LRBb2657/1
RLR:hmh:jf
January 2002 Special Session
2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 22,
TO ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
March 14, 2002 - Offered by Representatives Young, Williams and Morris-Tatum.
AB1-ASA1-AA1-AA22,1,95
51.30
(4) (b) 10m. To the department of justice or a district attorney under s.
6980.015 (3) (b), if the treatment records are maintained by an agency with
7jurisdiction, as defined in s.
980.015 (1) 980.01 (1d), that has control or custody over
8a person who may meet the criteria for commitment as a sexually violent person
9under ch. 980.".".
AB1-ASA1-AA1-AA22,2,102
938.78
(2) (e) Paragraph (a) does not prohibit the department from disclosing
3information about an individual adjudged delinquent under s. 938.183 or 938.34 for
4a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or
5a district attorney or a judge acting under ch. 980 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
, or, if an action filed under s. 980.02 is transferred to another court
8under s. 980.02 (6), the court to which the action is transferred, may issue any
9protective orders that it determines are appropriate concerning information
10disclosed under this paragraph.".".
AB1-ASA1-AA1-AA22,2,1615
980.01
(1g) "County department" means a county department of community
16programs created in accordance with s. 51.42 (3) (a).
AB1-ASA1-AA1-AA22,2,2018
980.01
(1m) "County of residence" means the county in which a person is
19considered to reside for purposes of this chapter as determined under s. 980.015 by
20the agency with jurisdiction.
AB1-ASA1-AA1-AA22,2,2423
980.01
(1d) In this section, "agency "Agency with jurisdiction" means the
24agency with the authority or duty to release or discharge
the a person.
AB1-ASA1-AA1-AA22,3,72
980.015
(2) (intro.) If an agency with jurisdiction has control or custody over
3a person who may meet the criteria for commitment as a sexually violent person,
4after determining the person's county of residence as provided under sub. (5), the
5agency with jurisdiction shall inform each appropriate district attorney and the
6department of justice regarding the person as soon as possible beginning 3 months
7prior to the applicable date of the following:
AB1-ASA1-AA1-AA22,3,129
980.02
(1) (a) The department of justice at the request of the agency with
10jurisdiction
, as defined in s. 980.015 (1), over the person. If the department of justice
11decides to file a petition under this paragraph, it shall file the petition before the date
12of the release or discharge of the person.
AB1-ASA1-AA1-AA22,3,1514
980.02
(1) (am) If the department of justice does not file a petition under par.
15(a), the district attorney for the person's county of residence.
AB1-ASA1-AA1-AA22,3,1917
980.02
(1) (b) (intro.) If the department of justice does not file a petition under
18par. (a)
, and the district attorney for the person's county of residence does not file a
19petition under par. (am), the district attorney for one of the following:
AB1-ASA1-AA1-AA22,3,2121
980.02
(4) (c) The circuit court for the person's county of residence.
AB1-ASA1-AA1-AA22,4,223
980.02
(6) Upon request from the district attorney for the person's county of
24residence, an action commenced by filing a petition under this section in a circuit
1court for a county other than the person's county of residence shall be transferred to
2the circuit court for the person's county of residence.
AB1-ASA1-AA1-AA22,4,94
980.03
(1) The circuit court in which a petition under s. 980.02 is filed
, or, if an
5action is transferred under s. 980.02 (6), the circuit court to which the action was
6transferred, shall conduct all hearings under this chapter. The court shall give the
7person who is the subject of the petition reasonable notice of the time and place of
8each such hearing. The court may designate additional persons to receive these
9notices.
AB1-ASA1-AA1-AA22,4,1711
980.05
(5) If the court or jury determines that the person who is the subject of
12a petition under s. 980.02 is a sexually violent person, the court shall enter a
13judgment on that finding
, shall notify the county department for the person's county
14of residence of that finding, and shall commit the person as provided under s. 980.06.
15If the court or jury is not satisfied beyond a reasonable doubt that the person is a
16sexually violent person, the court shall dismiss the petition and direct that the
17person be released unless he or she is under some other lawful restriction.
