AB1091-ASA1,32,24 23(4) (a) Instead of changing the place of trial under sub. (3), the court may
24require the selection of a jury under par. (b) if all of the following apply:
AB1091-ASA1,32,2525 1. The court will sequester the jurors during the trial.
AB1091-ASA1,33,1
12. There are grounds for changing the place of trial under sub. (1).
AB1091-ASA1,33,32 3. The estimated cost to the county of using the procedure under this subsection
3is less than the estimated cost to the county of holding the trial in another county.
AB1091-ASA1,33,74 (b) A court that proceeds under this subsection shall follow the procedure under
5sub. (3) until the jury is chosen in the 2nd county. At that time, the proceedings shall
6return to the original county using the jurors selected in the 2nd county. The original
7county shall reimburse the 2nd county for all applicable costs under s. 814.22.
AB1091-ASA1, s. 93 8Section 93 . 980.036 of the statutes is created to read:
AB1091-ASA1,33,9 9980.036 Discovery and inspection. (1) Definitions. In this section:
AB1091-ASA1,33,1110 (a) "Person subject to this chapter" means a person who is subject to a petition
11filed under s. 980.02 or a person who has been committed under s. 980.06.
AB1091-ASA1,33,1312 (b) "Prosecuting attorney" means an attorney representing the state in a
13proceeding under this chapter.
AB1091-ASA1,33,19 14(2) What a prosecuting attorney must disclose to a person subject to this
15chapter.
Upon demand, a prosecuting attorney shall disclose to a person subject to
16this chapter or his or her attorney, and permit the person subject to this chapter or
17his or her attorney to inspect and copy or photograph, all of the following materials
18and information, if the material or information is within the possession, custody, or
19control of the state:
AB1091-ASA1,33,2320 (a) Any written or recorded statement made by the person subject to this
21chapter concerning the allegations in the petition filed under s. 980.02 or concerning
22other matters at issue in the trial or proceeding and the names of witnesses to the
23written statements of the person subject to this chapter.
AB1091-ASA1,34,3
1(b) A written summary of all oral statements of the person subject to this
2chapter that the prosecuting attorney plans to use at the trial or proceeding and the
3names of witnesses to the oral statements of the person subject to this chapter.
AB1091-ASA1,34,54 (c) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
5prosecuting attorney intends to use the evidence at the trial or proceeding.
AB1091-ASA1,34,66 (d) A copy of the criminal record of the person subject to this chapter.
AB1091-ASA1,34,97 (e) A list of all witnesses whom the prosecuting attorney intends to call at the
8trial or proceeding, together with their addresses. This paragraph does not apply to
9rebuttal witnesses or witnesses called for impeachment only.
AB1091-ASA1,34,1110 (f) Any relevant written or recorded statements of a witness listed under par.
11(e), including all of the following:
AB1091-ASA1,34,1212 1. Any videotaped oral statement of a child under s. 908.08.
AB1091-ASA1,34,1313 2. Any reports prepared in accordance with s. 980.031 (5).
AB1091-ASA1,34,1514 (g) The criminal record of a witness listed under par. (e) that is known to the
15prosecuting attorney.
AB1091-ASA1,34,2016 (h) The results of any physical or mental examination or any scientific or
17psychological test, instrument, experiment, or comparison that the prosecuting
18attorney intends to offer in evidence at the trial or proceeding, and any raw data that
19were collected, used, or considered in any manner as part of the examination, test,
20instrument, experiment, or comparison.
AB1091-ASA1,34,2221 (i) Any physical or documentary evidence that the prosecuting attorney intends
22to offer in evidence at the trial or proceeding.
AB1091-ASA1,34,2323 (j) Any exculpatory evidence.
AB1091-ASA1,35,4 24(3) What a person subject to this chapter must disclose to the prosecuting
25attorney.
