Amendment ASA2-AB591

AB591-ASA2,13,15 (e) The court may grant a petition filed under par. (b) 1. if it determines after a hearing under par. (d) that the person to whom the petition relates is permanently physically incapacitated so that he or she is not a danger to the public.

AB591-ASA2, s. 5 Section 5. 946.465 of the statutes is created to read:

AB591-ASA2,13,20 946.465 Tampering with a global positioning system tracking device. Whoever, without the authorization of the department of corrections, intentionally tampers with a global positioning system tracking device or comparable technology that is provided under s. 301.48 is guilty of a Class I felony.

AB591-ASA2, s. 6 Section 6. 948.02 (6) of the statutes is created to read:

AB591-ASA2,14,2 948.02 (6) Finding regarding force or violence. If a person is convicted or found not guilty by reason of mental disease or defect under sub. (2), the court shall determine, immediately after the trial, based on a preponderance of the evidence presented at trial, and without a jury, if the offense involved the use or a threat of force or violence. If the court makes such a determination, the court shall enter a finding to that effect in the record.

AB591-ASA2, s. 7 Section 7. 948.025 (4) of the statutes is created to read:

AB591-ASA2,14,7 948.025 (4) (a) If a person is convicted or found not guilty by reason of mental disease or defect under sub. (1) (b), the court shall determine, immediately after the trial, based on a preponderance of the evidence presented at trial, and without a jury, if any of the following applies:

AB591-ASA2,14,8 1. The offense involved a violation of s. 948.02 (1).

AB591-ASA2,14,9 2. The offense involved the use or a threat of force or violence.

AB591-ASA2,14,11 (b) If the court determines that either par. (a) 1. or 2. applies, the court shall enter a finding to that effect in the record.

AB591-ASA2, s. 8 Section 8. 971.17 (4) (e) of the statutes is renumbered 971.17 (4) (e) 1. and amended to read:

AB591-ASA2,15,4 971.17 (4) (e) 1. If the court finds that the person is appropriate for conditional release, the court shall notify the department of health and family services. The Subject to subd. 2. and 3., the department of health and family services and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department of health and family services 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 who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for conditional release, unless the county department, department of health and family services and person to be released request additional time to develop the plan.

AB591-ASA2,15,10 2. If the county department of the person's county of residence declines to prepare a plan, the department of health and family services may arrange for another any other county to prepare the plan if that county agrees to prepare the plan and if the individual person will be living in that county. This subdivision does not apply if the person was found not guilty of a sex offense, as defined in s. 301.45 (1d) (b), by reason of mental disease or defect.

AB591-ASA2, s. 9 Section 9. 971.17 (4) (e) 3. of the statutes is created to read:

AB591-ASA2,15,16 971.17 (4) (e) 3. If the county department for the person's county of residence declines to prepare a plan for a person who was found not guilty of a sex offense, as defined in s. 301.45 (1d) (b), by reason of mental disease or defect, the department may arrange for any of the following counties to prepare a plan if the county agrees to do so:

AB591-ASA2,15,18 a. The county in which the person was found not guilty by reason of mental disease or defect, if the person will be living in that county.

AB591-ASA2,15,20 b. A county in which a treatment facility for sex offenders is located, if the person will be living in that facility.

AB591-ASA2, s. 10 Section 10. 980.08 (5) of the statutes is renumbered 980.08 (5) (b) and amended to read:

AB591-ASA2,16,22 980.08 (5) (b) 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. The department and the county department under s. 51.42 in the county of residence of the person selected under par. (c) or (d) shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address 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 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 who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented 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

AB591-ASA2,17,5 (c) 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 and have the county department for that county prepare a plan, but if the county department of the person's county of residence declines to prepare a plan, the department may arrange for another the county in which the person was convicted or a county in which a treatment facility for sex offenders is located to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. do so.

AB591-ASA2,17,12 (d) If the department is unable to arrange for another a county to prepare a plan under par. (c), the court shall designate a county department to prepare the plan, order the county department for one of the counties described in par. (c) 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.

AB591-ASA2, s. 11 Section 11. 980.08 (5) (a) of the statutes is created to read:

AB591-ASA2,17,18 980.08 (5) (a) In this subsection, "county in which the person was convicted" means the county in which the person was convicted of, adjudicated delinquent for, or found not guilty by reason of mental disease or defect for the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02.

AB591-ASA2, s. 12 Section 12. 980.08 (5) (e) of the statutes is created to read:

AB591-ASA2,18,2 980.08 (5) (e) The department may arrange for the county department for the county in which the person was convicted to prepare a plan and the court may order such a county department to prepare a plan only if the person will be living in that county. The department may arrange for the county department for a county in which a treatment facility for sex offenders is located to prepare a plan and the court may order such a county department to prepare a plan only if the person will be living in that treatment facility.

AB591-ASA2, s. 13 Section 13. 980.08 (6m) of the statutes is amended to read:

AB591-ASA2,19,7 980.08 (6m) An order for supervised release places the person in the custody and control of the department. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the plan for supervised release approved by the court under sub. (5) (b). A person on supervised release is subject to the conditions set by the court and to the rules of the department. Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified. If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 72 hours after the detention, excluding Saturdays, Sundays and legal holidays. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under s. 980.09 or until again placed on supervised release under this section.

AB591-ASA2, s. 14 Section 14. Initial applicability.

AB591-ASA2,19,12 (1) Placement and tracking of persons released to parole or extended supervision. The treatment of sections 301.03 (20) and 301.48 of the statutes first applies to persons whom the department of corrections releases to parole or extended supervision on the effective date of this subsection.

AB591-ASA2,19,15 (2) Tracking of persons placed on probation. The treatment of section 301.48 of the statutes first applies to persons whom the court places on probation or on the effective date of this subsection.

AB591-ASA2,19,20 (3) Placement and tracking of persons found not guilty by reason of mental disease or defect. The treatment of section 301.48 of the statutes, the renumbering and amendment of section 971.17 (4) (e) of the statutes, and the creation of section 971.17 (4) (e) 3. of the statutes first apply to persons whom the court places on conditional release on the effective date of this subsection.

AB591-ASA2,19,23 (4) Tracking of sexually violent persons. The treatment of section 301.48 of the statutes first applies to persons who are on supervised release on the effective date of this subsection.

AB591-ASA2,20,2 (5) Placement of sexually violent persons. The renumbering and amendment of section 980.08 (5) of the statutes and the creation of section 980.08 (5) (a) and (e) of the statutes first apply to persons whom the court places on supervised release on the effective date of this subsection.

AB591-ASA2,20,6 (6) Special finding in child sexual assault cases. The treatment of sections 948.02 (6) and 948.025 (4) of the statutes first applies to cases in which a person is convicted or found not guilty by reason of mental disease or defect on the effective date of this subsection.

AB591-ASA2, s. 15 Section 15. Effective date.

AB591-ASA2,20,9 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB591-ASA2,20,10 (End)