AB1-ASA1-AA1-AA22,4,2419
980.07
(2) Any examiner conducting an examination under this section shall
20prepare a written report of the examination no later than 30 days after the date of
21the examination. The examiner shall place a copy of the report in the person's
22medical records and shall provide a copy of the report to the court that committed the
23person under s. 980.06
and to the county department for the person's county of
24residence.
AB1-ASA1-AA1-AA22,5,8
1980.08
(2) If the person files a timely petition without counsel, the court shall
2serve a copy of the petition on the district attorney or department of justice,
3whichever is applicable
, and on the county department for the person's county of
4residence and, subject to s. 980.03 (2) (a), refer the matter to the authority for
5indigency determinations under s. 977.07 (1) and appointment of counsel under s.
6977.05 (4) (j). If the person petitions through counsel, his or her attorney shall serve
7the district attorney or department of justice, whichever is applicable
, and the county
8department for the person's county of residence.
AB1-ASA1-AA1-AA22,5,2310
980.08
(3) Within 20 days after receipt of the petition, the court shall appoint
11one or more examiners having the specialized knowledge determined by the court to
12be appropriate, who shall examine the person and furnish a written report of the
13examination to the court within 30 days after appointment. The examiners shall
14have reasonable access to the person for purposes of examination and to the person's
15past and present treatment records, as defined in s. 51.30 (1) (b), and patient health
16care records, as provided under s. 146.82 (2) (c). If any
such examiner
appointed
17under this subsection believes that the person is appropriate for supervised release
18under the criterion specified in sub. (4), the examiner shall report on the type of
19treatment and services that the person may need while in the community on
20supervised release
and shall furnish a copy of the written report of the examination
21to the county department for the person's county of residence at the time that the
22examiner furnishes the report to the court. The county shall pay the costs of an
23examiner appointed under this subsection as provided under s. 51.20 (18) (a).
AB1-ASA1-AA1-AA22,6,11
1980.08
(3m) If an examiner appointed under sub. (3) finds that a person is
2appropriate for supervised release and furnishes a copy of the examination report to
3the county department for the person's county of residence, the county department
4shall identify a residence in which the person may live if the court grants the person's
5petition under this section for supervised release. The identification of a residence
6by the county department is subject to approval by the department. The department
7shall consider the proximity of the residence identified by the county department to
8the residence of any other person who is the subject of a sex offender notification
9bulletin issued under s. 301.46 (2m) (a) or (am) before approving the residence
10identified by the county department. The county department shall provide the court
11a written description of the residence before the hearing under sub. (4).
AB1-ASA1-AA1-AA22,6,2514
980.08
(5) (a) If the court finds that the person is appropriate for supervised
15release, the court shall notify the department
. The department shall make its best
16effort to arrange for placement of the person in a residential facility or dwelling that
17is in the person's county of residence, as determined by the department under s.
18980.105 and the county department for the person's county of residence. The
19department and the county department
under s. 51.42 in the county of residence of
20the person shall prepare a plan
that identifies
for supervised release as provided
21under par. (b). If any community organization or county resident has submitted a
22written request to the county department to be notified whenever the county
23department is required to prepare a plan under par. (b), the county department shall
24notify that community organization or county resident within 5 days after the court
25notifies the county of the person's approval for supervised release.
AB1-ASA1-AA1-AA22,7,2
1(b) 1. Identifies the treatment and services, if any, that the person will receive
2in the community.
The plan shall address
AB1-ASA1-AA1-AA22,7,11
32. Addresses the person's need, if any, for supervision, counseling, medication,
4community support services, residential services, vocational services, and alcohol or
5other drug abuse treatment.
In developing a plan for where the person may reside
6while on supervised release, the department shall consider the proximity of any
7potential placement to the residence of other persons on supervised release and to
8the residence of persons who are in the custody of the department of corrections and
9regarding whom a sex offender notification bulletin has been issued to law
10enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child
11sex offender, the plan shall address