Upon demand, a person who is subject to this chapter or his or her attorney

1shall disclose to the prosecuting attorney, and permit the prosecuting attorney to
2inspect and copy or photograph, all of the following materials and information, if the
3material or information is within the possession, custody, or control of the person who
4is subject to this chapter or his or her attorney:
AB1091-ASA1,35,85 (a) A list of all witnesses, other than the person who is subject to this chapter,
6whom the person who is subject to this chapter intends to call at the trial or
7proceeding, together with their addresses. This paragraph does not apply to rebuttal
8witnesses or witnesses called for impeachment only.
AB1091-ASA1,35,109 (b) Any relevant written or recorded statements of a witness listed under par.
10(a), including any reports prepared in accordance with s. 980.031 (5).
AB1091-ASA1,35,1211 (c) The criminal record of a witness listed under par. (a) if the criminal record
12is known to the attorney for the person who is subject to this chapter.
AB1091-ASA1,35,1713 (d) The results of any physical or mental examination or any scientific or
14psychological test, instrument, experiment, or comparison that the person who is
15subject to this chapter intends to offer in evidence at the trial or proceeding, and any
16raw data that were collected, used, or considered in any manner as part of the
17examination, test, instrument, experiment, or comparison.
AB1091-ASA1,35,1918 (e) Any physical or documentary evidence that the person who is subject to this
19chapter intends to offer in evidence at the trial or proceeding.
AB1091-ASA1,35,25 20(3m) When disclosure must be made. A party required to make a disclosure
21under this section shall do so within a reasonable time after the probable cause
22hearing and within a reasonable time before a trial under s. 980.05, if the other
23party's demand is made in connection with a trial. If the demand is made in
24connection with a proceeding under s. 980.08 or 980.09 (3), the party shall make the
25disclosure within a reasonable time before the start of that proceeding.
AB1091-ASA1,36,4
1(4) Comment or instruction on failure to call witness. No comment or
2instruction regarding the failure to call a witness at the trial may be made or given
3if the sole basis for the comment or instruction is the fact that the name of the witness
4appears upon a list furnished under this section.
AB1091-ASA1,36,8 5(5) Testing or analysis of evidence. On motion of a party, the court may order
6the production of any item of evidence or raw data that is intended to be introduced
7at the trial for testing or analysis under such terms and conditions as the court
8prescribes.
AB1091-ASA1,36,17 9(6) Protective order. Upon motion of a party, the court may at any time order
10that discovery, inspection, or the listing of witnesses required under this section be
11denied, restricted, or deferred, or make other appropriate orders. If the prosecuting
12attorney or the attorney for a person subject to this chapter certifies that listing a
13witness under sub. (2) (e) or (3) (a) may subject the witness or others to physical or
14economic harm or coercion, the court may order that the deposition of the witness be
15taken under s. 967.04 (2) to (6). The name of the witness need not be divulged prior
16to the taking of such deposition. If the witness becomes unavailable or changes his
17or her testimony, the deposition shall be admissible at trial as substantive evidence.
AB1091-ASA1,36,21 18(7) In camera proceedings. Either party may move for an in camera inspection
19of any document required to be disclosed under sub. (2) or (3) for the purpose of
20masking or deleting any material that is not relevant to the case being tried. The
21court shall mask or delete any irrelevant material.
AB1091-ASA1,37,2 22(8) Continuing duty to disclose. If, after complying with a requirement of this
23section, and before or during trial, a party discovers additional material or the names
24of additional witnesses requested that are subject to discovery, inspection, or

1production under this section, the party shall promptly notify the other party of the
2existence of the additional material or names.
AB1091-ASA1,37,6 3(9) Sanctions for failure to comply. (a) The court shall exclude any witness
4not listed or evidence not presented for inspection, copying, or photographing
5required by this section, unless good cause is shown for failure to comply. The court
6may in appropriate cases grant the opposing party a recess or a continuance.
AB1091-ASA1,37,107 (b) In addition to or in place of any sanction specified in par. (a), a court may,
8subject to sub. (4), advise the jury of any failure or refusal to disclose material or
9information required to be disclosed under sub. (2) or (3), or of any untimely
10disclosure of material or information required to be disclosed under sub. (2) or (3).
