Amendment ASA1-AB777

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 777

March 16, 2000 - Offered by Committee on Judiciary and Personal Privacy.

AB777-ASA1,2,2 An Act to repeal 51.30 (4) (b) 10m.; to renumber and amend 980.015 (1), 980.015 (2) (intro.), 980.015 (2) (a), 980.015 (2) (b), 980.015 (2) (c), 980.015 (4), 980.03 (4) and 980.03 (5); to amend 48.396 (1), 48.396 (5) (a) (intro.), 51.30 (3) (a), 51.30 (3) (b), 51.30 (4) (b) 8m., 51.30 (4) (b) 11., 51.375 (1) (a), 146.82 (2) (c), 165.255, 904.04 (2), 905.04 (4) (a), 938.396 (1), 938.396 (2) (e), 938.396 (5) (a) (intro.), 938.78 (2) (e), 967.03, 972.15 (4), 978.05 (6), 980.015 (title), 980.015 (3) (intro.), 980.015 (3) (b), 980.02 (1) (intro.), 980.02 (1) (a), 980.02 (1) (b) (intro.), 980.03 (2) (intro.), 980.07 (1), 980.07 (2), 980.07 (3), 980.08 (3), 980.08 (4), 980.09 (1) (b), 980.09 (2) (a), 980.09 (2) (b), 980.10 and 980.12 (1); and to create 48.396 (6), 48.78 (2) (e), 51.30 (3) (bm), 51.30 (4) (b) 8s., 146.82 (2) (cm), 301.355, 938.35 (1) (e), 938.396 (1k), 972.15 (6), 980.015 (1) (b) (intro.), 980.015 (2) (bm), 980.015 (3m), 980.015 (3r), 980.015 (3x), 980.031 (title), 980.031 (2), 980.036, 980.038 (title), 980.038 (2), 980.038 (3), 980.07 (1g), 980.14 (title) and 980.14 (1) of the statutes; relating to: sexually violent person commitment proceedings.

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

AB777-ASA1, s. 1 Section 1. 48.396 (1) of the statutes is amended to read:

AB777-ASA1,3,2 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or, (5) or (6) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the or adult expectant mother child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB777-ASA1, s. 2 Section 2. 48.396 (5) (a) (intro.) of the statutes is amended to read:

AB777-ASA1,3,7 48.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b) or, (1d) or (6) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB777-ASA1, s. 3 Section 3. 48.396 (6) of the statutes is created to read:

AB777-ASA1,3,17 48.396 (6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by and production to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3), if the records involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. Information obtained from records under this subsection shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 4 Section 4. 48.78 (2) (e) of the statutes is created to read:

AB777-ASA1,3,25 48.78 (2) (e) Notwithstanding par. (a), an agency shall, upon request, disclose information to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3), if the information involves or relates to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. Information obtained under this paragraph shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 5 Section 5. 51.30 (3) (a) of the statutes is amended to read:

AB777-ASA1,4,4 51.30 (3) (a) Except as provided in pars. (b) and, (bm), (c) and (d), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

AB777-ASA1, s. 6 Section 6. 51.30 (3) (b) of the statutes is amended to read:

AB777-ASA1,4,11 51.30 (3) (b) An individual's attorney or guardian ad litem shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or ch. 971 or, 975 or 980.

AB777-ASA1, s. 7 Section 7. 51.30 (3) (bm) of the statutes is created to read:

AB777-ASA1,4,18 51.30 (3) (bm) The files and records of court proceedings under this chapter shall be released to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3). Information obtained from files and records under this paragraph shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 8 Section 8. 51.30 (4) (b) 8m. of the statutes is amended to read:

AB777-ASA1,4,23 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB777-ASA1, s. 9 Section 9. 51.30 (4) (b) 8s. of the statutes is created to read:

AB777-ASA1,5,5 51.30 (4) (b) 8s. To appropriate persons in accordance with ss. 980.015 (3) (b), (3m), (3r) and (3x), 980.031 (3) and 980.08 (3). Information obtained under this subdivision shall be kept confidential except to the extent that redisclosure of the information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 10 Section 10. 51.30 (4) (b) 10m. of the statutes is repealed.

AB777-ASA1, s. 11 Section 11. 51.30 (4) (b) 11. of the statutes is amended to read:

AB777-ASA1,5,12 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission, commitment or patients' rights under this chapter or ch. 48, 971 or, 975 or 980.

AB777-ASA1, s. 12 Section 12. 51.375 (1) (a) of the statutes is amended to read:

AB777-ASA1,5,17 51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975 or conditional supervised release under ch. 980.

