AB660: Bill Text

LRB-1940/2

JEO:jlg&mfd:ijs

1997 - 1998 LEGISLATURE

1997 Assembly BILL 660

December 18, 1997 - Introduced by Representatives Skindrud, Green, Kelso, Jensen, Schafer, Hahn, Ladwig, Porter, F. Lasee, Musser, Dobyns, Freese, Walker, Handrick, Urban, Ainsworth, Kreibich, Otte and Plale, cosponsored by Senators Darling, A. Lasee, Roessler and Welch. Referred to Committee on Judiciary.

AB660,1,4 An Act to amend 301.08 (1) (b) 1. and 972.13 (6); and to create 20.410 (1) (gh), 301.03 (3b), 939.615, 971.17 (1j) and 973.125 of the statutes; relating to: lifetime supervision for persons who commit certain sex offenses, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person convicted of committing a sex offense may be sentenced to a period of imprisonment in a jail or the state prisons or sentenced to pay a fine or both. A court may also place a person convicted of a sex offense on probation, except that in certain cases involving repeat offenders a court must impose a prison sentence and may not place the repeat offender on probation.

In addition, under current law, a person is not responsible for criminal conduct if, at the time of such conduct, the person was suffering from a mental disease or defect that resulted in the person lacking substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law. A person found by a judge or jury to be not responsible for his or her criminal conduct due to mental disease or defect is not guilty by reason of mental disease or defect and is committed for treatment to the department of health and family services (DHFS) for a period of time not exceeding two-thirds of the maximum term of imprisonment that could be imposed for the crime charged.

This bill provides that, if a person is convicted of certain serious sex offenses or is found not guilty of certain sex offenses by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or committing the person to DHFS, order that the person be placed on lifetime supervision by the department of corrections (DOC) unless the person is already on lifetime supervision because of a prior offense. A court may place a person on lifetime supervision under the bill only if the court first determines that doing so is necessary to protect the public. The serious sex offenses covered by this requirement include sexual exploitation by a therapist, sexual assault (nonconsensual sexual contact or sexual intercourse), sexual assault of a child, sexual exploitation of a child, causing a child to view or listen to sexual activity, incest with a child, child enticement, soliciting a child for prostitution, possession of child pornography, exposing a child to harmful materials and working with children after having been convicted of a serious child sex offense. In addition, the bill allows a court to place a person on lifetime supervision if he or she commits any crime against life, bodily security, children, sexual morality or property and the court determines that the crime was sexually motivated.

If a person is placed on lifetime supervision under the bill, the period of lifetime supervision begins when the person's sentence or period of probation ends or, if the person was found not guilty by reason of mental disease or defect, when the person's commitment to DHFS ends. A person placed on lifetime supervision may petition for the termination of lifetime supervision if he or she has been on lifetime supervision for at least 15 years and has not been convicted of a crime while on lifetime supervision.

Before conducting a hearing on a person's petition to terminate lifetime supervision, the person must be examined by a physician or psychologist, who must report on the examination to the court and provide an opinion as to whether the person is a danger to the public. In addition, DOC may submit a report to the court that includes information concerning the person's conduct while on lifetime supervision and an opinion as to whether lifetime supervision of the person is still necessary to protect the public. At a hearing on a person's petition to terminate lifetime supervision, the court must take evidence concerning the dangerousness of the person and the need to continue lifetime supervision. The court may grant the petition if it determines that lifetime supervision is no longer necessary to protect the public.

A person placed on lifetime supervision under the bill must abide by conditions established by the court and rules established by DOC. The bill provides that DOC may temporarily take a person on lifetime supervision into custody if DOC has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. The person may be kept in custody only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency to be prosecuted for violating a condition or rule of lifetime supervision. If a person is convicted of knowingly violating a condition or rule of lifetime supervision, he or she may be fined not more than $10,000 or imprisoned for not more than 9 months or both, except that if the conduct that constituted the violation also constitutes a felony offense the person may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB660, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB660, s. 2 Section 2. 20.410 (1) (gh) of the statutes is created to read:

AB660,3,7 20.410 (1) (gh) Supervision of persons on lifetime supervision. The amounts in the schedule for the supervision of persons placed on lifetime supervision under s. 939.615. All moneys received under s. 939.615 (5) (b) shall be credited to this appropriation account.

AB660, s. 3 Section 3. 301.03 (3b) of the statutes is created to read:

AB660,3,12 301.03 (3b) Establish regulations for persons placed on lifetime supervision under s. 939.615, supervise and provide services to persons placed on lifetime supervision under s. 939.615 and promulgate rules for the administration of matters relating to lifetime supervision under s. 939.615.

