Amendment JR2 AA22-AA1-ASA1-AB1

AB1-ASA1-AA1-AA22, s. 1151te Section 1151te. 980.015 (1) of the statutes is renumbered 980.01 (1d) and amended to read:

AB1-ASA1-AA1-AA22,2,24 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the a person.

AB1-ASA1-AA1-AA22, s. 1151tf Section 1151tf. 980.015 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,3,7 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, after determining the person's county of residence as provided under sub. (5), the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months prior to the applicable date of the following:

AB1-ASA1-AA1-AA22, s. 1151tg Section 1151tg. 980.02 (1) (a) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,3,12 980.02 (1) (a) The department of justice at the request of the agency with jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.

AB1-ASA1-AA1-AA22, s. 1151th Section 1151th. 980.02 (1) (am) of the statutes is created to read:

AB1-ASA1-AA1-AA22,3,15 980.02 (1) (am) If the department of justice does not file a petition under par. (a), the district attorney for the person's county of residence.

AB1-ASA1-AA1-AA22, s. 1151ti Section 1151ti. 980.02 (1) (b) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,3,19 980.02 (1) (b) (intro.) If the department of justice does not file a petition under par. (a), and the district attorney for the person's county of residence does not file a petition under par. (am), the district attorney for one of the following:

AB1-ASA1-AA1-AA22, s. 1151tj Section 1151tj. 980.02 (4) (c) of the statutes is created to read:

AB1-ASA1-AA1-AA22,3,21 980.02 (4) (c) The circuit court for the person's county of residence.

AB1-ASA1-AA1-AA22, s. 1151tk Section 1151tk. 980.02 (6) of the statutes is created to read:

AB1-ASA1-AA1-AA22,4,2 980.02 (6) Upon request from the district attorney for the person's county of residence, an action commenced by filing a petition under this section in a circuit court for a county other than the person's county of residence shall be transferred to the circuit court for the person's county of residence.

AB1-ASA1-AA1-AA22, s. 1151tL Section 1151tL. 980.03 (1) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,4,9 980.03 (1) The circuit court in which a petition under s. 980.02 is filed, or, if an action is transferred under s. 980.02 (6), the circuit court to which the action was transferred, shall conduct all hearings under this chapter. The court shall give the person who is the subject of the petition reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.

AB1-ASA1-AA1-AA22, s. 1151tm Section 1151tm. 980.05 (5) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,4,17 980.05 (5) If the court or jury determines that the person who is the subject of a petition under s. 980.02 is a sexually violent person, the court shall enter a judgment on that finding, shall notify the county department for the person's county of residence of that finding, and shall commit the person as provided under s. 980.06. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent person, the court shall dismiss the petition and direct that the person be released unless he or she is under some other lawful restriction.

AB1-ASA1-AA1-AA22, s. 1151tn Section 1151tn. 980.07 (2) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,4,24 980.07 (2) Any examiner conducting an examination under this section shall prepare a written report of the examination no later than 30 days after the date of the examination. The examiner shall place a copy of the report in the person's medical records and shall provide a copy of the report to the court that committed the person under s. 980.06 and to the county department for the person's county of residence.

AB1-ASA1-AA1-AA22, s. 1151to Section 1151to. 980.08 (2) of the statutes is amended to read:

AB1-ASA1-AA1-AA22,5,8 980.08 (2) If the person files a timely petition without counsel, the court shall serve a copy of the petition on the district attorney or department of justice, whichever is applicable, and on the county department for the person's county of residence and, subject to s. 980.03 (2) (a), refer the matter to the authority for indigency determinations under s. 977.07 (1) and appointment of counsel under s. 977.05 (4) (j). If the person petitions through counsel, his or her attorney shall serve the district attorney or department of justice, whichever is applicable , and the county department for the person's county of residence.

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

AB1-ASA1-AA1-AA22,5,23 980.08 (3) Within 20 days after receipt of the petition, the court shall appoint one or more examiners having the specialized knowledge determined by the court to be appropriate, who shall examine the person and furnish a written report of the examination to the court within 30 days after appointment. The examiners shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If any such examiner appointed under this subsection believes that the person is appropriate for supervised release under the criterion specified in sub. (4), the examiner shall report on the type of treatment and services that the person may need while in the community on supervised release and shall furnish a copy of the written report of the examination to the county department for the person's county of residence at the time that the examiner furnishes the report to the court. The county shall pay the costs of an examiner appointed under this subsection as provided under s. 51.20 (18) (a).

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)