AB777-ASA1, s. 13 Section 13. 146.82 (2) (c) of the statutes is amended to read:

AB777-ASA1,5,23 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

AB777-ASA1, s. 14 Section 14. 146.82 (2) (cm) of the statutes is created to read:

AB777-ASA1,6,6 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released to appropriate persons in accordance with ss. 980.015 (3) (b), (3m), (3r) or (3x), 980.031 (3) and 980.08 (3). Information obtained under this paragraph shall be kept confidential except to the extent that redisclosure of the information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 15 Section 15. 165.255 of the statutes is amended to read:

AB777-ASA1,6,12 165.255 Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under s. 980.02 (1), represent the state in sexually violent person commitment proceedings under ch. 980 if it files the petition to initiate the proceedings as provided under s. 980.02 (1) (a).

AB777-ASA1, s. 16 Section 16. 301.355 of the statutes is created to read:

AB777-ASA1,6,17 301.355 Access to records for sexually violent person commitment proceedings. (1) The department shall allow the following persons to have access to a departmental record relating to an individual who has been convicted of a sexually violent offense, as defined in s. 980.01 (6):

AB777-ASA1,6,18 (a) The department of health and family services.

AB777-ASA1,6,19 (b) The department of justice.

AB777-ASA1,6,21 (c) A district attorney specified in s. 980.02 (1) (b) or an agent or employe of the district attorney.

AB777-ASA1,6,23 (d) The person who is the subject of the departmental record, his or her attorney or an agent or employe of the attorney.

AB777-ASA1,6,25 (e) An expert or professional person who has been retained or appointed under ch. 980 to evaluate or examine the subject of the departmental record.

AB777-ASA1,7,3 (2) Information obtained from a departmental record under sub. (1) may be used in an evaluation, examination, trial or other proceeding under ch. 980 by any person specified in sub. (1).

AB777-ASA1, s. 17 Section 17. 904.04 (2) of the statutes is amended to read:

AB777-ASA1,7,12 904.04 (2) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. This subsection does not exclude the evidence when it is offered for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, or when it is offered at a trial or other proceeding under ch. 980 for the purpose of proving the diagnosis of a person or showing the basis of an opinion concerning the probability that a person will engage in acts of sexual violence.

AB777-ASA1, s. 18 Section 18. 905.04 (4) (a) of the statutes is amended to read:

AB777-ASA1,7,25 905.04 (4) (a) Proceedings for hospitalization, control, care and treatment of a sexually violent person, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care and treatment as a sexually violent person, guardianship, protective services or protective placement.

AB777-ASA1, s. 19 Section 19. 938.35 (1) (e) of the statutes is created to read:

AB777-ASA1,8,3 938.35 (1) (e) In a hearing, trial or other proceeding under ch. 980 relating to a juvenile.

AB777-ASA1, s. 20 Section 20. 938.396 (1) of the statutes is amended to read:

AB777-ASA1,8,22 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1k), (1m), (1r), (1t) or (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB777-ASA1, s. 21 Section 21. 938.396 (1k) of the statutes is created to read:

AB777-ASA1,9,6 938.396 (1k) A law enforcement agency shall open its records for inspection by and production to appropriate persons in accordance with ss. 980.015 (3m), (3r) and (3x), 980.031 (3) and 980.08 (3), if the records of the law enforcement agency involve or relate to an individual who is the subject of or who is being evaluated for a proceeding under ch. 980. Information obtained from a law enforcement agency's records under this subsection shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 22 Section 22. 938.396 (2) (e) of the statutes is amended to read:

AB777-ASA1,9,19 938.396 (2) (e) Upon request of the department of corrections to review court records for the purpose of providing, an appropriate person under s. 980.015 (3) (a) (3m), (3r) and (3x), 980.031 (3) and 980.08 (3) for the purpose of conducting an evaluation, examination or proceeding under ch. 980, the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections the appropriate person the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6). Information obtained from a law enforcement agency's records under this subsection shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 23 Section 23. 938.396 (5) (a) (intro.) of the statutes is amended to read:

AB777-ASA1,9,24 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1k), (1m), (1r) or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB777-ASA1, s. 24 Section 24. 938.78 (2) (e) of the statutes is amended to read:

AB777-ASA1,10,11 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 appropriate persons under ss. 980.015 (3m), (3r) or (3x), 980.031 (3) and 980.08 (3) or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph Information obtained from the department under this paragraph shall be kept confidential except as necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

AB777-ASA1, s. 25 Section 25. 967.03 of the statutes is amended to read:

AB777-ASA1,10,15 967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties are imposed upon district attorneys, the same powers and duties may be discharged by any of their duly qualified deputies or assistants.

