AB777-ASA1,9,624
938.396
(1k) A law enforcement agency shall open its records for inspection by
25and production to appropriate persons in accordance with ss. 980.015 (3m), (3r) and
1(3x), 980.031 (3) and 980.08 (3), if the records of the law enforcement agency involve
2or relate to an individual who is the subject of or who is being evaluated for a
3proceeding under ch. 980. Information obtained from a law enforcement agency's
4records under this subsection shall be kept confidential except to the extent that
5redisclosure of that information is necessary for the conduct of an evaluation,
6examination or proceeding under ch. 980 for which the information was obtained.
AB777-ASA1,9,198
938.396
(2) (e) Upon request of
the department of corrections to review court
9records for the purpose of providing, an appropriate person under s. 980.015
(3) (a) 10(3m), (3r) and (3x), 980.031 (3) and 980.08 (3) for the purpose of conducting an
11evaluation, examination or proceeding under ch. 980, the
department of justice or a
12district attorney with a person's offense history, the court shall open for inspection
13by
authorized representatives of the department of corrections the appropriate
14person the records of the court relating to any juvenile who has been adjudicated
15delinquent for a sexually violent offense, as defined in s. 980.01 (6).
Information
16obtained from a law enforcement agency's records under this subsection shall be kept
17confidential except to the extent that redisclosure of that information is necessary
18for the conduct of an evaluation, examination or proceeding under ch. 980 for which
19the information was obtained.
AB777-ASA1, s. 23
20Section
23. 938.396 (5) (a) (intro.) of the statutes is amended to read:
AB777-ASA1,9,2421
938.396
(5) (a) (intro.) Any person who is denied access to a record under sub.
22(1), (1b), (1d), (1g),
(1k), (1m), (1r) or (1t) may petition the court to order the disclosure
23of the records governed by the applicable subsection. The petition shall be in writing
24and shall describe as specifically as possible all of the following:
AB777-ASA1,10,11
1938.78
(2) (e) Paragraph (a) does not prohibit the department from disclosing
2information about an individual adjudged delinquent under s. 938.183 or 938.34 for
3a sexually violent offense, as defined in s. 980.01 (6), to
the department of justice, or
4a district attorney or a judge acting under ch. 980 appropriate persons under ss.
5980.015 (3m), (3r) or (3x), 980.031 (3) and 980.08 (3) or to an attorney who represents
6a person subject to a petition under ch. 980.
The court in which the petition under
7s. 980.02 is filed may issue any protective orders that it determines are appropriate
8concerning information disclosed under this paragraph Information obtained from
9the department under this paragraph shall be kept confidential except as necessary
10for the conduct of an evaluation, examination or proceeding under ch. 980 for which
11the information was obtained.
AB777-ASA1,10,15
13967.03 District attorneys. Wherever in chs. 967 to
979 980 powers or duties
14are imposed upon district attorneys, the same powers and duties may be discharged
15by any of their duly qualified deputies or assistants.
AB777-ASA1,10,2017
972.15
(4) After sentencing, unless otherwise authorized under
sub. subs. (5)
18and (6) or ordered by the court, the presentence investigation report shall be
19confidential and shall not be made available to any person except upon specific
20authorization of the court.
AB777-ASA1,10,2422
972.15
(6) The presentence investigation report and any information contained
23in it may be used by any of the following persons in an evaluation, examination,
24hearing, trial or other proceeding under ch. 980:
AB777-ASA1,10,2525
(a) The department of corrections.
AB777-ASA1,11,1
1(b) The department of health and family services.
AB777-ASA1,11,32
(c) The person who is the subject of the presentence investigation report, his
3or her attorney or an agent or employe of the attorney.
AB777-ASA1,11,44
(d) The attorney representing the state or an agent or employe of the attorney.
AB777-ASA1,11,65
(e) An expert or professional person who has been retained or appointed to
6evaluate or examine the subject of the presentence investigation report.
AB777-ASA1,11,208
978.05
(6) (a) Institute, commence or appear in all civil actions or special
9proceedings under and perform the duties set forth for the district attorney under ss.
