Amendment ASA2-AB875

LRBs0653/1

JEO:kmg&jlg:km

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1997 ASSEMBLY BILL 875

March 24, 1998 - Offered by Representatives Schafer and Huber.

AB875-ASA2,1,6 An Act to amend 51.37 (9), 51.37 (10) (c), 302.045 (3), 304.02 (2), 971.17 (3) (e), 975.18, 980.06 (2) (d) and 980.08 (6); and to create 302.11 (5m), 304.02 (6), 304.06 (1s), 973.09 (1c) and 975.10 (1m) of the statutes; relating to: prohibiting or restricting use of or access to the internet by persons who have committed certain crimes and who are on parole, probation or other type of supervised or conditional release.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB875-ASA2, s. 1 Section 1. 51.37 (9) of the statutes is amended to read:

AB875-ASA2,2,20 51.37 (9) If in the judgment of the director of Mendota mental health institute, Winnebago mental health institute or the Milwaukee county mental health complex, any person who is committed under s. 971.14 or 971.17 is not in such condition as warrants his or her return to the court but is in a condition to receive a conditional transfer or discharge under supervision, the director shall report to the department of health and family services, the committing court and the district attorney of the county in which the court is located his or her reasons for the judgment. If the court does not file objection to the conditional transfer or discharge within 60 days of the date of the report, the director may, with the approval of the department of health and family services, conditionally transfer any person to a legal guardian or other person, subject to the rules of the department of health and family services. If the person being conditionally transferred or discharged under supervision was committed under s. 971.17 after being found not guilty by reason of mental disease or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12, the department of health and family services shall decide whether to restrict or prohibit the person's use of or access to the internet as a condition of the transfer or discharge. Before a person is conditionally transferred or discharged under supervision under this subsection, the department of health and family services shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department of health and family services a written statement waiving the right to be notified. The department of health and family services may contract with the department of corrections for the supervision of persons who are transferred or discharged under this subsection.

AB875-ASA2, s. 2 Section 2. 51.37 (10) (c) of the statutes is amended to read:

AB875-ASA2,3,6 51.37 (10) (c) Any patient who is granted a home visit or leave under this subsection shall be restricted to the confines of this state unless otherwise specifically permitted. The patient may, in addition, be restricted to a particular geographic area. If a patient granted a home visit or leave was committed under s. 971.17 or ch. 975 after being convicted of or found not guilty by reason of mental disease or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12, the department shall decide whether to restrict or prohibit the patient's use of or access to the internet as a condition of the home visit or leave. Other conditions appropriate to the person's treatment may also be imposed upon the home visit or leave.

AB875-ASA2, s. 3 Section 3. 302.045 (3) of the statutes is amended to read:

AB875-ASA2,3,18 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate has successfully completed the challenge incarceration program, the parole commission shall parole the inmate under s. 304.06, regardless of the time the inmate has served. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole. If the inmate is serving a sentence for a violation of s. 948.11 or 948.12 and the parole commission grants parole under this subsection, the parole commission shall decide whether to restrict or prohibit the parolee's use of or access to the internet as a condition of parole. If the parole commission decides not to impose such a condition, the department may restrict or prohibit a parolee's use of or access to the internet as a condition of parole.

AB875-ASA2, s. 4 Section 4. 302.11 (5m) of the statutes is created to read:

AB875-ASA2,3,21 302.11 (5m) (a) In this subsection, "child sex crime" means a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.

AB875-ASA2,3,24 (b) When an inmate serving a sentence for a child sex crime is released on parole under sub. (1) or (1g) (b), the department shall decide whether to restrict or prohibit the parolee's use of or access to the internet as a condition of parole.

AB875-ASA2, s. 5 Section 5. 304.02 (2) of the statutes is amended to read:

AB875-ASA2,4,6 304.02 (2) The department shall promulgate rules for the special action release program, including eligibility criteria, procedures for the secretary to decide whether to grant a prisoner a special action release to parole supervision, procedures for notifying persons, offices or agencies under s. 304.06 (1) (c) and (g) of releases, and, subject to sub. (6), conditions of release. If applicable, the department shall also comply with s. 304.063.

AB875-ASA2, s. 6 Section 6. 304.02 (6) of the statutes is created to read:

AB875-ASA2,4,9 304.02 (6) (a) In this subsection, "child sex crime" means a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.

AB875-ASA2,4,12 (b) When an inmate serving a sentence for a child sex crime is released on parole under this section, the department shall decide whether to restrict or prohibit the parolee's use of or access to the internet as a condition of parole.

AB875-ASA2, s. 7 Section 7. 304.06 (1s) of the statutes is created to read:

AB875-ASA2,4,15 304.06 (1s) (a) In this subsection, "child sex crime" means a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.

AB875-ASA2,4,21 (b) When the parole commission grants parole under sub. (1) to a person serving a sentence for a child sex crime, the parole commission shall decide whether to restrict or prohibit the parolee's use of or access to the internet as a condition of parole. If the parole commission decides not to impose such a condition, the department may restrict or prohibit a parolee's use of or access to the internet as a condition of parole.

