Amendment ASA1-SB441

SB441-ASA1, s. 117 Section 117. 980.14 (title) of the statutes is created to read:

SB441-ASA1,51,23 980.14 (title) Immunity.

SB441-ASA1, s. 118 Section 118. 980.14 (1) of the statutes is created to read:

SB441-ASA1,52,3 980.14 (1) In this section, "agency" means the department of corrections, the department of health and family services, the department of justice, or a district attorney.

SB441-ASA1, s. 119 Section 119. Nonstatutory provisions.

SB441-ASA1,52,13 (1) In this section, "facility for children" means a public or private school, a group home, as defined in section 48.02 (7) of the statutes, a residential care center for children and youth, as defined in section 48.02 (15d) of the statutes, a shelter care facility, as defined in section 48.02 (17) of the statutes, a foster home, as defined in section 48.02 (6) of the statutes, a treatment foster home, as defined in section 48.02 (17q) of the statutes, a day care center licensed under section 48.65 of the statutes, a day care program established under section 120.13 (14) of the statutes, a day care provider certified under section 48.651 of the statutes, or a youth center, as defined in section 961.01 (22) of the statutes.

SB441-ASA1,52,17 (2) (a) There is created a committee to assist the state in determining the location for the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1., that will be a transitional facility for the housing of persons committed to the custody of the department of health and family services under chapter 980 of the statutes.

SB441-ASA1,52,19 (b) The departments of corrections and health and family services shall provide necessary administrative support services to the committee.

SB441-ASA1,52,23 (c) The department of administration shall reimburse members of the committee for their actual and necessary expenses incurred in carrying out their functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget authorized under section 16.40 (14) of the statutes.

SB441-ASA1,52,24 (d) The members of the committee shall be:

SB441-ASA1,53,2 1. The chairperson of the Milwaukee County board of supervisors or his or her designee.

SB441-ASA1,53,3 2. The chief of police of the city of Milwaukee or his or her designee.

SB441-ASA1,53,4 3. The county executive of Milwaukee County or his or her designee.

SB441-ASA1,53,5 4. The district attorney of Milwaukee County or his or her designee.

SB441-ASA1,53,6 5. The mayor of the city of Milwaukee or his or her designee.

SB441-ASA1,53,7 6. The sheriff of Milwaukee County or his or her designee.

SB441-ASA1,53,9 7. One representative of the Milwaukee County Law Enforcement Executives Association who is not from the city of Milwaukee.

SB441-ASA1,53,11 8. One representative of the Intergovernmental Cooperation Council who is not from the city of Milwaukee.

SB441-ASA1,53,14 9. Three persons, other than elected officials, who are residents of Milwaukee County but two of whom may not be residents of the city of Milwaukee, to be appointed by the governor.

SB441-ASA1,53,16 10. Four persons, other than elected officials, who are residents of Milwaukee County, to be appointed as follows:

SB441-ASA1,53,18 a. One by the speaker of the assembly and one by the majority leader of the senate, appointed before the appointments in subdivision 10. b .

SB441-ASA1,54,4 b. One by the minority leader of the assembly and one by the minority leader of the senate. If the speaker of the assembly appointed a resident of the city of Milwaukee, the minority leader of the assembly may not appoint a resident of the city of Milwaukee. If the speaker of the assembly appointed a person who is not a resident of the city of Milwaukee, the minority leader of the assembly may not appoint a person who is not a resident of the city of Milwaukee. If the majority leader of the senate appointed a resident of the city of Milwaukee, the minority leader of the senate may not appoint a resident of the city of Milwaukee. If the majority leader of the senate appointed a person who is not a resident of the city of Milwaukee, the minority leader of the senate may not appoint a person who is not a resident of the city of Milwaukee.

SB441-ASA1,54,6 (e) The committee shall elect the chair of the committee from the individuals appointed under paragraph (d) 9. and 10 .

SB441-ASA1,54,11 (f ) No later than June 1, 2004, the department of health and family services shall provide the committee an estimate of the maximum number of persons likely to be placed in Milwaukee County on supervised release under section 980.06, 1997 stats., or section 980.08 of the statutes at any one time between that date and February 1, 2009.

SB441-ASA1,54,15 (g) The committee shall hold public hearings in Milwaukee County regarding the selection of a location of the facility. The committee shall consider all of the following factors when determining the criteria for the location of the facility or when determining specific locations for the facility:

SB441-ASA1,54,16 1. Community safety.

SB441-ASA1,54,17 2. Proximity to sensitive locations.

SB441-ASA1,54,18 3. Ability to make the facility secure.

SB441-ASA1,54,19 4. Accessibility to treatment for the persons living in the facility.

SB441-ASA1,54,20 5. Payments that may be made in lieu of property taxes.

SB441-ASA1,54,22 6. Availability of tax incentives to a community to locate the facility within its jurisdiction.

SB441-ASA1,54,23 7. Proximity of the placement to all of the following:

SB441-ASA1,54,24 a. The residence of other persons on supervised release.

SB441-ASA1,55,3 b . 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 section 301.46 (2m) (a) or (am) of the statutes.

SB441-ASA1,55,4 c. Any facility for children of which the committee is aware.

SB441-ASA1,55,5 d. Any residential subdivision.

SB441-ASA1,55,14 (h) No later than December 31, 2004, the committee shall submit a report to the departments of corrections and health and family services recommending at least 3 specific locations that the committee determines are appropriate for the placement of the facility. The report shall list the strengths and weaknesses of each location the committee recommends. Each of the locations shall be suitable for the development of a facility that can house at least the number of persons set forth in the estimate submitted to the committee under paragraph (f). When considering locations, the committee shall make a reasonable effort to reach and to maximize consensus among its members.

SB441-ASA1, s. 120 Section 120. Initial applicability.

SB441-ASA1,55,20 (1) This act first applies to reviews regarding detention and probable cause hearings under section 980.04 of the statutes, as affected by this act, and trials under section 980.05 of the statutes, as affected by this act, that are based on a petition filed under s. 980.02 of the statutes, as affected by this act, on the effective date of this subsection.

SB441-ASA1,55,23 (2) This act first applies to periodic reexaminations conducted under section 980.07 of the statutes, as affected by this act, begun on the effective date of this subsection and to court proceedings resulting from those reexaminations.

SB441-ASA1,56,4 (3) This act first applies to proceedings to revoke supervised release under section 980.08 (5) of the statutes, as affected by this act, that are commenced on the effective date of this subsection, except that the treatment of section 980.08 (5) of the statutes, with respect to where a person may be detained while a petition to revoke supervised release is pending, first applies to a person whose detention commences on the effective date of this subsection.

SB441-ASA1,56,6 (4) This act first applies to discharge proceedings commenced on the effective date of this subsection.

SB441-ASA1, s. 121 Section 121. Effective date.

SB441-ASA1,56,9 (1) This act takes effect on the first day of the 2nd month beginning after publication.

SB441-ASA1,56,10 (End)