1017.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09,
11343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86,
12946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection
13with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and
14938 as the judge may request and perform all appropriate duties and appear if the
15district attorney is designated in specific statutes, including matters within chs. 782,
16976
and, 979
and 980 and ss. 51.81 to 51.85. Nothing in this paragraph limits the
17authority of the county board to designate, under s. 48.09 (5), that the corporation
18counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1948.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
20interests of the public under s. 48.14 or 938.14.
AB777-ASA1,11,24
22980.015 (title)
Notice Evaluations of persons who may meet
23commitment criteria; notice to the department of justice and district
24attorney.
AB777-ASA1, s. 30
1Section
30. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and
2amended to read:
AB777-ASA1,12,33
980.015
(1) (intro.) In this section
, "agency and s. 980.02:
AB777-ASA1,12,5
4(a) "Agency with jurisdiction" means the agency with the authority or duty to
5release or discharge the person.
AB777-ASA1, s. 31
6Section
31. 980.015 (1) (b) (intro.) of the statutes is created to read:
AB777-ASA1,12,87
980.015
(1) (b) (intro.) "Anticipated release date" means whichever of the
8following is applicable:
AB777-ASA1, s. 32
9Section
32. 980.015 (2) (intro.) of the statutes is renumbered 980.015 (2) (am)
10and amended to read:
AB777-ASA1,12,2211
980.015
(2) (am) If an agency with jurisdiction has control or custody over a
12person who
meets any of the criteria specified in s. 980.02 (2) (a), the agency with
13jurisdiction shall, as soon as possible beginning 180 days before the anticipated
14release date of the person, evaluate whether the person may meet the criteria for
15commitment as a sexually violent person
or whether the person does not meet the
16criteria for commitment as a sexually violent person. As soon as possible, but in no
17case later than 15 days after the completion of its evaluation, the agency with
18jurisdiction shall inform each
appropriate district attorney
specified under s. 980.02
19(1) (b) and the department of justice
regarding the person as soon as possible
20beginning 3 months prior to the applicable date of the following:
whether the agency
21with jurisdiction has determined that the person may meet the criteria for
22commitment or that the person does not meet the criteria for commitment.
AB777-ASA1, s. 33
23Section
33. 980.015 (2) (a) of the statutes is renumbered 980.015 (1) (b) 1. and
24amended to read:
AB777-ASA1,13,3
1980.015
(1) (b) 1. The anticipated
date of discharge from a sentence, anticipated
2date of release on parole or extended supervision or anticipated
date of release from
3imprisonment of a person who has been convicted of a sexually violent offense.
AB777-ASA1,13,106
980.015
(1) (b) 2. The anticipated
date of release from a secured correctional
7facility, as defined in s. 938.02 (15m),
or a secured child caring institution, as defined
8in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person
9adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent
10offense.
AB777-ASA1,13,2512
980.015
(2) (bm) If an agency with jurisdiction determines in an evaluation
13under par. (am) that the person may meet the criteria for commitment as a sexually
14violent person, the agency with jurisdiction shall obtain a special purpose evaluation
15of the person by a qualified expert or professional person, who shall make a
16recommendation as to whether a commitment proceeding under this chapter should
17be initiated. A qualified expert or professional person who conducts a special purpose
18evaluation under this paragraph shall make a written report of his or her evaluation
19to the agency with jurisdiction as soon as possible after completing the evaluation.
20The report shall specify the recommendation of the qualified expert or professional
21person and the bases for the recommendation. The agency with jurisdiction shall,
22as soon as possible but in no case later than 5 days after it receives the report, provide
23each district attorney specified under s. 980.02 (1) (b) and the department of justice
24with a copy of the report of the qualified expert or professional person who conducted
25the special purpose evaluation.
AB777-ASA1, s. 36
1Section
36. 980.015 (2) (c) of the statutes is renumbered 980.015 (1) (b) 3. and
2amended to read:
AB777-ASA1,14,53
980.015
(1) (b) 3. The
anticipated date of termination or discharge
of the
4commitment of a person who has been found not guilty of a sexually violent offense
5by reason of mental disease or defect under s. 971.17.
