Amendment SSA1-SB176

SB176-SSA1,4,18 302.11 (4m) (b) A sex offender, as defined in s. 302.116 (1) (b), is not entitled to mandatory release on parole under this section unless he or she agrees, as a condition of parole, to comply with s. 304.06 (2s).

SB176-SSA1, s. 7 Section 7. 302.116 (1) (a) of the statutes is amended to read:

SB176-SSA1,4,23 302.116 (1) (a) "Serious sex offense" means a violation of s. 940.22 (2), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.22 (2), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB176-SSA1, s. 8 Section 8. 302.116 (2) of the statutes is renumbered 302.116 (2) (a).

SB176-SSA1, s. 9 Section 9. 302.116 (2) (b) of the statutes is created to read:

SB176-SSA1,5,5 302.116 (2) (b) The department may not approve a residence that a sex offender is establishing or reestablishing if, on the day on which it is established or reestablished, the residence is within 0.5 miles of the residence of the victim of the serious sex offense for which the sex offender is serving a sentence. This paragraph does not apply if any of the following applies:

SB176-SSA1,5,8 1. The sex offender is reestablishing the residence that he or she had on the day of the offense and the victim resided more than 0.5 miles from that residence on that day.

SB176-SSA1,5,10 2. The victim is not registered with the department's office of victim services to receive information regarding the sex offender.

SB176-SSA1, s. 10 Section 10. 304.02 (4t) of the statutes is created to read:

SB176-SSA1,5,14 304.02 (4t) Notwithstanding subs. (1) to (3), a sex offender, as defined in s. 302.116 (1) (b), may not be paroled under this section unless he or she agrees, as a condition of parole, to comply with s. 304.06 (2s).

SB176-SSA1, s. 11 Section 11. 304.06 (2m) (a) of the statutes is amended to read:

SB176-SSA1,5,19 304.06 (2m) (a) In this subsection, "serious sex offense" means a violation of s. 940.22 (2), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.22 (2), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB176-SSA1, s. 12 Section 12. 304.06 (2m) (af) of the statutes is created to read:

SB176-SSA1,5,23 304.06 (2m) (af) Neither the parole commission nor the department may parole a prisoner serving a sentence for a serious sex offense unless he or she agrees, as a condition of parole, comply with s. 304.06 (2s).

SB176-SSA1, s. 13 Section 13. 304.06 (2s) of the statutes is created to read:

SB176-SSA1,6,5 304.06 (2s) As a condition of parole, a person serving a sentence for a serious sex offense may not establish or reestablish a residence if, on the day on which it is established or reestablished, the residence is within 0.5 miles of the residence of the victim of that serious sex offense. This subsection does not apply if any of the following applies:

SB176-SSA1,6,8 (a) The person is reestablishing the residence that he or she had on the day of the offense and the victim resided more than 0.5 miles from that residence on that day.

SB176-SSA1,6,10 (b) The victim is not registered with the department's office of victim services to receive information regarding the person.

SB176-SSA1, s. 14 Section 14. 973.09 (8) of the statutes is created to read:

SB176-SSA1,6,15 973.09 (8) If the court places a person on probation for a serious sex offense, as defined in s. 302.116 (1) (a), the court shall impose the following conditions of probation, which shall apply only if the victim of that offense is registered with the department's office of victim services to receive information regarding that person:

SB176-SSA1,6,17 (a) The person may not move to a residence that is within 0.5 miles of the residence of the victim.

SB176-SSA1,6,20 (b) If, immediately before being placed on probation, the person resided within 0.5 miles of the residence of the victim, the person shall move to a residence that is at least 0.5 miles from the residence of the victim.

SB176-SSA1, s. 15 Section 15. 980.08 (4) (b) 3. of the statutes is created to read:

SB176-SSA1,6,23 980.08 (4) (b) 3. That the person who is the subject of the petition refuses to comply with sub. (5) (a) 2.

SB176-SSA1, s. 16 Section 16. 980.08 (4) (c) of the statutes is amended to read:

SB176-SSA1,7,14 980.08 (4) (c) In making a decision under par. (b) 1. or 2., the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. A decision under par. (b) 1. or 2. on a petition filed by a person who is a serious child sex offender may not be made based on the fact that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or on the fact that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

SB176-SSA1, s. 17 Section 17. 980.08 (5) of the statutes is renumbered 980.08 (5) (a) 1. and amended to read:

SB176-SSA1,8,6 980.08 (5) (a) 1. If the court finds that the person is appropriate for supervised release, the court shall notify the department. The Subject to subd. 2., 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 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).

SB176-SSA1,8,15 (c) The plan prepared under par. (b) 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. 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.

SB176-SSA1,9,3 (d) The plan prepared under par. (b) 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 the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department 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.

SB176-SSA1, s. 18 Section 18. 980.08 (5) (a) 2. of the statutes is created to read:

SB176-SSA1,9,9 980.08 (5) (a) 2. A person committed under s. 980.06 may not, as a condition of supervised release, establish or reestablish a residence if, on the day on which it is established or reestablished, the residence is within 0.5 miles of the residence of the victim of any sexually violent offense committed by the person. This subdivision does not apply if any of the following applies:

SB176-SSA1,9,12 a. The person is reestablishing the residence that he or she had at the time of the sexually violent offense and the victim resided more than 0.5 miles from that residence on that day.

SB176-SSA1,9,13 b. The victim has not submitted a card to the department under s. 980.11 (4).

SB176-SSA1, s. 19 Section 19. 980.08 (5) (b) of the statutes is created to read:

SB176-SSA1,9,25 980.08 (5) (b) If the person will be living in his or her county of residence, the department and the county department under s. 51.42 in that county shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department 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.

SB176-SSA1, s. 20 Section 20. 980.08 (6m) of the statutes is amended to read:

SB176-SSA1,11,7 980.08 (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) (d). 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.

SB176-SSA1,11,8 (End)