AB875-ASA2, s. 8 Section 8. 971.17 (3) (e) of the statutes is amended to read:

AB875-ASA2,5,8 971.17 (3) (e) An order for conditional release places the person in the custody and control of the department of health and family services. A conditionally released person is subject to the conditions set by the court and to the rules of the department of health and family services. If the person being conditionally released was committed under this section after being found not guilty by reason of mental disease or defect for a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12, the court shall decide whether to restrict or prohibit the person's use of or access to the internet as a condition of conditional release. If the court decides not to impose such a condition, the department of health and family services may restrict or prohibit a person's use of or access to the internet as a condition of conditional release.

AB875-ASA2,5,13 (f) Before a person is conditionally released by the court under this subsection, the court shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the court a written statement waiving the right to be notified.

AB875-ASA2,6,7 (g) If the department of health and family services alleges that a released person has violated any condition or rule, or that the safety of the person or others requires that conditional release be revoked, he or she may be taken into custody under the rules of the department. The department of health and family services shall submit a statement showing probable cause of the detention and a petition to revoke the order for conditional release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 48 hours after the detention. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department of health and family services may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked, it may revoke the order for conditional release and order that the released person be placed in an appropriate institution under s. 51.37 (3) until the expiration of the commitment or until again conditionally released under this section.

AB875-ASA2, s. 9 Section 9. 973.09 (1c) of the statutes is created to read:

AB875-ASA2,6,10 973.09 (1c) (a) In this subsection, "child sex crime" means a violation of s. 948.02, 948.025, 948.05, 948.055, 948.07, 948.08, 948.11 or 948.12.

AB875-ASA2,6,15 (b) If a person is convicted of a child sex crime and the court places the person on probation for that crime, the court shall decide whether to restrict or prohibit the person's use of or access to the internet as a condition of probation. If the court decides not to impose such a condition, the department may restrict or prohibit a person's use of or access to the internet as a condition of probation.

AB875-ASA2, s. 10 Section 10. 975.10 (1m) of the statutes is created to read:

AB875-ASA2,6,19 975.10 (1m) When a person is paroled under this section, the department shall decide whether to restrict or prohibit the person's use of or access to the internet as a condition of parole.

AB875-ASA2, s. 11 Section 11. 975.18 of the statutes is amended to read:

AB875-ASA2,6,24 975.18 Establishment of regulations. The Subject to s. 975.10 (1m), the department may promulgate rules concerning parole, revocation of parole, supervision of parolees, and any other matters necessary for the administration of this chapter.

AB875-ASA2, s. 12 Section 12. 980.06 (2) (d) of the statutes is amended to read:

AB875-ASA2,7,8 980.06 (2) (d) An order for supervised release places the person in the custody and control of the department. If a court places a person on supervised release, the court shall decide whether to restrict or prohibit the person's use of or access to the internet as a condition of supervised release. If the court decides not to impose such a condition, the department of health and family services may restrict or prohibit a person's use of or access to the internet as a condition of supervised release. A person on supervised release is also subject to the any other conditions set by the court and to the rules of the department.

AB875-ASA2,7,14 (e) Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this paragraph does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.

AB875-ASA2,8,7 (f) If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 48 hours after the detention. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under s. 980.09 or until again placed on supervised release under s. 980.08.

AB875-ASA2, s. 13 Section 13. 980.08 (6) of the statutes is amended to read:

AB875-ASA2,8,10 980.08 (6) The provisions of s. 980.06 (2) (d), (e) and (f) apply to an order for supervised release issued under this section.

AB875-ASA2, s. 14 Section 14. Initial applicability.

AB875-ASA2,8,14 (1) Conditions of parole. The treatment of sections 302.045 (3), 302.11 (5m), 304.02 (6) and 304.06 (1s) of the statutes first applies to persons who are released on parole on the effective date of this subsection.

AB875-ASA2,8,17 (2) Conditions of probation. The treatment of section 973.09 (1c) of the statutes first applies to persons who are placed on probation on the effective date of this subsection.

AB875-ASA2,8,22 (3) Conditions of release of persons found not guilty by reason of mental disease or defect. The treatment of sections 51.37 (9) and (10) (c) and 971.17 (3) (e) of the statutes first applies to persons who are granted conditional release, a conditional transfer, a discharge under supervision or a temporary home visit or temporary leave on the effective date of this subsection.

AB875-ASA2,8,25 (4) Conditions of release of persons found to be sexually violent persons. The treatment of section 980.06 (2) (d) of the statutes first applies to persons who are granted supervised release on the effective date of this subsection.

AB875-ASA2,9,3 (5) Conditions of release of persons committed under the sex crimes law. The treatment of section 975.10 (1m) of the statutes first applies to persons who are released on parole on the effective date of this subsection.

AB875-ASA2,9,4 (End)