AB777-ASA1, s. 37
6Section
37. 980.015 (3) (intro.) of the statutes is amended to read:
AB777-ASA1,14,117
980.015
(3) (intro.)
The When informing a district attorney and the department
8of justice of its evaluation under sub. (2) (am) and, if applicable, when providing a
9copy of the report of a special purpose evaluation conducted under sub. (2) (bm), the 10agency with jurisdiction shall provide the district attorney and department of justice
11with all of the following:
AB777-ASA1,14,1713
980.015
(3) (b)
If applicable, Copies of or access to documentation
of in the
14possession of the agency with jurisdiction relating to the person, including any
15treatment
records, as provided under s. 51.30 (4) (b) 8s., health care records, as
16provided under s. 146.82 (2) (cm), and
records concerning the person's adjustment
17to
and conduct in any institutional placement.
AB777-ASA1,15,519
980.015
(3m) (a) A qualified expert or professional person who conducts a
20special purpose evaluation under sub. (2) (bm) shall have reasonable access to the
21person for the purpose of the evaluation. The expert or professional person shall also
22have access to the person's past and present treatment records, as provided under
23s. 51.30 (4) (b) 8s., past and present patient health care records, as provided under
24s. 146.82 (2) (cm), and past and present correctional records, as provided under ss.
2548.78 (2) (e), 301.355 and 938.78 (2) (e), to files and records of court proceedings under
1ch. 51, as provided under s. 51.30 (3) (bm), and the records of a court assigned to
2exercise jurisdiction under chs. 48 and 938, as provided under ss. 48.396 (6) and
3938.396 (2) (e), to records of law enforcement officers and law enforcement agencies,
4as provided under ss. 48.396 (6) and 938.396 (1k), and to presentence investigation
5reports, as provided under s. 972.15 (6).
AB777-ASA1,15,136
(b) A qualified expert or professional person who conducts a special purpose
7evaluation under sub. (2) (bm) shall, when requested to do so, provide a district
8attorney who receives a copy of the report of the special purpose evaluation and the
9department of justice with copies of or access to any documentation used by the
10expert or professional person in preparing the report, including any treatment
11records, health care records, correctional records, records of a court assigned to
12exercise jurisdiction under chs. 48 and 938, records of court proceedings under ch.
1351, records of law enforcement officers and presentence investigation reports.
AB777-ASA1,15,2015
980.015
(3r) For purposes of evaluating a case to decide whether to initiate
16commitment proceedings under this chapter or for the purpose of conducting a
17commitment proceeding under this chapter, a district attorney specified under s.
18980.02 (1) (b) or the department of justice may request copies of or access to all of the
19following concerning a person who is or has been the subject of an evaluation by an
20agency with jurisdiction under sub. (2) (am):
AB777-ASA1,15,2321
(a) Past and present treatment records, as provided under s. 51.30 (4) (b) 8s.,
22and past and present patient health care records, as provided under s. 146.82 (2)
23(cm).
AB777-ASA1,15,2524
(b) Files and records of court proceedings under ch. 51, as provided under s.
2551.30 (3) (bm).
AB777-ASA1,16,5
1(c) Records of law enforcement officers and law enforcement agencies, as
2provided under ss. 48.396 (6) and 938.396 (1k), records of a court assigned to exercise
3jurisdiction under chs. 48 and 938, as provided under ss. 48.396 (6) and 938.396 (2)
4(e), and records of the department of corrections and other agencies, as provided
5under ss. 48.78 (2) (e) and 938.78 (2) (e).
AB777-ASA1,16,66
(d) Correctional records, as provided under s. 301.355.
AB777-ASA1,16,77
(e) A presentence investigation report, as provided under s. 972.15 (6).
