Amendment JR2 AA22-AA1-ASA1-AB1

AB1-ASA1-AA1-AA22, s. 1151tq Section 1151tq. 980.08 (3m) of the statutes is created to read:

AB1-ASA1-AA1-AA22,6,11 980.08 (3m) If an examiner appointed under sub. (3) finds that a person is appropriate for supervised release and furnishes a copy of the examination report to the county department for the person's county of residence, the county department shall identify a residence in which the person may live if the court grants the person's petition under this section for supervised release. The identification of a residence by the county department is subject to approval by the department. The department shall consider the proximity of the residence identified by the county department to the residence of any other person who is the subject of a sex offender notification bulletin issued under s. 301.46 (2m) (a) or (am) before approving the residence identified by the county department. The county department shall provide the court a written description of the residence before the hearing under sub. (4).

AB1-ASA1-AA1-AA22, s. 1151tr Section 1151tr. 980.08 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 980.08 (5) (a) and amended to read:

AB1-ASA1-AA1-AA22,6,25 980.08 (5) (a) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105 and the county department for the person's county of residence. The department and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies for supervised release as provided under par. (b). If any community organization or county resident has submitted a written request to the county department to be notified whenever the county department is required to prepare a plan under par. (b), the county department shall notify that community organization or county resident within 5 days after the court notifies the county of the person's approval for supervised release.

AB1-ASA1-AA1-AA22,7,2 (b) 1. Identifies the treatment and services, if any, that the person will receive in the community. The plan shall address

AB1-ASA1-AA1-AA22,7,11 2. Addresses the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall address

AB1-ASA1-AA1-AA22,7,16 3. Addresses the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. 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 if the person is a serious child sex offender.

AB1-ASA1-AA1-AA22,7,18 4. Specifies who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented

AB1-ASA1-AA1-AA22,7,23 (e) The county and the county department shall present the plan prepared under par. (b) 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

AB1-ASA1-AA1-AA22,8,8 (f) The county department of for the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that in cooperation with the department if the other 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 any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.

AB1-ASA1-AA1-AA22, s. 1151ts Section 1151ts. 980.08 (5) (b) (intro.) and 5. of the statutes are created to read:

AB1-ASA1-AA1-AA22,8,12 980.08 (5) (b) (intro.) The department and the county department for the person's county of residence shall prepare a plan for supervised release that does all of the following:

AB1-ASA1-AA1-AA22,8,13 5. Identifies a residence where the person shall live.

AB1-ASA1-AA1-AA22, s. 1151tt Section 1151tt. 980.08 (5) (c) of the statutes is created to read:

AB1-ASA1-AA1-AA22,8,18 980.08 (5) (c) When designating a residence under par. (b) 5., the department and the county department shall consider the proximity of the designated residence to the residence of any other person who is the subject of a sex offender bulletin issued under s. 301.46 (2m) (a) or (am).

AB1-ASA1-AA1-AA22, s. 1151tu Section 1151tu. 980.08 (5) (d) of the statutes is created to read:

AB1-ASA1-AA1-AA22,8,22 980.08 (5) (d) The department may contract with a county department, another public agency, or a private agency to provide the treatment and services identified in the plan under par. (b).

AB1-ASA1-AA1-AA22, s. 1151tv Section 1151tv. 980.105 (title) of the statutes is repealed.

AB1-ASA1-AA1-AA22, s. 1151tw Section 1151tw. 980.105 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 980.015 (5) and amended to read:

AB1-ASA1-AA1-AA22,9,9 980.015 (5) The court agency with jurisdiction shall determine a person's county of residence for the purposes of this chapter by doing all of the following: in accordance with the criteria set forth in this subsection. A person's county of residence is the county in which a person's habitation was voluntarily fixed and in which the person voluntarily intended to remain on the date on which the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that is in effect when the determination under this subsection is made. A person's physical presence at a place shall be considered prima facie evidence of the person's intent to remain at that place.

AB1-ASA1-AA1-AA22, s. 1151tx Section 1151tx. 980.105 (1) and (2) of the statutes, as affected by 2001 Wisconsin Act 16, are repealed.".".

AB1-ASA1-AA1-AA22,9,12 4. Page 347, line 11: after that line insert:

AB1-ASA1-AA1-AA22,9,13 "451n. Page 444, line 11: after that line insert:

AB1-ASA1-AA1-AA22,9,14 "(8f) Placement of sexually violent persons on supervised release.

AB1-ASA1-AA1-AA22,9,18 (a) The treatment of sections 980.015 (2) (intro.) and 980.105 (intro.), (1), and (2) of the statutes and the repeal of section 980.105 (title) of the statutes first apply to notices of persons who may meet the criteria for commitment as sexually violent persons given on the effective date of this paragraph.

AB1-ASA1-AA1-AA22,9,21 (b) The treatment of sections 938.78 (2) (e), 980.02 (1) (am) and (b) (intro.), (4) (c), and (6), and 980.03 (1) of the statutes first applies to sexually violent persons petitions filed on the effective date of this paragraph.

AB1-ASA1-AA1-AA22,9,23 (c) The treatment of section 980.05 (5) of the statutes first applies to sexually violent person trials initiated on the effective date of this paragraph.

AB1-ASA1-AA1-AA22,10,2 (d) The treatment of section 980.07 (2) of the statutes first applies to reexaminations conducted on the effective date of this paragraph.

AB1-ASA1-AA1-AA22,10,6 (e) The treatment of section 980.08 (2), (3), and (3m) of the statutes, the renumbering and amendment of section 980.08 (5) of the statutes, and the creation of section 980.08 (5) (b) (intro.) 5., (c), and (d) of the statutes first apply to petitions for supervised release filed on the effective date of this paragraph.".".

AB1-ASA1-AA1-AA22,10,7 (End)