AB861-ASA2, s. 104 13Section 104. 980.08 of the statutes is repealed and recreated to read:
AB861-ASA2,45,18 14980.08 Supervised release; procedures, implementation, revocation.
15(1) If the court determines under s. 980.07 (7) that supervised release is appropriate,
16the court shall order the county department under s. 51.42 in the county of intended
17placement to assist the department of health and family services in implementing
18the supervised release placement.
AB861-ASA2,45,21 19(2) The department shall file with the court any additional rules of supervision
20not inconsistent with the rules or conditions imposed by the court within 10 days of
21imposing the rule.
AB861-ASA2,45,23 22(3) If the department wishes to change a rule or condition of supervision
23imposed by the court, it must obtain the court's approval.
AB861-ASA2,46,7 24(4) An order granting supervised release places the person in the care, control,
25and custody of the department. The department shall arrange for the care, control,

1and treatment of the person in the least restrictive manner consistent with the
2requirements of the person and in accordance with the order for supervised release.
3Before a person is actually released under this section, the court shall notify the
4municipal police department and county sheriff for the municipality and county in
5which the person will be residing. The notification requirement under this
6subsection does not apply if a municipal police department or county sheriff submits
7to the court a written statement waiving the right to be notified.
AB861-ASA2,46,11 8(5) (a) If the department concludes that a person on supervised release, or
9awaiting placement on supervised release, violated or threatened to violate a rule of
10supervised release, it may petition for revocation of the order granting supervised
11release. The department may also detain the person.
AB861-ASA2,46,1512 (b) If the department concludes that a person on supervised release, or
13awaiting placement on supervised release, is a threat to the safety of others, it shall
14detain the person and petition for revocation of the order granting supervised
15release.
AB861-ASA2,47,216 (c) If the department concludes that the order granting supervised release
17should be revoked, it shall file a statement alleging the violation and a petition to
18revoke the order for supervised release with the committing court and provide a copy
19of each to the regional office of the state public defender responsible for handling
20cases in the county where the committing court is located. If the department has
21detained the person under par. (a) or (b), the department shall file the statement and
22the petition and provide them to the state public defender within 72 hours after the
23detention, excluding Saturdays, Sundays, and legal holidays. The court shall refer
24the matter to the authority for indigency determinations under s. 977.07 (1) and

1appointment of counsel under s. 977.05 (4) (j). The determination of indigency and
2the appointment of counsel shall be done as soon as circumstances permit.
AB861-ASA2,47,73 (d) The court shall hear the petition within 30 days, unless the hearing or time
4deadline is waived. A final decision on the petition to revoke shall be made within
590 days of the filing of the petition. Pending the final revocation hearing, the
6department may detain the person in the county jail or return him or her to
7institutional care.
AB861-ASA2,47,13 8(6) (a) If the court finds after a hearing, by clear and convincing evidence, that
9any rule has been violated and the court finds that the violation of the rule merits
10the revocation of the order granting supervised release, the court may revoke the
11order for supervised release and order that the person be placed in institutional care.
12The person shall remain in institutional care until he or she is discharged from the
13commitment or again placed on supervised release.
AB861-ASA2,47,1814 (b) If the court finds after a hearing, by clear and convincing evidence, that the
15safety of others requires that supervised release be revoked, the court shall revoke
16the order granting supervised release and order that the person be placed in
17institutional care. The person shall remain in institutional care until he or she is
18discharged from the commitment or again placed on supervised release.
AB861-ASA2, s. 105 19Section 105. 980.09 (title) of the statutes is amended to read:
AB861-ASA2,47,21 20980.09 (title) Petition for discharge; procedure with department's
21approval
.
AB861-ASA2, s. 106 22Section 106. 980.09 (1) (title) of the statutes is repealed.
AB861-ASA2, s. 107 23Section 107. 980.09 (1) (a) of the statutes is renumbered 980.09 (1) and
24amended to read:
AB861-ASA2,48,8
1980.09 (1) If the secretary department determines at any time that a person
2committed under this chapter is no longer does not meet the criteria for commitment
3as
a sexually violent person, the secretary department shall authorize the person to
4petition the committing court for discharge. The person department shall file the
5petition with the court and serve a copy upon the department of justice or the district
6attorney's office that filed the petition under s. 980.02 (1), whichever is applicable.
7The court, upon receipt of the petition for discharge, shall order a hearing to be held
8within 45 90 days after the date of receipt of the petition.