AB777-ASA1,16,259
980.015
(3x) A district attorney specified under s. 980.02 (1) (b) or the
10department of justice may, at any time after it receives notification of the evaluation
11of an agency with jurisdiction under sub. (2) (am), retain a qualified expert or
12professional person to evaluate the person who is the subject of the agency's
13evaluation. If a district attorney or the department of justice retains a qualified
14expert or professional person to conduct an evaluation of a person under this
15subsection, the examiner shall have reasonable access to the person for the purpose
16of the evaluation. The expert or professional person shall also have access to the
17person's past and present treatment records, as provided under s. 51.30 (4) (b) 8s.,
18past and present patient health care records, as provided under s. 146.82 (2) (cm),
19and past and present correctional records, as provided under ss. 48.78 (2) (e), 301.355
20and 938.78 (2) (e), to files and records of court proceedings under ch. 51, as provided
21under s. 51.30 (3) (bm), and the records of a court assigned to exercise jurisdiction
22under chs. 48 and 938, as provided under ss. 48.396 (6) and 938.396 (2) (e), to records
23of law enforcement officers and law enforcement agencies, as provided under ss.
2448.396 (6) and 938.396 (1k), and to presentence investigation reports, as provided
25under s. 972.15 (6).
AB777-ASA1, s. 42
1Section
42. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
2to read:
AB777-ASA1,17,73
980.14
(2) Any agency
or, officer, employe or agent of an agency
or qualified
4expert or professional person retained by a district attorney or the department of
5justice or appointed by a court to evaluate or examine a person under this chapter 6is immune from criminal or civil liability for any acts or omissions as the result of a
7good faith effort to comply with
any provision of this
section chapter.
AB777-ASA1, s. 43
8Section
43. 980.02 (1) (intro.) of the statutes is amended to read:
AB777-ASA1,17,109
980.02
(1) (intro.) A petition alleging that a person is a sexually violent person
10may be filed by one of the following
in accordance with the specified procedure:
AB777-ASA1,17,2512
980.02
(1) (a) The department of justice
at the request of. If the agency with
13jurisdiction
, as defined in s. 980.015 (1), over the person
determined in an evaluation
14under s. 980.015 (2) (am) that the person does not meet the criteria for commitment,
15the department of justice shall decide whether to file a petition under this paragraph,
16and shall inform the district attorneys specified under par. (b) of its decision as soon
17as possible, but in no case later than 45 days after it receives notice of the agency's
18evaluation. If the agency with jurisdiction over the person obtained a special purpose
19evaluation of the person under s. 980.015 (2) (bm), the department of justice shall
20decide whether to file a petition under this paragraph, and shall inform the district
21attorneys specified under par. (b) of its decision as soon as possible, but in no case
22later than 30 days after it receives a copy of the report of the special purpose
23evaluation. If the department of justice decides to file a petition under this
24paragraph, it shall file the petition before the date of the release or discharge of the
25person.
AB777-ASA1, s. 45
1Section
45. 980.02 (1) (b) (intro.) of the statutes is amended to read:
AB777-ASA1,18,32
980.02
(1) (b) (intro.) If the department of justice
does decides not
to file a
3petition under par. (a), the district attorney for one of the following:
AB777-ASA1, s. 46
4Section
46. 980.03 (2) (intro.) of the statutes is amended to read:
AB777-ASA1,18,75
980.03
(2) (intro.)
Except as provided in ss. 980.09 (2) (a) and 980.10 and
6without Without limitation by enumeration, at any hearing under this chapter, the
7person who is the subject of the petition has the right to:
AB777-ASA1,18,1610
980.031
(1) Whenever a person who is the subject of a petition filed under s.
11980.02 or who has been committed under s. 980.06 is required to submit to an
12examination
or reexamination under this chapter, he or she may retain experts or
13professional persons to perform an examination.
If the person is indigent, the court
14shall, upon the person's request, appoint a qualified and available expert or
15professional person to perform an examination and, if appropriate, participate in a
16trial or other proceeding under this chapter.
