AB1-ASA1-AA49,2,39
302.11
(1g) (b) 2. Refusal by the inmate to participate in counseling or
10treatment that the social service and clinical staff of the institution determines is
11necessary for the inmate
, including pharmacological treatment using an
12antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
1child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not
2deny presumptive mandatory release to an inmate because of the inmate's refusal
3to participate in a rehabilitation program under s. 301.047.".
AB1-ASA1-AA49,3,48
980.08
(4) The court, without a jury, shall hear the petition within 30 days after
9the report of the court-appointed examiner is filed with the court, unless the
10petitioner waives this time limit. Expenses of proceedings under this subsection
11shall be paid as provided under s. 51.20 (18) (b), (c)
, and (d). The court shall grant
12the petition unless the state proves by clear and convincing evidence that the person
13is still a sexually violent person and that it is still substantially probable that the
14person will engage in acts of sexual violence if the person is not continued in
15institutional care. In making a decision under this subsection, the court may
16consider, without limitation because of enumeration, the nature and circumstances
17of the behavior that was the basis of the allegation in the petition under s. 980.02 (2)
18(a), the person's mental history and present mental condition, where the person will
19live, how the person will support himself or herself
, and what arrangements are
20available to ensure that the person has access to and will participate in necessary
21treatment
, including pharmacological treatment using an antiandrogen or the
22chemical equivalent of an antiandrogen if the person is a serious child sex offender.
23A decision under this subsection on a petition filed by a person who is a serious child
24sex offender may not be made based on the fact that the person is a proper subject
1for pharmacological treatment using an antiandrogen or the chemical equivalent of
2an antiandrogen or on the fact that the person is willing to participate in
3pharmacological treatment using an antiandrogen or the chemical equivalent of an
4antiandrogen.
AB1-ASA1-AA49,4,147
980.08
(5) If the court finds that the person is appropriate for supervised
8release, the court shall notify the department. The department shall make its best
9effort to arrange for placement of the person in a residential facility or dwelling that
10is in the person's county of residence, as determined by the department under s.
11980.105. The department and the county department under s. 51.42 in the county
12of residence of the person shall prepare a plan that identifies the treatment and
13services, if any, that the person will receive in the community. The plan shall address
14the person's need, if any, for supervision, counseling, medication, community support
15services, residential services, vocational services, and alcohol or other drug abuse
16treatment. In developing a plan for where the person may reside while on supervised
17release, the department shall consider the proximity of any potential placement to
18the residence of other persons on supervised release and to the residence of persons
19who are in the custody of the department of corrections and regarding whom a sex
20offender notification bulletin has been issued to law enforcement agencies under s.
21301.46 (2m) (a) or (am).
If the person is a serious child sex offender, the plan shall
22address the person's need for pharmacological treatment using an antiandrogen or
23the chemical equivalent of an antiandrogen. The department may contract with a
24county department, under s. 51.42 (3) (aw) 1. d., with another public agency
, or with
25a private agency to provide the treatment and services identified in the plan. The
1plan shall specify who will be responsible for providing the treatment and services
2identified in the plan. The plan shall be presented to the court for its approval within
360 days after the court finding that the person is appropriate for supervised release,
4unless the department, county department
, and person to be released request
5additional time to develop the plan. If the county department of the person's county
6of residence declines to prepare a plan, the department may arrange for another
7county to prepare the plan if that county agrees to prepare the plan and if the person
8will be living in that county. If the department is unable to arrange for another
9county to prepare a plan, the court shall designate a county department to prepare
10the plan, order the county department to prepare the plan
, and place the person on
11supervised release in that county, except that the court may not so designate the
12county department in any county where there is a facility in which persons
13committed to institutional care under this chapter are placed unless that county is
14also the person's county of residence.
AB1-ASA1-AA49,4,23
20"(1z)
Antiandrogen treatment. The authorized FTE positions for the
21department of corrections, funded from the appropriation under section 20.410 (1)
22(bm) of the statutes, are decreased by 1.0 GPR position for the pharmacological
23treatment program for child sex offenders.".
AB1-ASA1-AA49,5,3
1"(1z)
Antiandrogen treatment. The treatment of sections 20.410 (1) (bm),
2301.03 (11), 302.11 (1g) (b) 2., 304.06 (1q), 980.08 (4) and (5), and 980.12 (title), (1),
3and (2) of the statutes and
Section 9111 (1z) of this act take effect on July 1, 2002.".
