SB388: Bill Text

SB388,9,7 (2) Information obtained from a departmental record under sub. (1) may be used in an evaluation, examination, trial or other proceeding under ch. 980 by any person specified in sub. (1).

SB388, s. 13 Section 13. 301.45 (3) (a) 3r. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB388,9,13 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

SB388, s. 14 Section 14. 808.075 (4) (h) of the statutes is amended to read:

SB388,9,17 808.075 (4) (h) Commitment, supervised release, recommitment and discharge under ss. 980.06, 980.08, and 980.09 and 980.10 of a person found to be a sexually violent person under ch. 980.

SB388, s. 15 Section 15. 904.04 (2) of the statutes is amended to read:

SB388,9,24 904.04 (2) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. This subsection does not exclude the evidence when it is offered for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, or when it is offered at a trial or other proceeding under ch. 980 for the purpose of proving the diagnosis of a person or showing the basis of an opinion concerning the probability that a person will engage in acts of sexual violence.

SB388, s. 16 Section 16. 905.04 (4) (a) of the statutes is amended to read:

SB388,10,15 905.04 (4) (a) Proceedings for hospitalization, control, care and treatment of a sexually violent person, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for control, care and treatment of a sexually violent person under ch. 980, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, control, care and treatment as a sexually violent person, guardianship, protective services or protective placement.

SB388, s. 17 Section 17. 938.35 (1) (e) of the statutes is created to read:

SB388,10,18 938.35 (1) (e) In a hearing, trial or other proceeding under ch. 980 relating to a juvenile.

SB388, s. 18 Section 18. 938.396 (1) of the statutes is amended to read:

SB388,11,12 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1k), (1m), (1r), (1t) or (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

SB388, s. 19 Section 19. 938.396 (1k) of the statutes is created to read:

SB388,11,22 938.396 (1k) If the department of justice or a district attorney requests access to a law enforcement agency's records under s. 980.015 (3r), the law enforcement agency shall open for inspection by authorized representatives of the department of justice or a district attorney the records of the law enforcement agency relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6). Information obtained from a law enforcement agency's records under this subsection shall be kept confidential except to the extent that redisclosure of that information is necessary for the conduct of an evaluation or proceeding under ch. 980 for which the information was obtained.

SB388, s. 20 Section 20. 938.396 (2) (e) of the statutes is amended to read:

SB388,12,10 938.396 (2) (e) Upon request of the department of corrections, the department of health and family services, the department of justice or a district attorney to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history conducting an evaluation, examination or proceeding under ch. 980, the court shall open for inspection by authorized representatives of the department of corrections, the department of health and family services, the department of justice or a district attorney the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6). Information obtained from court records under this paragraph shall be kept confidential except as necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

SB388, s. 21 Section 21. 938.396 (5) (a) (intro.) of the statutes is amended to read:

SB388,12,15 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1k), (1m), (1r) or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

SB388, s. 22 Section 22. 938.78 (2) (e) of the statutes is amended to read:

SB388,13,2 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980, to an expert or professional person conducting an evaluation or examination of a person under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph Information obtained from the department under this paragraph shall be kept confidential except as necessary for the conduct of an evaluation, examination or proceeding under ch. 980 for which the information was obtained.

SB388, s. 23 Section 23. 950.04 (1v) (xm) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB388,13,7 950.04 (1v) (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.08 and discharge under s. 980.09 or 980.10.

SB388, s. 24 Section 24. 972.15 (4) of the statutes is amended to read:

SB388,13,12 972.15 (4) After sentencing, unless otherwise authorized under sub. subs. (5) and (6) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

SB388, s. 25 Section 25. 972.15 (6) of the statutes is created to read:

SB388,13,16 972.15 (6) The presentence investigation report and any information contained in it may be used by any of the following persons in an evaluation, examination, hearing, trial or other proceeding under ch. 980:

SB388,13,17 (a) The department of corrections.

SB388,13,18 (b) The department of health and family services.