AB861-ASA2, s. 108 9Section 108. 980.09 (1) (b) of the statutes is renumbered 980.09 (2m) and
10amended to read:
AB861-ASA2,48,1711 980.09 (2m) At a hearing under this subsection section, the district attorney
12or the department of justice, whichever filed the original petition, shall represent the
13state and shall have the right to have the petitioner examined by an expert or
14professional person of his, her or its choice. The hearing shall be before the court
15without a jury.
The state has the burden of proving by clear and convincing evidence
16that the petitioner is still currently meets the criteria for commitment as a sexually
17violent person.
AB861-ASA2, s. 109 18Section 109. 980.09 (1) (c) of the statutes is renumbered 980.09 (3) and
19amended to read:
AB861-ASA2,48,2520 980.09 (3) If the court is satisfied that the state has not met its burden of proof
21under par. (b) sub. (2m), the petitioner shall be discharged from the custody or
22supervision
of the department. If the court is satisfied that the state has met its
23burden of proof under par. (b) sub. (2m), the court may proceed under 980.07 (7) (b)
24to (d)
to determine, using the criterion specified in s. 980.08 (4), whether to modify
25the petitioner's existing commitment order by authorizing supervised release.
AB861-ASA2, s. 110
1Section 110. 980.09 (2) of the statutes is repealed.
AB861-ASA2, s. 111 2Section 111. 980.093 of the statutes is created to read:
AB861-ASA2,49,8 3980.093 Petition for discharge without department's approval. (1)
4Petitions in general. A committed person may petition the committing court for
5discharge without the department's approval. The court shall deny the petition
6under this section without a hearing unless the petition alleges facts from which the
7court or jury may conclude the person's condition has changed so that the person does
8not meet the criteria for commitment as a sexually violent person.
AB861-ASA2,49,18 9(2) Court review of petition. The court shall review the petition within 30
10days and the court may hold a hearing to determine if it contains facts from which
11the court or jury may conclude that the person does not meet the criteria for
12commitment as a sexually violent person. In determining under this subsection
13whether facts exist that might warrant such a conclusion, the court shall consider
14any current or past reports filed under s. 980.07, relevant arguments in the petition
15and in the state's written response, and any supporting documentation provided by
16the person or the state. If the court determines that the petition does not contain
17facts from which a court or jury may conclude that the person does not meet the
18criteria for commitment, the court shall deny the petition.
AB861-ASA2,49,23 19(3) Hearing. The court shall hold a hearing within 90 days of the determination
20that the petition contains facts from which the court or jury may conclude that the
21person does not meet the criteria for commitment as a sexually violent person. The
22state has the burden of proving by clear and convincing evidence that the person
23meets the criteria for commitment as a sexually violent person.
AB861-ASA2,50,4 24(4) Disposition. If the court or jury is satisfied that the state has not met its
25burden of proof under sub. (3), the petitioner shall be discharged from the custody

1of the department. If the court or jury is satisfied that the state has met its burden
2of proof under sub. (3), the court may proceed under s. 980.07 (7) (b) to (d) to
3determine whether to modify the petitioner's existing commitment order by
4authorizing supervised release.
AB861-ASA2, s. 112 5Section 112. 980.095 of the statutes is created to read:
AB861-ASA2,50,10 6980.095 Procedures for discharge hearings. (1) Use of juries. (a) The
7district attorney or the department of justice, whichever filed the original petition,
8or the petitioner or his or her attorney may request that a hearing under s. 980.093
9or 980.096 be to a jury of 6. A jury trial is deemed waived unless it is demanded
10within 10 days of the filing of the petition for discharge.
AB861-ASA2,50,1811 (b) Juries shall be selected and treated in the same manner as they are selected
12and treated in civil actions in circuit court. The number of jurors prescribed in
13par.(a), plus the number of peremptory challenges available to all of the parties, shall
14be called initially and maintained in the jury box by calling others to replace jurors
15excused for cause until all jurors have been examined. The parties shall thereupon
16exercise in their order, the state beginning, the peremptory challenges available to
17them, and if any party declines to challenge, the challenge shall be made by the clerk
18by lot.
AB861-ASA2,50,2019 (c) No verdict shall be valid or received unless it is agreed to by at least 5 of the
20jurors.
AB861-ASA2,50,25 21(2) Department's right to be heard. The department of justice shall represent
22the department of health and family services at any discharge hearing unless the
23departments have adverse interest. If the departments have adverse interests, the
24department of health and family services shall be represented at the hearing by its
25agency counsel or an attorney that it retains.