AB1091-ASA1,37,17 11(10) Payment of photocopy costs in cases involving indigent respondents.
12When the state public defender or a private attorney appointed under s. 977.08
13requests photocopies of any item that is discoverable under this section, the state
14public defender shall pay any fee charged for the photocopies from the appropriation
15under s. 20.550 (1) (a). If the person providing photocopies under this section charges
16the state public defender a fee for the photocopies, the fee may not exceed the actual,
17necessary, and direct cost of photocopying.
AB1091-ASA1,37,20 18(11) Exclusive method of discovery. Chapter 804 does not apply to
19proceedings under this chapter. This section provides the only methods of obtaining
20discovery and inspection in proceedings under this chapter.
AB1091-ASA1, s. 94 21Section 94 . 980.038 of the statutes is created to read:
AB1091-ASA1,38,3 22980.038 Miscellaneous procedural provisions. (1) Motions challenging
23jurisdiction or competency of court or timeliness of petition.
(a) A motion
24challenging the jurisdiction or competency of the court or the timeliness of a petition
25filed under s. 980.02 shall be filed within 30 days after the court holds the probable

1cause hearing under s. 980.04 (2). Failure to file a motion within the time specified
2in this paragraph waives the right to challenge the jurisdiction or competency of the
3court or the timeliness of a petition filed under s. 980.02.
AB1091-ASA1,38,84 (b) Notwithstanding s. 801.11, a court may exercise personal jurisdiction over
5a person who is the subject of a petition filed under s. 980.02 even though the person
6is not served as provided under s. 801.11 (1) or (2) with a verified petition and
7summons or with an order for detention under s. 980.04 (1) and the person has not
8had a probable cause hearing under s. 980.04 (2).
AB1091-ASA1,38,15 9(2) Evidence of refusal to participate in examination. (a) At any hearing
10under this chapter, the state may present evidence or comment on evidence that a
11person who is the subject of a petition filed under s. 980.02 or a person who has been
12committed under this chapter refused to participate in an examination of his or her
13mental condition that was being conducted under this chapter or that was conducted
14for the purpose of evaluating whether to file a petition before the petition under s.
15980.02 was filed.
AB1091-ASA1,38,1916 (b) A licensed physician, licensed psychologist, or other mental health
17professional may indicate in any written report that he or she prepares in connection
18with a proceeding under this chapter that the person whom he or she examined
19refused to participate in the examination.
AB1091-ASA1,39,5 20(3) Testimony by telephone or live audiovisual means. Unless good cause to
21the contrary is shown, proceedings under ss. 980.04 (2) (a) and 980.08 (7) (d) may be
22conducted by telephone or audiovisual means, if available. If the proceedings are
23required to be reported under SCR 71.02 (2), the proceedings shall be reported by a
24court reporter who is in simultaneous voice communication with all parties to the
25proceeding. Regardless of the physical location of any party to the telephone call, any

1action taken by the court or any party has the same effect as if made in open court.
2A proceeding under this subsection shall be conducted in a courtroom or other place
3reasonably accessible to the public. Simultaneous access to the proceeding shall be
4provided to a person entitled to attend by means of a loudspeaker or, upon request
5to the court, by making the person party to the telephone call without charge.
AB1091-ASA1,39,15 6(4) Motions for postcommitment relief; appeal. (a) A motion for
7postcommitment relief by a person committed under s. 980.06 shall be made in the
8time and manner provided in ss. 809.30 and 809.40. An appeal by a person who has
9been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09
10or from an order denying a motion for postcommitment relief or from both shall be
11taken in the time and manner provided in ss. 808.04 (3), 809.30, and 809.40. If a
12person is seeking relief from an order of commitment under s. 980.06, the person
13shall file a motion for postcommitment relief in the trial court prior to an appeal
14unless the grounds for seeking relief are sufficiency of the evidence or issues
15previously raised.
