Amendment SA1-SB623

LRBa4870/1

JEO/DAK:kaf/kmg:dw

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 1, To 1995 SENATE BILL 623

March 26, 1996 - Offered by Senator Buettner.

SB623-SA1,1,1 At the locations indicated, amend the bill as follows:

SB623-SA1,1,3 1. Page 1, line 2: delete "and services" and substitute ", services and placement".

SB623-SA1,1,4 2. Page 3, line 12: after that line insert:

SB623-SA1,1,5 " Section 2g. 980.06 (2) (c) of the statutes is amended to read:

SB623-SA1,2,12 980.06 (2) (c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. 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. 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 21 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 the county where the facility in which the person was committed for institutional care is located unless that county is also the person's county of residence.

SB623-SA1, s. 2k Section 2k. 980.08 (5) of the statutes is amended to read:

SB623-SA1,3,11 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. 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. 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 the county where the facility in which the person was committed for institutional care is located unless that county is also the person's county of residence.

SB623-SA1, s. 2n Section 2n. 980.105 of the statutes is created to read:

SB623-SA1,3,15 980.105 Determination of county of residence. The court shall determine a person's county of residence for the purposes of this chapter by doing all of the following:

SB623-SA1,3,18 (1) The court 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.

SB623-SA1,3,22 (2) The court 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.".

SB623-SA1,3,23 (End)