AB861-ASA2,51,2
1(3) Post verdict motions. Motions after verdict may be made without further
2notice upon receipt of the verdict.
AB861-ASA2,51,4 3(4) Appeals. Any party may appeal an order under this subsection as a final
4order under chs. 808 and 809.
AB861-ASA2, s. 113 5Section 113. 980.10 of the statutes is repealed.
AB861-ASA2, s. 114 6Section 114. 980.101 (2) (a) of the statutes is amended to read:
AB861-ASA2,51,127 980.101 (2) (a) If the sexually violent offense was the sole basis for the
8allegation under s. 980.02 (2) (a) and there are no other judgments relating to a
9sexually violent offense committed by the person, the court shall reverse, set aside,
10or vacate the judgment under s. 980.05 (5) that the person is a sexually violent
11person, vacate the commitment order, and discharge the person from the custody or
12supervision
of the department.
AB861-ASA2, s. 115 13Section 115. 980.11 (2) (intro.) of the statutes is amended to read:
AB861-ASA2,51,1614 980.11 (2) (intro.) If the court places a person on supervised release under s.
15980.08 or discharges a person under s. 980.09 or 980.10 980.093, the department
16shall do all of the following:
AB861-ASA2, s. 116 17Section 116. 980.12 (1) of the statutes is amended to read:
AB861-ASA2,51,2118 980.12 (1) Except as provided in ss. 980.03 (4) 980.031 (3) and 980.08 (3), the
19department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all
20costs relating to the evaluation, treatment, and care of persons evaluated or
21committed under this chapter.
AB861-ASA2, s. 117 22Section 117. 980.14 (title) of the statutes is created to read:
AB861-ASA2,51,23 23980.14 (title) Immunity.
AB861-ASA2, s. 118 24Section 118. 980.14 (1) of the statutes is created to read:
AB861-ASA2,52,3
1980.14 (1) In this section, "agency" means the department of corrections, the
2department of health and family services, the department of justice, or a district
3attorney.
AB861-ASA2, s. 119 4Section 119. Nonstatutory provisions.
AB861-ASA2,52,13 5(1) In this section, "facility for children" means a public or private school, a
6group home, as defined in section 48.02 (7) of the statutes, a residential care center
7for children and youth, as defined in section 48.02 (15d) of the statutes, a shelter care
8facility, as defined in section 48.02 (17) of the statutes, a foster home, as defined in
9section 48.02 (6) of the statutes, a treatment foster home, as defined in section 48.02
10(17q) of the statutes, a day care center licensed under section 48.65 of the statutes,
11a day care program established under section 120.13 (14) of the statutes, a day care
12provider certified under section 48.651 of the statutes, or a youth center, as defined
13in section 961.01 (22) of the statutes.
AB861-ASA2,52,1714 (2) (a) There is created a committee to assist the state in determining the
15location for the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1.,
16that will be a transitional facility for the housing of persons committed to the custody
17of the department of health and family services under chapter 980 of the statutes.
AB861-ASA2,52,1918 (b) The departments of corrections and health and family services shall provide
19necessary administrative support services to the committee.
AB861-ASA2,52,2320 (c) The department of administration shall reimburse members of the
21committee for their actual and necessary expenses incurred in carrying out their
22functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within
23the budget authorized under section 16.40 (14) of the statutes.
AB861-ASA2,52,2424 (d) The members of the committee shall be:
AB861-ASA2,53,2
11. The chairperson of the Milwaukee County board of supervisors or his or her
2designee.
AB861-ASA2,53,3 32. The chief of police of the city of Milwaukee or his or her designee.
AB861-ASA2,53,4 43. The county executive of Milwaukee County or his or her designee.
AB861-ASA2,53,5 54. The district attorney of Milwaukee County or his or her designee.
AB861-ASA2,53,6 65. The mayor of the city of Milwaukee or his or her designee.
AB861-ASA2,53,7 76. The sheriff of Milwaukee County or his or her designee.
AB861-ASA2,53,9 87. One representative of the Milwaukee County Law Enforcement Executives
9Association who is not from the city of Milwaukee.
AB861-ASA2,53,11 108. One representative of the Intergovernmental Cooperation Council who is not
11from the city of Milwaukee.
AB861-ASA2,53,14 129. Three persons, other than elected officials, who are residents of Milwaukee
13County but two of whom may not be residents of the city of Milwaukee, to be
14appointed by the governor.