AB660, s. 4 Section 4. 301.08 (1) (b) 1. of the statutes is amended to read:

AB660,4,7 301.08 (1) (b) 1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, placed on probation or lifetime supervision to the department by a court of record, or released from a state correctional or penal institution. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

AB660, s. 5 Section 5. 939.615 of the statutes is created to read:

AB660,4,10 939.615 Lifetime supervision of serious sex offenders. (1) Definitions. In this section:

AB660,4,11 (a) "Department" means the department of corrections.

AB660,4,12 (b) "Serious sex offense" means any of the following:

AB660,4,15 1. A violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025 (1), 948.05 (1), 948.055 (1), 948.06, 948.07, 948.08, 948.11 (2) (a), 948.12 or 948.13.

AB660,4,19 2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 943, 944 or 948 other than a violation specified in subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.

AB660,5,2 (2) When lifetime supervision may be ordered. (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

AB660,5,7 (b) A court may not place a person on lifetime supervision under this section if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under sub. (6).

AB660,5,11 (c) If the prosecutor is seeking lifetime supervision for a person who is charged with committing a serious sex offense specified in sub. (1) (b) 2., the court shall direct that the trier of fact find a special verdict as to whether the conduct constituting the offense was for the actor's sexual arousal or gratification.

AB660,5,14 (3) When lifetime supervision begins. Subject to sub. (4), the period of lifetime supervision on which a person is placed under this section shall begin at whichever of the following times is applicable:

AB660,5,16 (a) If the person is placed on probation for the serious sex offense, upon his or her discharge from probation.

AB660,5,18 (b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole.

AB660,5,21 (c) If the person is sentenced to prison for the serious sex offense and is being released from prison because he or she has reached the expiration date of his or her sentence, upon his or her release from prison.

AB660,5,25 (d) If the person has been committed to the department of health and family services under s. 971.17 for the serious sex offense, upon the termination of his or her commitment under s. 971.17 (5) or his or her discharge from the commitment under s. 971.17 (6), whichever is applicable.

AB660,6,2 (e) If par. (a), (b), (c) or (d) does not apply, upon the person being sentenced for the serious sex offense.

AB660,6,7 (4) Only one period of lifetime supervision may be imposed. If a person is being sentenced for more than one conviction for a serious sex offense, the court may place the person on one period of lifetime supervision only. A period of lifetime supervision ordered for a person sentenced for more than one conviction begins at whichever of the times specified in sub. (3) is the latest.

AB660,6,12 (5) Status of person placed on lifetime supervision; powers and duties of department. (a) A person placed on lifetime supervision under this section is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.

AB660,6,19 (am) The department may temporarily take a person on lifetime supervision into custody if the department has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. Custody under this paragraph may last only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency for commencement of prosecution under sub. (7).

AB660,7,3 (b) The department shall charge a fee to a person placed on lifetime supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for persons placed on lifetime supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each person placed on lifetime supervision. The department may decide not to charge a fee while a person placed on lifetime supervision is exempt as provided under par. (c). The department shall collect moneys for the fees charged under this paragraph and credit those moneys to the appropriation account under s. 20.410 (1) (gh).

AB660,7,5 (c) The department may decide not to charge a fee under par. (b) to any person placed on lifetime supervision while he or she meets any of the following conditions:

AB660,7,6 1. Is unemployed.

AB660,7,7 2. Is pursuing a full-time course of instruction approved by the department.

AB660,7,8 3. Is undergoing treatment approved by the department and is unable to work.

AB660,7,10 4. Has a statement from a physician certifying to the department that the person should be excused from working for medical reasons.

AB660,7,15 (6) Petition for termination of lifetime supervision. (a) Subject to par. (b), a person placed on lifetime supervision under this section may file a petition requesting that lifetime supervision be terminated. A person shall file a petition requesting termination of lifetime supervision with the court that ordered the lifetime supervision.

AB660,7,18 (b) 1. A person may not file a petition requesting termination of lifetime supervision if he or she has been convicted of a crime that was committed during the period of lifetime supervision.

AB660,7,23 2. A person may not file a petition requesting termination of lifetime supervision earlier than 15 years after the date on which the period of lifetime supervision began. If a person files a petition requesting termination of lifetime supervision at any time earlier than 15 years after the date on which the period of lifetime supervision began, the court shall deny the petition without a hearing.