SB388,13,20 (c) The person who is the subject of the presentence investigation report, his or her attorney or an agent or employe of the attorney.

SB388,13,21 (d) The attorney representing the state or an agent or employe of the attorney.

SB388,13,23 (e) An expert or professional person who has been retained or appointed to evaluate or examine the subject of the presentence investigation report.

SB388, s. 26 Section 26. 980.015 (title) of the statutes is amended to read:

SB388,14,3 980.015 (title) Notice Evaluations of persons who may meet commitment criteria; notice to the department of justice and district attorney.

SB388, s. 27 Section 27. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and amended to read:

SB388,14,6 980.015 (1) (intro.) In this section, "agency and s. 980.02:

SB388,14,8 (a) "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.

SB388, s. 28 Section 28. 980.015 (1) (b) (intro.) of the statutes is created to read:

SB388,14,11 980.015 (1) (b) (intro.) "Anticipated release date" means whichever of the following is applicable:

SB388, s. 29 Section 29. 980.015 (2) (intro.) of the statutes is renumbered 980.015 (2) (am) and amended to read:

SB388,14,25 980.015 (2) (am) If an agency with jurisdiction has control or custody over a person who meets any of the criteria specified in s. 980.02 (2) (a), the agency with jurisdiction shall, no later than 180 days before the anticipated release date of the person, evaluate whether the person may meet the criteria for commitment as a sexually violent person or whether the person does not meet the criteria for commitment as a sexually violent person. No later than 15 days after the completion of its evaluation, the agency with jurisdiction shall inform each appropriate district attorney specified under s. 980.02 (1) (b) and the department of justice regarding the person as soon as possible beginning 3 months prior to the applicable date of the following: whether the agency with jurisdiction has determined whether the person may meet the criteria for commitment or whether the person does not meet the criteria for commitment.

SB388, s. 30 Section 30. 980.015 (2) (a) of the statutes is renumbered 980.015 (1) (b) 1. and amended to read:

SB388,15,5 980.015 (1) (b) 1. The anticipated date of discharge from a sentence, anticipated date of release on parole or extended supervision or anticipated date of release from imprisonment of a person who has been convicted of a sexually violent offense.

SB388, s. 31 Section 31. 980.015 (2) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 980.015 (1) (b) 2. and amended to read:

SB388,15,12 980.015 (1) (b) 2. The anticipated date of release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB388, s. 32 Section 32. 980.015 (2) (bm) of the statutes is created to read:

SB388,16,2 980.015 (2) (bm) If an agency with jurisdiction determines in an evaluation under par. (am) that the person may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall obtain a special purpose evaluation of the person by a qualified expert or professional person, who shall make a recommendation as to whether a commitment proceeding under this chapter should be initiated. A qualified expert or professional person who conducts a special purpose evaluation under this paragraph shall make a written report of his or her evaluation to the agency with jurisdiction no later than 120 days before the anticipated release date of the person. The report shall specify the recommendation of the qualified expert or professional person and the bases for the recommendation. The agency with jurisdiction shall, no later than 5 days after it receives the report, provide each district attorney specified under s. 980.02 (1) (b) and the department of justice with a copy of the report of the qualified expert or professional person who conducted the special purpose evaluation.

SB388, s. 33 Section 33. 980.015 (2) (c) of the statutes is renumbered 980.015 (1) (b) 3. and amended to read:

SB388,16,7 980.015 (1) (b) 3. The anticipated date of termination or discharge of the commitment of a person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under s. 971.17.

SB388, s. 34 Section 34. 980.015 (3) (intro.) of the statutes is amended to read:

SB388,16,13 980.015 (3) (intro.) The When informing a district attorney and the department of justice of its evaluation under sub. (2) (am) and, if applicable, when providing a copy of the report of a special purpose evaluation conducted under sub. (2) (bm), the agency with jurisdiction shall provide the district attorney and department of justice with all of the following:

SB388, s. 35 Section 35. 980.015 (3) (b) of the statutes is amended to read:

SB388,16,19 980.015 (3) (b) If applicable, Copies of or access to documentation of in the possession of the agency with jurisdiction relating to the person, including any treatment records, as defined in s. 51.30 (1) (b), health care records, as defined in s. 146.82 (2) (c), and records concerning the person's adjustment to and conduct in any institutional placement.

