, the court shall set the matter for hearing trial.
(3) The court shall hold a hearing trial within 90 days of the determination that the petition contains facts from which the court or jury may conclude that the person does not meet person's condition has sufficiently changed such that a court or jury would likely conclude that the person no longer meets the criteria for commitment as a sexually violent person. The At trial, the state has the burden of proving by clear and convincing evidence that the person meets the criteria for commitment as a sexually violent person.
84,24 Section 24 . 980.09 (4) of the statutes is amended to read:
980.09 (4) If the court or jury is satisfied that the state has not met its burden of proof under sub. (3), the petitioner person shall be discharged from the custody of the department. If the court or jury is satisfied that the state has met its burden of proof under sub. (3), the court may shall proceed under s. 980.08 (4) to determine whether to modify the petitioner's person's existing commitment order by authorizing supervised release, unless the person waives consideration of the criteria in s. 980.08 (4) (cg). If the person waives consideration of these criteria, the waiver is a denial of supervised release for purposes of s. 980.08 (1).
84,25 Section 25. 980.09 (5) of the statutes is created to read:
980.09 (5) If a court orders discharge of a committed person under this section, the court shall stay the execution of the order so that the department may comply with its statutory duties under s. 980.11 (2) and (3). The stay of execution may not exceed 10 working days and shall be for as short a period as necessary to permit the department to comply with s. 980.11 (2) and (3).
84,26 Section 26 . 980.095 (1) (a) of the statutes is amended to read:
980.095 (1) (a) The district attorney or the department of justice, whichever filed the original petition, or the petitioner person who filed the petition for discharge or his or her attorney may request that a hearing trial under s. 980.09 (3) be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days of the filing of the petition for discharge determination by the court that a court or jury would likely conclude under s. 980.09 (1) that the person's condition has sufficiently changed.
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