AB777-ASA1,19,8
17(3) If
the person a party retains
or the court appoints a qualified expert or
18professional person
of his or her own choice to conduct an examination
of a person
19who is the subject of a petition filed under s. 980.02 or who has been committed under
20s. 980.06, the
examiner expert or professional person shall have reasonable access
21to the person for the purpose of the examination
, as well as. The expert or
22professional person shall also have access to the person's past and present treatment
23records, as
defined in provided under s. 51.30
(1) (b), and (4) (b) 8s., past and present 24patient health care records as provided under s. 146.82 (2)
(c). If the person is
25indigent, the court shall, upon the person's request, appoint a qualified and available
1expert or professional person to perform an examination and participate in the trial
2or other proceeding on the person's behalf. (cm), and past and present correctional
3records, as provided under ss. 48.78 (2) (e), 301.355 and 938.78 (2) (e), to files and
4records of court proceedings under ch. 51, as provided under s. 51.30 (3) (bm), and
5the records of a court assigned to exercise jurisdiction under chs. 48 and 938, as
6provided under ss. 48.396 (6) and 938.396 (2) (e), to records of law enforcement
7officers and law enforcement agencies, as provided under ss. 48.396 (6) and 938.396
8(1k), and to presentence investigation reports, as provided under s. 972.15 (6).
AB777-ASA1,19,12
9(4) Upon the order of the circuit court, the county shall pay, as part of the costs
10of the action, the costs of an expert or professional person appointed by a court under
11this subsection sub. (1) to perform an examination and participate in the trial or
12other proceeding on behalf of an indigent person.
AB777-ASA1,19,16
13(5) An expert or professional person
retained by either party or appointed
to
14assist an indigent person who is subject to a petition by the court under sub. (1) may
15not be subject to any order by the court for the sequestration of witnesses at any
16proceeding under this chapter.
AB777-ASA1, s. 48
17Section
48. 980.03 (5) of the statutes is renumbered 980.038 (1) and amended
18to read:
AB777-ASA1,19,2219
980.038
(1) Testimony by telephone or live audiovisual means. Upon a
20showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
21received into the record of a hearing under this
section chapter by telephone or live
22audiovisual means.
AB777-ASA1,19,24
24980.031 (title)
Examinations.
AB777-ASA1,20,4
1980.031
(2) The department of justice or a district attorney, whichever is
2applicable, may retain an expert or professional person to examine a person who is
3the subject of a petition under s. 980.02 or who has been committed under s. 980.06
4and to testify at trial or at any other proceeding under this chapter.
AB777-ASA1,20,6
6980.036 Discovery and inspection. (1) Definitions. In this section:
AB777-ASA1,20,87
(a) "Person subject to this chapter" means a person who is subject to a petition
8filed under s. 980.02 or a person who has been committed under s. 980.06.
AB777-ASA1,20,109
(b) "Prosecuting attorney" means an attorney representing the state in a
10proceeding under this chapter.
AB777-ASA1,20,16
11(2) What a prosecuting attorney must disclose to a person subject to this
12chapter. Upon demand, a prosecuting attorney shall, within a reasonable time
13before a trial or other proceeding under this chapter, disclose to a person subject to
14this chapter or the person's attorney and permit the person or the person's attorney
15to inspect and copy or photograph all of the following materials and information, if
16the material or information is within the possession, custody or control of the state:
AB777-ASA1,20,1917
(a) Any written or recorded statement made by the person concerning the
18allegations in the petition filed under s. 980.02 or concerning other matters at issue
19in the proceeding and the names of witnesses to the person's written statements.
AB777-ASA1,20,2220
(b) A written summary of all oral statements of the person that the prosecuting
21attorney plans to use in the course of the trial or other proceeding and the names of
22witnesses to the person's oral statements.
AB777-ASA1,20,2423
(c) Any information obtained by the prosecutor under s. 980.015 (3) (b), (3m)
24(b), (3r) or (3x).
AB777-ASA1,21,2
1(d) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
2prosecuting attorney intends to use the evidence at trial.
AB777-ASA1,21,33
(e) A copy of the person's criminal record.
AB777-ASA1,21,64
(f) A list of all witnesses, and their addresses, whom the prosecuting attorney
5intends to call at the trial. This paragraph does not apply to rebuttal witnesses or
6those called for impeachment only.
AB777-ASA1,21,87
(g) Any relevant written or recorded statements of a witness named on a list
8under par. (f), including all of the following:
AB777-ASA1,21,99
1. Any videotaped oral statement of a child under s. 908.08.
AB777-ASA1,21,1110
2. Any reports or statements made in connection with the case by a person who
11conducts an evaluation or examination under this chapter.