SB388, s. 36 Section 36. 980.015 (3m) of the statutes is created to read:

SB388,17,4 980.015 (3m) (a) A qualified expert or professional person who conducts a special purpose evaluation under sub. (2) (bm) shall have reasonable access to the person for the purpose of the evaluation. The expert or professional person shall also have access to the person's past and present treatment records, as defined in s. 51.30 (1) (b), past and present patient health care records, as provided under s. 146.82 (2) (c), and past and present correctional records, as provided under ss. 301.355 and 938.78 (2) (e), and to the records of a court assigned to exercise jurisdiction under ch. 938, as provided under s. 938.396 (2) (e), and presentence investigation reports, as provided under s. 972.15 (6).

SB388,17,12 (b) A qualified expert or professional person who conducts a special purpose evaluation under sub. (2) (bm) shall, when requested to do so, provide a district attorney who receives a copy of the report of the special purpose evaluation and the department of justice with copies of or access to any documentation used by the expert or professional person in preparing the report, including any treatment records, as defined in s. 51.30 (1) (b), health care records, as defined in s. 146.82 (2) (c), correctional records, records of a court assigned to exercise jurisdiction under ch. 938 and presentence investigation reports.

SB388, s. 37 Section 37. 980.015 (3r) of the statutes is created to read:

SB388,17,19 980.015 (3r) For purposes of evaluating a case to decide whether to initiate commitment proceedings under this chapter or for the purpose of conducting a commitment proceeding under this chapter, a district attorney specified under s. 980.02 (1) (b) or the department of justice may request copies of or access to all of the following concerning a person who is the subject of an evaluation by an agency with jurisdiction under sub. (2) (am):

SB388,17,21 (a) Files and records of court proceedings under ch. 51, as provided under s. 51.30 (3) (bm).

SB388,17,25 (b) If the person has been adjudicated delinquent for a sexually violent offense, law enforcement agency records, as provided under s. 938.396 (1k), records of a court assigned to exercise jurisdiction under ch. 938, as provided under s. 938.396 (2) (e), and records of the department of corrections, as provided under s. 938.78 (2) (e).

SB388,18,1 (c) Correctional records, as provided under s. 301.355.

SB388,18,2 (d) A presentence investigation report, as provided under s. 972.15 (6).

SB388, s. 38 Section 38. 980.015 (3x) of the statutes is created to read:

SB388,18,17 980.015 (3x) A district attorney specified under s. 980.02 (1) (b) or the department of justice may, at any time after it receives notification of the evaluation of an agency with jurisdiction under sub. (2) (am), retain a qualified expert or professional person to evaluate the person who is the subject of the agency's evaluation. If a district attorney or the department of justice retains a qualified expert or professional person to conduct an evaluation of a person under this subsection, the examiner shall have reasonable access to the person for the purpose of the evaluation. The expert or professional person shall also have access to the person's past and present treatment records, as defined in s. 51.30 (1) (b), past and present patient health care records, as provided under s. 146.82 (2) (c), and past and present correctional records, as provided under ss. 301.355 and 938.78 (2) (e), and to the records of a court assigned to exercise jurisdiction under ch. 938, as provided under s. 938.396 (2) (e), and presentence investigation reports, as provided under s. 972.15 (6).

SB388, s. 39 Section 39. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended to read:

SB388,18,23 980.14 (2) Any agency or, officer, employe or agent of an agency or qualified expert or professional person retained or appointed to evaluate or examine a person under this chapter is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of this section chapter.

