Amendment AA1-SA1-AB660

LRBa2599/1

JEO:kmg:lp

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE AMENDMENT 1, TO 1997 ASSEMBLY BILL 660

May 6, 1998 - Offered by Representatives Underheim, Kaufert, Owens, Klusman and Olsen.

AB660-SA1-AA1,1,1 At the locations indicated, amend the amendment as follows:

AB660-SA1-AA1,1,2 1. Page 1, line 2: delete that line and substitute:

AB660-SA1-AA1,1,5 "1e. Page 1, line 3: after "offenses," insert "restrictions on the placement of persons released on parole for certain serious sex offenses and of sexually violent persons who are granted supervised release,".

AB660-SA1-AA1,1,6 1m. Page 4, line 7: after that line insert:

AB660-SA1-AA1,1,7 " Section 4h. 302.11 (4m) of the statutes is created to read:

AB660-SA1-AA1,1,10 302.11 (4m) An inmate paroled under this section is subject to the restriction under s. 304.06 (2m), if applicable, relating to the counties to which inmates may be paroled.

AB660-SA1-AA1, s. 4k Section 4k. 304.02 (4m) of the statutes is created to read:

AB660-SA1-AA1,2,3 304.02 (4m) A prisoner paroled under this section is subject to the restriction under s. 304.06 (2m), if applicable, relating to the counties to which prisoners may be paroled.

AB660-SA1-AA1, s. 4L Section 4L. 304.06 (2m) of the statutes is created to read:

AB660-SA1-AA1,2,8 304.06 (2m) (a) In this subsection, "serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 or a solicitation, conspiracy or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07.

AB660-SA1-AA1,2,11 (b) Except as provided in par. (c), no prisoner who is serving a sentence for a serious sex offense may be paroled to any county where there is a correctional institution that has a specialized sex offender treatment program.

AB660-SA1-AA1,2,14 (c) A prisoner serving a sentence for a serious sex offense may be paroled to a county where there is a correctional institution that has a specialized sex offender treatment program if that county is also the prisoner's county of residence.

AB660-SA1-AA1,2,16 (d) The parole commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

AB660-SA1-AA1,2,20 1. The parole commission or the 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.

AB660-SA1-AA1,2,24 2. The parole commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.".

AB660-SA1-AA1,2,25 1s. Page 10, line 20: after that line insert:".

AB660-SA1-AA1,3,1 2. Page 1, line 7: after that line insert:

AB660-SA1-AA1,3,2 " Section 8e. 980.06 (2) (c) of the statutes is amended to read:

AB660-SA1-AA1,4,3 980.06 (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 any county where the there is a facility in which the person was persons are detained or evaluated under s. 980.04 or in which persons committed for to institutional care is located under this chapter are placed, unless that county is also the person's county of residence.

AB660-SA1-AA1, s. 8f Section 8f. 980.08 (5) of the statutes is amended to read:

AB660-SA1-AA1,5,3 980.08 (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 any county where the there is a facility in which the person was persons committed for to institutional care is located under this chapter are placed unless that county is also the person's county of residence.".

AB660-SA1-AA1,5,4 3. Page 1, line 8: delete the quotation mark.

AB660-SA1-AA1,5,5 4. Page 2, line 3: after that line insert:

AB660-SA1-AA1,5,6 "2m. Page 14, line 9: delete lines 9 to 10 and substitute:

AB660-SA1-AA1,5,9 "(1t) Lifetime supervision of certain sex offenders. The creation of section 939.615 of the statutes and the treatment of sections 971.17 (1j) and 973.125 of the statutes first apply to offenses committed on the effective date of this subsection.

AB660-SA1-AA1,5,12 (1u) Restrictions on placement of parolees. The treatment of sections 302.11 (4m), 304.02 (4m) and 304.06 (2m) of the statutes first applies to parole releases granted on the effective date of this subsection.".".

AB660-SA1-AA1,5,13 (End)