AB1091-ASA1,39,1816 (b) An appeal by the state from a final judgment or order under this chapter
17may be taken to the court of appeals within the time specified in s. 808.04 (4) and in
18the manner provided for civil appeals under chs. 808 and 809.
AB1091-ASA1,39,25 19(5) Failure to comply with time limits; effect. Failure to comply with any time
20limit specified in this chapter does not deprive the circuit court of personal or subject
21matter jurisdiction or of competency to exercise that jurisdiction. Failure to comply
22with any time limit specified in this chapter is not grounds for an appeal or grounds
23to vacate any order, judgment, or commitment issued or entered under this chapter.
24Failure to object to a period of delay or a continuance waives the time limit that is
25the subject of the period of delay or continuance.
AB1091-ASA1,40,3
1(6) Errors and defects not affecting substantial rights. The court shall, in
2every stage of a proceeding under this chapter, disregard any error or defect in the
3pleadings or proceedings that does not affect the substantial rights of either party.
AB1091-ASA1, s. 95 4Section 95. 980.04 (1) of the statutes is amended to read:
AB1091-ASA1,40,185 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review
6the petition to determine whether to issue an order for detention of the person who
7is the subject of the petition. The person shall be detained only if there is probable
8cause to believe that the person is eligible for commitment under s. 980.05 (5). A
9person detained under this subsection shall be held in a facility approved by the
10department. If the person is serving a sentence of imprisonment, is in a secured
11correctional facility, as defined in s. 938.02 (15m), a secured child caring institution,
12as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p),
13or is committed to institutional care, and the court orders detention under this
14subsection, the court shall order that the person be transferred to a detention facility
15approved by the department. A detention order under this subsection remains in
16effect until the person is discharged petition is dismissed after a hearing under sub.
17(3) or
after a trial under s. 980.05 (5) or until the effective date of a commitment order
18under s. 980.06, whichever is applicable.
AB1091-ASA1, s. 96 19Section 96. 980.04 (2) of the statutes is renumbered 980.04 (2) (a) and
20amended to read:
AB1091-ASA1,41,221 980.04 (2) (a) Whenever a petition is filed under s. 980.02, the court shall hold
22a hearing to determine whether there is probable cause to believe that the person
23named in the petition is a sexually violent person. If the person named in the petition
24is in custody, the court shall hold the probable cause hearing within 72 hours after

1the petition is filed, excluding Saturdays, Sundays and legal holidays. If the person
2named in the petition is not in custody
AB1091-ASA1,41,7 3(b) 1. Except as provided in subd. 2., the court shall hold the probable cause
4hearing within a reasonable time 30 days, excluding Saturdays, Sundays, and legal
5holidays,
after the filing of the petition, unless that time is extended by the court for
6good cause shown upon its own motion, the motion of any party, or the stipulation
7of the parties
.
AB1091-ASA1, s. 97 8Section 97 . 980.04 (2) (b) 2. of the statutes is created to read:
AB1091-ASA1,41,169 980.04 (2) (b) 2. If the person named in the petition is in custody under a
10sentence, dispositional order, or commitment and the probable cause hearing will be
11held after the date on which the person is scheduled to be released or discharged from
12the sentence, dispositional order, or commitment, the probable cause hearing under
13par. (a) shall be held no later than 10 days after the person's scheduled release or
14discharge date, excluding Saturdays, Sundays, and legal holidays, unless that time
15is extended by the court for good cause shown upon its own motion, the motion of any
16party, or the stipulation of the parties.
AB1091-ASA1, s. 98 17Section 98 . 980.04 (3) of the statutes is amended to read:
AB1091-ASA1,41,2518 980.04 (3) If the court determines after a hearing that there is probable cause
19to believe that the person named in the petition is a sexually violent person, the court
20shall order that the person be taken into custody if he or she is not in custody and
21shall order the person to be transferred within a reasonable time to an appropriate
22facility specified by the department for an evaluation by the department as to
23whether the person is a sexually violent person. If the court determines that
24probable cause does not exist to believe that the person is a sexually violent person,
25the court shall dismiss the petition.