SB388, s. 40 Section 40. 980.02 (1) (intro.) of the statutes is amended to read:

SB388,19,2 980.02 (1) (intro.) A petition alleging that a person is a sexually violent person may be filed by one of the following in accordance with the specified procedure:

SB388, s. 41 Section 41. 980.02 (1) (a) of the statutes is amended to read:

SB388,19,16 980.02 (1) (a) The department of justice at the request of. If the agency with jurisdiction, as defined in s. 980.015 (1), over the person determined in an evaluation under s. 980.015 (2) (am) that the person does not meet the criteria for commitment, the department of justice shall decide whether to file a petition under this paragraph, and shall inform the district attorneys specified under par. (b) of its decision, no later than 45 days after it receives notice of the agency's evaluation. If the agency with jurisdiction over the person obtained a special purpose evaluation of the person under s. 980.015 (2) (bm), the department of justice shall decide whether to file a petition under this paragraph, and shall inform the district attorneys specified under par. (b) of its decision, no later than 30 days after it receives a copy of the report of the special purpose evaluation. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.

SB388, s. 42 Section 42. 980.02 (1) (b) (intro.) of the statutes is amended to read:

SB388,19,19 980.02 (1) (b) (intro.) If the department of justice does decides not to file a petition under par. (a), the district attorney for one of the following:

SB388, s. 43 Section 43. 980.03 (2) (intro.) of the statutes is amended to read:

SB388,19,23 980.03 (2) (intro.) Except as provided in ss. 980.09 (2) (a) and 980.10 and without Without limitation by enumeration, at any hearing under this chapter, the person who is the subject of the petition has the right to:

SB388, s. 44 Section 44. 980.03 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 980.031 (1) and amended to read:

SB388,20,7 980.031 (1) Whenever a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination or reexamination under this chapter, he or she may retain experts or professional persons to perform an examination. If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate on the person's behalf in a trial or other proceeding under this chapter.

SB388,20,21 (3) If the person a party retains or the court appoints a qualified expert or professional person of his or her own choice to conduct an examination of a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06, the examiner expert or professional person shall have reasonable access to the person for the purpose of the examination, as well as. The expert or professional person shall also have access to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and past and present patient health care records as provided under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate in the trial or other proceeding on the person's behalf., and past and present correctional records, as provided under ss. 301.355 and 938.78 (2) (e), and to the records of a court assigned to exercise jurisdiction under ch. 938, as provided under s. 938.396 (2) (e), and presentence investigation reports, as provided under s. 972.15 (6).

SB388,20,25 (4) Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of an expert or professional person appointed by a court under this subsection sub. (1) to perform an examination and participate in the trial or other proceeding on behalf of an indigent person.

SB388,21,4 (5) An expert or professional person retained by either party or appointed to assist an indigent person who is subject to a petition by the court under sub. (1) may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter.

SB388, s. 45 Section 45. 980.03 (5) of the statutes is renumbered 980.038 (1) and amended to read:

SB388,21,10 980.038 (1) Testimony by telephone or live audiovisual means. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section chapter by telephone or live audiovisual means.

SB388, s. 46 Section 46. 980.031 (title) of the statutes is created to read:

SB388,21,12 980.031 (title) Examinations.

SB388, s. 47 Section 47. 980.031 (2) of the statutes is created to read:

SB388,21,17 980.031 (2) The department of justice or a district attorney, whichever is applicable, may retain an expert or professional person to examine a person who is the subject of a petition under s. 980.02 or who has been committed under s. 980.06 and to testify at trial or at any other proceeding under this chapter.

SB388, s. 48 Section 48. 980.036 of the statutes is created to read:

SB388,21,19 980.036 Discovery and inspection. (1) Definitions. In this section:

SB388,21,21 (a) "Person subject to this chapter" means a person who is subject to a petition filed under s. 980.02 or a person who has been committed under s. 980.06.

SB388,21,23 (b) "Prosecuting attorney" means an attorney representing the state in a proceeding under this chapter.