AB861-ASA2,53,16 1510. Four persons, other than elected officials, who are residents of Milwaukee
16County, to be appointed as follows:
AB861-ASA2,53,18 17a. One by the speaker of the assembly and one by the majority leader of the
18senate, appointed before the appointments in subdivision 10. b .
AB861-ASA2,54,4 19b. One by the minority leader of the assembly and one by the minority leader
20of the senate. If the speaker of the assembly appointed a resident of the city of
21Milwaukee, the minority leader of the assembly may not appoint a resident of the city
22of Milwaukee. If the speaker of the assembly appointed a person who is not a resident
23of the city of Milwaukee, the minority leader of the assembly may not appoint a
24person who is not a resident of the city of Milwaukee. If the majority leader of the
25senate appointed a resident of the city of Milwaukee, the minority leader of the

1senate may not appoint a resident of the city of Milwaukee. If the majority leader
2of the senate appointed a person who is not a resident of the city of Milwaukee, the
3minority leader of the senate may not appoint a person who is not a resident of the
4city of Milwaukee.
AB861-ASA2,54,6 5(e) The committee shall elect the chair of the committee from the individuals
6appointed under paragraph (d) 9. and 10 .
AB861-ASA2,54,11 7(f ) No later than June 1, 2004, the department of health and family services
8shall provide the committee an estimate of the maximum number of persons likely
9to be placed in Milwaukee County on supervised release under section 980.06, 1997
10stats., or section 980.08 of the statutes at any one time between that date and
11February 1, 2009.
AB861-ASA2,54,1512 (g) The committee shall hold public hearings in Milwaukee County regarding
13the selection of a location of the facility. The committee shall consider all of the
14following factors when determining the criteria for the location of the facility or when
15determining specific locations for the facility:
AB861-ASA2,54,16 161. Community safety.
AB861-ASA2,54,17 172. Proximity to sensitive locations.
AB861-ASA2,54,18 183. Ability to make the facility secure.
AB861-ASA2,54,19 194. Accessibility to treatment for the persons living in the facility.
AB861-ASA2,54,20 205. Payments that may be made in lieu of property taxes.
AB861-ASA2,54,22 216. Availability of tax incentives to a community to locate the facility within its
22jurisdiction.
AB861-ASA2,54,23 237. Proximity of the placement to all of the following:
AB861-ASA2,54,24 24a. The residence of other persons on supervised release.
AB861-ASA2,55,3
1b . The residence of persons who are in the custody of the department of
2corrections and regarding whom a sex offender notification bulletin has been issued
3to law enforcement agencies under section 301.46 (2m) (a) or (am) of the statutes.
AB861-ASA2,55,4 4c. Any facility for children of which the committee is aware.
AB861-ASA2,55,5 5d. Any residential subdivision.
AB861-ASA2,55,14 6(h) No later than December 31, 2004, the committee shall submit a report to
7the departments of corrections and health and family services recommending at
8least 3 specific locations that the committee determines are appropriate for the
9placement of the facility. The report shall list the strengths and weaknesses of each
10location the committee recommends. Each of the locations shall be suitable for the
11development of a facility that can house at least the number of persons set forth in
12the estimate submitted to the committee under paragraph (f). When considering
13locations, the committee shall make a reasonable effort to reach and to maximize
14consensus among its members.
AB861-ASA2, s. 120 15Section 120. Initial applicability.
AB861-ASA2,55,2016 (1) This act first applies to reviews regarding detention and probable cause
17hearings under section 980.04 of the statutes, as affected by this act, and trials under
18section 980.05 of the statutes, as affected by this act, that are based on a petition filed
19under s. 980.02 of the statutes, as affected by this act, on the effective date of this
20subsection.
AB861-ASA2,55,2321 (2) This act first applies to periodic reexaminations conducted under section
22980.07 of the statutes, as affected by this act, begun on the effective date of this
23subsection and to court proceedings resulting from those reexaminations.
AB861-ASA2,56,424 (3) This act first applies to proceedings to revoke supervised release under
25section 980.08 (5) of the statutes, as affected by this act, that are commenced on the

1effective date of this subsection, except that the treatment of section 980.08 (5) of the
2statutes, with respect to where a person may be detained while a petition to revoke
3supervised release is pending, first applies to a person whose detention commences
4on the effective date of this subsection.
AB861-ASA2,56,65 (4) This act first applies to discharge proceedings commenced on the effective
6date of this subsection.
AB861-ASA2, s. 121 7Section 121. Effective date.
AB861-ASA2,56,98 (1) This act takes effect on the first day of the 2nd month beginning after
9publication.
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