AB1091-ASA1, s. 99
1Section 99. 980.04 (5) of the statutes is amended to read:
AB1091-ASA1,42,52 980.04 (5) If the person named in the petition claims or appears to be indigent,
3the court shall, prior to the probable cause hearing under sub. (2) (a), refer the person
4to the authority for indigency determinations under s. 977.07 (1) and, if applicable,
5the appointment of counsel.
AB1091-ASA1, s. 100 6Section 100 . 980.05 (1) of the statutes is amended to read:
AB1091-ASA1,42,117 980.05 (1) A trial to determine whether the person who is the subject of a
8petition under s. 980.02 is a sexually violent person shall commence no later than 45
990 days after the date of the probable cause hearing under s. 980.04 (2) (a). The court
10may grant a continuance one or more continuances of the trial date for good cause
11upon its own motion, the motion of any party or the stipulation of the parties.
AB1091-ASA1, s. 101 12Section 101 . 980.05 (1m) of the statutes is repealed.
AB1091-ASA1, s. 102 13Section 102. 980.05 (2) of the statutes is amended to read:
AB1091-ASA1,42,2114 980.05 (2) The person who is the subject of the petition, the person's attorney,
15or the department of justice or the district attorney petitioner may request that a
16trial under this section be to a jury of 12. A request for a jury trial under this
17subsection shall be made within 10 days after the probable cause hearing under s.
18980.04 (2) (a). If no request is made, the trial shall be to the court. The person, the
19person's attorney, or the district attorney or department of justice, whichever is
20applicable,
petitioner may withdraw his, her, or its request for a jury trial if the 2
21persons who did not make the request consent to the withdrawal.
AB1091-ASA1, s. 103 22Section 103 . 980.05 (2m) of the statutes is created to read:
AB1091-ASA1,43,423 980.05 (2m) (a) At a jury trial under this section, juries shall be selected and
24treated in the same manner as they are selected and treated in civil actions in circuit
25court, except that, notwithstanding s. 805.08 (3), each party shall be entitled to 4

1peremptory challenges or, if the court orders additional jurors to be selected under
2s. 805.08 (2), to 5 peremptory challenges. A party may waive in advance any or all
3of its peremptory challenges and the number of jurors called under par. (b) shall be
4reduced by this number.
AB1091-ASA1,43,125 (b) The number of jurors selected shall be the number prescribed in sub. (2),
6unless a lesser number has been stipulated to and approved under par. (c) or the court
7orders that additional jurors be selected. That number of jurors, plus the number
8of peremptory challenges available to all of the parties, shall be called initially and
9maintained in the jury box by calling others to replace jurors excused for cause until
10all jurors have been examined. The parties shall exercise in their order, the state
11beginning, the peremptory challenges available to them, and if any party declines to
12challenge, the challenge shall be made by the clerk by lot.
AB1091-ASA1,43,1613 (c) At any time before the verdict in a jury trial under this section, the parties
14may stipulate in writing or by statement in open court, on the record, with the
15approval of the court, that the jury shall consist of any number less than the number
16prescribed in sub. (2).
AB1091-ASA1, s. 104 17Section 104 . 980.05 (3) (a) of the statutes is amended to read:
AB1091-ASA1,43,2018 980.05 (3) (a) At a trial on a petition under this chapter, the petitioner has the
19burden of proving the allegations in the petition beyond a reasonable doubt that the
20person who is the subject of the petition is a sexually violent person
.
AB1091-ASA1, s. 105 21Section 105. 980.05 (3) (b) of the statutes is amended to read:
AB1091-ASA1,43,2522 980.05 (3) (b) If the state alleges that the sexually violent offense or act that
23forms the basis for the petition was an act that was sexually motivated as provided
24in s. 980.01 (6) (b) or (bm), the state is required to prove beyond a reasonable doubt
25that the alleged sexually violent act was sexually motivated.