AB777-ASA1, s. 26 Section 26. 972.15 (4) of the statutes is amended to read:

AB777-ASA1,10,20 972.15 (4) After sentencing, unless otherwise authorized under sub. subs. (5) and (6) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

AB777-ASA1, s. 27 Section 27. 972.15 (6) of the statutes is created to read:

AB777-ASA1,10,24 972.15 (6) The presentence investigation report and any information contained in it may be used by any of the following persons in an evaluation, examination, hearing, trial or other proceeding under ch. 980:

AB777-ASA1,10,25 (a) The department of corrections.

AB777-ASA1,11,1 (b) The department of health and family services.

AB777-ASA1,11,3 (c) The person who is the subject of the presentence investigation report, his or her attorney or an agent or employe of the attorney.

AB777-ASA1,11,4 (d) The attorney representing the state or an agent or employe of the attorney.

AB777-ASA1,11,6 (e) An expert or professional person who has been retained or appointed to evaluate or examine the subject of the presentence investigation report.

AB777-ASA1, s. 28 Section 28. 978.05 (6) of the statutes is amended to read:

AB777-ASA1,11,20 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and, 979 and 980 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB777-ASA1, s. 29 Section 29. 980.015 (title) of the statutes is amended to read:

AB777-ASA1,11,24 980.015 (title) Notice Evaluations of persons who may meet commitment criteria; notice to the department of justice and district attorney.

AB777-ASA1, s. 30 Section 30. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and amended to read:

AB777-ASA1,12,3 980.015 (1) (intro.) In this section, "agency and s. 980.02:

AB777-ASA1,12,5 (a) "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.

AB777-ASA1, s. 31 Section 31. 980.015 (1) (b) (intro.) of the statutes is created to read:

AB777-ASA1,12,8 980.015 (1) (b) (intro.) "Anticipated release date" means whichever of the following is applicable:

AB777-ASA1, s. 32 Section 32. 980.015 (2) (intro.) of the statutes is renumbered 980.015 (2) (am) and amended to read:

AB777-ASA1,12,22 980.015 (2) (am) If an agency with jurisdiction has control or custody over a person who meets any of the criteria specified in s. 980.02 (2) (a), the agency with jurisdiction shall, as soon as possible beginning 180 days before the anticipated release date of the person, evaluate whether the person may meet the criteria for commitment as a sexually violent person or whether the person does not meet the criteria for commitment as a sexually violent person. As soon as possible, but in no case later than 15 days after the completion of its evaluation, the agency with jurisdiction shall inform each appropriate district attorney specified under s. 980.02 (1) (b) and the department of justice regarding the person as soon as possible beginning 3 months prior to the applicable date of the following: whether the agency with jurisdiction has determined that the person may meet the criteria for commitment or that the person does not meet the criteria for commitment.

AB777-ASA1, s. 33 Section 33. 980.015 (2) (a) of the statutes is renumbered 980.015 (1) (b) 1. and amended to read:

AB777-ASA1,13,3 980.015 (1) (b) 1. The anticipated date of discharge from a sentence, anticipated date of release on parole or extended supervision or anticipated date of release from imprisonment of a person who has been convicted of a sexually violent offense.

AB777-ASA1, s. 34 Section 34. 980.015 (2) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 980.015 (1) (b) 2. and amended to read:

AB777-ASA1,13,10 980.015 (1) (b) 2. The anticipated date of release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB777-ASA1, s. 35 Section 35. 980.015 (2) (bm) of the statutes is created to read:

AB777-ASA1,13,25 980.015 (2) (bm) If an agency with jurisdiction determines in an evaluation under par. (am) that the person may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall obtain a special purpose evaluation of the person by a qualified expert or professional person, who shall make a recommendation as to whether a commitment proceeding under this chapter should be initiated. A qualified expert or professional person who conducts a special purpose evaluation under this paragraph shall make a written report of his or her evaluation to the agency with jurisdiction as soon as possible after completing the evaluation. The report shall specify the recommendation of the qualified expert or professional person and the bases for the recommendation. The agency with jurisdiction shall, as soon as possible but in no case later than 5 days after it receives the report, provide each district attorney specified under s. 980.02 (1) (b) and the department of justice with a copy of the report of the qualified expert or professional person who conducted the special purpose evaluation.

AB777-ASA1, s. 36 Section 36. 980.015 (2) (c) of the statutes is renumbered 980.015 (1) (b) 3. and amended to read: