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(f) A hearing on a petition requesting termination of lifetime supervision may
21not be conducted until the person filing the petition has been examined and a report
22of the examination has been filed as provided under par. (e). At the hearing, the court
23shall take evidence it considers relevant to determining whether lifetime supervision
24should be continued because the person who filed the petition is a danger to the
25public. The person who filed the petition and the district attorney who received the
1petition under par. (c) may offer evidence relevant to the issue of the person's
2dangerousness and the continued need for lifetime supervision.
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(g) The court may grant a petition requesting termination of lifetime
4supervision if it determines after a hearing under par. (f) that lifetime supervision
5is no longer necessary to protect the public.
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(h) If a petition requesting termination of lifetime supervision is denied after
7a hearing under par. (f), the person may not file a subsequent petition requesting
8termination of lifetime supervision until at least 3 years have elapsed since the most
9recent petition was denied.
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10(7) Penalty for violation of a condition of lifetime supervision. (a) No
11person placed on lifetime supervision under this section may knowingly violate a
12condition or regulation of lifetime supervision established by the court or by the
13department.
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(b) 1. Except as provided in subd. 2., whoever violates par. (a) is guilty of a Class
15A misdemeanor.
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2. Whoever violates par. (a) is guilty of a Class E felony if the same conduct that
17violates par. (a) also constitutes a crime that is a felony.
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(c) If a person is convicted of violating par. (a) for the same conduct that resulted
19in the person being convicted of another crime, the sentence imposed for the violation
20of par. (a) shall be consecutive to any sentence imposed for the other crime.
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21Section
6. 971.17 (1j) of the statutes is created to read:
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971.17
(1j) Sexual assault; lifetime supervision. (a) In this subsection,
23"serious sex offense" has the meaning given in s. 939.615 (1) (b).
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(b) If a person is found not guilty by reason of mental disease or defect of a
25serious sex offense, the court may, in addition to committing the person to the
1department of health and family services under sub. (1), place the person on lifetime
2supervision under s. 939.615 if notice concerning lifetime supervision was given to
3the person under s. 973.125 and if the court determines that lifetime supervision of
4the person is necessary to protect the public.
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5Section
7. 972.13 (6) of the statutes is amended to read:
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972.13
(6) The following forms may be used for judgments:
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STATE OF WISCONSIN
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The State of Wisconsin
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....(Name of defendant)
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UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
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IT IS ADJUDGED That the defendant has been convicted upon the defendant's
15plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
16(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the
17court having asked the defendant whether the defendant has anything to state why
18sentence should not be pronounced, and no sufficient grounds to the contrary being
19shown or appearing to the court.
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*IT IS ADJUDGED That the defendant is guilty as convicted.
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*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
22state prisons (county jail of.... county) for an indeterminate term of not more than.....
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*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
24program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
25and the following conditions:....
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1*IT IS ADJUDGED That the defendant is hereby committed to detention in
2(the defendant's place of residence or place designated by judge) for a term of not
3more than....
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4*IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
5department of corrections under section 939.615 of the Wisconsin Statutes.
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*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
7costs of this action).
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*IT IS ADJUDGED That the defendant pay restitution to....
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*IT IS ADJUDGED That the defendant is restricted in his or her use of
10computers as follows:....
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*The.... at.... is designated as the Reception Center to which the defendant
12shall be delivered by the sheriff.
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*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
14to the sheriff who shall forthwith execute the same and deliver it to the warden.
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Dated this.... day of...., 19...
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BY THE COURT....
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Date of Offense....,
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District Attorney....,
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Defense Attorney....
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*Strike inapplicable paragraphs.
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STATE OF WISCONSIN
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.... County
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In.... Court
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The State of Wisconsin
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1....(Name of defendant)
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On the.... day of...., 19.., the district attorney appeared for the state and the
3defendant appeared in person and by.... the defendant's attorney.
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UPON ALL THE FILES, RECORDS AND PROCEEDINGS
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IT IS ADJUDGED That the defendant has been found not guilty by the verdict
6of the jury (by the court) and is therefore ordered discharged forthwith.
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Dated this.... day of...., 19...
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BY THE COURT....
SB382, s. 8
9Section
8. 973.125 of the statutes is created to read:
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10973.125 Notice of lifetime supervision for serious sex offenders. (1) 11Whenever a prosecutor decides to seek lifetime supervision under s. 939.615 of a
12person charged with a serious sex offense specified in s. 939.615 (1) (b) 1., the
13prosecutor shall, at any time before or at arraignment and before acceptance of any
14plea, state in the complaint, indictment or information or amendments to the
15complaint, indictment or information that the prosecution will seek to have the
16person placed on lifetime supervision under s. 939.615.
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17(2) Whenever a prosecutor decides to seek lifetime supervision under s.
18939.615 of a person charged with a serious sex offense specified in s. 939.615 (1) (b)
192., the prosecutor shall, at any time before or at arraignment and before acceptance
20of any plea, do all of the following:
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(a) State in the complaint, indictment or information or amendments to the
22complaint, indictment or information that the prosecution will seek to have the
23person placed on lifetime supervision under s. 939.615.
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(b) Allege in the complaint that the violation with which the person is charged
25is a serious sex offense under s. 939.615 (1) (b) because one of the purposes for the
1conduct constituting the violation was for the person's sexual arousal or
2gratification.
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3(3) Before accepting a plea, the court may, upon motion of the district attorney,
4grant a reasonable time to investigate whether lifetime supervision may be
5necessary for a defendant or whether one of the purposes for the conduct constituting
6a violation with which a defendant is charged was for the defendant's sexual arousal
7or gratification.
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(1) This act applies to offenses committed on or after the effective date of this
10subsection.