AB1091-ASA1, s. 106
1Section 106. 980.07 (title) of the statutes is amended to read:
AB1091-ASA1,44,3 2980.07 (title) Periodic reexamination and treatment progress; report
3from the department
.
AB1091-ASA1, s. 107 4Section 107. 980.07 (1) of the statutes is amended to read:
AB1091-ASA1,44,205 980.07 (1) If a person has been is committed under s. 980.06 and has not been
6discharged under s. 980.09 (4), the department shall appoint a commissioner to
7conduct an examination a reexamination of his or her the person's mental condition
8within 6 12 months after an the date of the initial commitment order under s. 980.06
9and again thereafter at least once each 12 months for the purpose of determining to
10determine
whether the person has made sufficient progress for the court to consider
11whether the person should be placed on supervised release or discharged. The
12examiner shall apply the criteria under s. 980.08 (4) (cg) when considering if the
13person should be placed on supervised release and shall apply the criteria under s.
14980.09 (3) when considering if the person should be discharged.
At the time of a
15reexamination under this section, the person who has been committed may retain
16or seek to have the court appoint an examiner as provided under s. 980.03 (4) 980.031
17(3), except that the court is not required to appoint an examiner if supervised release
18or discharge is supported by the examination conducted by the examiner appointed
19by the department. The county shall pay the costs of an examiner appointed by the
20court as provided under s. 51.20 (18) (a)
.
AB1091-ASA1, s. 108 21Section 108 . 980.07 (2) of the statutes is amended to read:
AB1091-ASA1,45,222 980.07 (2) Any examiner conducting an examination a reexamination under
23this section sub. (1) shall prepare a written report of the examination reexamination
24no later than 30 days after the date of the examination reexamination. The examiner

1shall place a copy of the report in the person's medical records and shall provide a
2copy of the report to the court that committed the person under s. 980.06 department.
AB1091-ASA1, s. 109 3Section 109. 980.07 (3) of the statutes is amended to read:
AB1091-ASA1,45,74 980.07 (3) Notwithstanding sub. (1), the court that committed a person under
5s. 980.06 may order a reexamination of the person at any time during the period in
6which the person is subject to the commitment order. Any report ordered under this
7subsection shall conform to sub. (4).
AB1091-ASA1, s. 110 8Section 110. 980.07 (4), (5) and (6) of the statutes are created to read:
AB1091-ASA1,45,129 980.07 (4) At any reexamination under sub. (1), the treating professional shall
10prepare a treatment progress report. The treating professional shall provide a copy
11of the treatment progress report to the department. The treatment progress report
12shall consider all of the following:
AB1091-ASA1,45,1413 (a) The specific factors associated with the person's risk for committing another
14sexually violent offense.
AB1091-ASA1,45,1615 (b) Whether the person has made significant progress in treatment or has
16refused treatment.
AB1091-ASA1,45,1717 (c) The ongoing treatment needs of the person.
AB1091-ASA1,45,1918 (d) Any specialized needs or conditions associated with the person that must
19be considered in future treatment planning.
AB1091-ASA1,45,23 20(5) Any examiners under sub. (1) and treating professionals under sub. (4) shall
21have reasonable access to the person for purposes of reexamination, to the person's
22past and present treatment records, as defined in s. 51.30 (1) (b), and to the person's
23patient health care records, as provided under s. 146.82 (2) (c).
AB1091-ASA1,46,6 24(6) The department shall submit an annual report comprised of the
25reexamination report under sub. (1) and the treatment progress report under sub.

1(4) to the court that committed the person under s. 980.06. A copy of the annual
2report shall be placed in the person's treatment records. The department shall
3provide a copy of the annual report to the person committed under s. 980.06, the
4department of justice, and the district attorney, if applicable. The court shall provide
5a copy of the annual report to the person's attorney as soon as he or she is retained
6or appointed.
AB1091-ASA1, s. 111 7Section 111. 980.075 of the statutes is created to read:
Loading...
Loading...