SB45: Bill Text

SB45,1353,2 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), 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), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), 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), the court shall sentence the person to not less than 5 years of imprisonment.

SB45, s. 3189 Section 3189. 939.635 (2) (b) of the statutes is amended to read:

SB45,1353,10 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), 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), or from committing violations of s. 940.20 (2m).

SB45, s. 3190 Section 3190. 940.20 (2m) (a) 1. of the statutes is amended to read:

SB45,1353,14 940.20 (2m) (a) 1. "Aftercare agent" means any person authorized by the department of corrections or a county department under s. 46.215, 46.22 or 46.23 to exercise control over a juvenile on aftercare.

SB45, s. 3191 Section 3191. 944.21 (8) (b) 3. a. of the statutes is amended to read:

SB45,1353,18 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval higher educational aids board under s. 39.51 or is a school described in s. 39.51 (9) (f), (g) or (h) (1) (e) 6., 7. or 8.; and

SB45, s. 3192 Section 3192. 946.42 (1) (a) of the statutes is amended to read:

SB45,1354,10 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB45, s. 3193 Section 3193. 946.44 (2) (c) of the statutes is amended to read:

SB45,1354,15 946.44 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB45, s. 3194 Section 3194. 946.44 (2) (d) of the statutes is amended to read:

SB45,1354,22 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

SB45, s. 3195 Section 3195. 946.45 (2) (c) of the statutes is amended to read:

SB45,1355,2 946.45 (2) (c) "Institution" includes a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB45, s. 3196 Section 3196. 946.45 (2) (d) of the statutes is amended to read:

SB45,1355,9 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or, who is placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e) or, who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

SB45, s. 3197 Section 3197. 948.11 (4) (b) 3. a. of the statutes is amended to read:

SB45,1355,13 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval higher educational aids board under s. 39.51 or is a school described in s. 39.51 (9) (f), (g) or (h) (1) (e) 6., 7. or 8.; and

SB45, s. 3198 Section 3198. 949.08 (2) (g) of the statutes is repealed and recreated to read:

SB45,1355,18 949.08 (2) (g) Is included on the statewide support lien docket under s. 49.854 (2) (b), unless the victim provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB45, s. 3199 Section 3199. 950.06 (2) of the statutes is amended to read:

SB45,1356,2 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation under s. 20.455 (5) (gc), (k), (kk), (kp) and (mh) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g).

SB45, s. 3200 Section 3200. 950.06 (5) of the statutes is amended to read:

SB45,1356,9 950.06 (5) The department shall review and approve the implementation and operation of programs and the annual reports under this section. The department may suspend or terminate reimbursement under s. 20.455 (5) (c) and (g) sub. (2) if the county fails to comply with its duties under this section. The department shall promulgate rules under ch. 227 for implementing and administering county programs approved under this section.

SB45, s. 3201 Section 3201. 968.255 (7) (b) of the statutes is amended to read:

SB45,1356,13 968.255 (7) (b) Is placed in or transferred to 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).

SB45, s. 3202 Section 3202. 973.013 (3m) of the statutes is amended to read:

SB45,1357,5 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or, a secured child caring institution or a secured group home, unless the department of corrections determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or, a secured child caring institution or a secured group home. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or, a secured child caring institution or a secured group home under this subsection.

SB45, s. 3203 Section 3203. 973.05 (1) of the statutes is amended to read:

SB45,1358,8 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 29.987 and any applicable natural resources restitution payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

SB45, s. 3204 Section 3204. 973.05 (2) of the statutes is amended to read:

SB45,1359,17 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the consumer information assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

SB45, s. 3205 Section 3205. 973.07 of the statutes is amended to read:

SB45,1360,17 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

SB45, s. 3206 Section 3206. 977.08 (5) (b) (intro.) of the statutes is amended to read:

SB45,1360,21 977.08 (5) (b) (intro.) Except as provided in par. pars. (bn) and (br), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

SB45, s. 3207 Section 3207. 977.08 (5) (br) of the statutes is created to read:

SB45,1361,2 977.08 (5) (br) Beginning on July 1, 2000, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (b) based on their need to perform other assigned duties.

SB45, s. 3208 Section 3208. 978.03 (3) of the statutes is amended to read:

SB45,1361,9 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m) or (2) may appoint such temporary counsel as may be authorized by the department of administration.

SB45, s. 3209 Section 3209. 978.04 of the statutes is amended to read:

SB45,1361,17 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.

SB45, s. 3210 Section 3210. 978.043 of the statutes is created to read:

SB45,1362,3 978.043 Assistants for prosecution of sexually violent person commitment cases. The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.

SB45, s. 3211 Section 3211. 978.05 (8) (b) of the statutes is amended to read:

SB45,1362,14 978.05 (8) (b) Hire, employ and supervise his or her staff and, subject to s. 978.043, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment and supervision of county employes.

SB45, s. 3212 Section 3212. 978.13 (1) (b) of the statutes is amended to read:

SB45,1362,24 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $70,500 $75,200 in the 1997-98 1999-2000 fiscal year and $73,000 $77,500 in the 1998-99 2000-01 fiscal year.

SB45, s. 3213 Section 3213. 978.13 (1) (c) of the statutes is amended to read:

SB45,1363,10 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $88,500 $94,400 in the 1997-98 1999-2000 fiscal year and $91,600 $97,200 in the 1998-99 2000-01 fiscal year.

SB45, s. 3214 Section 3214. 980.01 (1) of the statutes is renumbered 980.01 (1s).

SB45, s. 3215 Section 3215. 980.01 (1L) and (1m) of the statutes are created to read:

SB45,1363,15 980.01 (1L) "Daily cost of institutional care" means the daily cost of programs and facilities for the control, care and treatment of a person placed at a secure mental health unit or facility specified in s. 980.065.

SB45,1363,18 (1m) "Daily cost of supervised release" means the daily cost of providing for all necessary programs and facilities for the control, care and treatment of a person on supervised release under this chapter.

SB45, s. 3216 Section 3216. 980.015 (2) (b) of the statutes is amended to read:

SB45,1363,23 980.015 (2) (b) The anticipated 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.

SB45, s. 3217 Section 3217. 980.02 (1) (b) 2. of the statutes is amended to read:

SB45,1364,5 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

SB45, s. 3218 Section 3218. 980.02 (2) (ag) of the statutes is amended to read:

SB45,1364,14 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

SB45, s. 3219 Section 3219. 980.02 (4) (am) of the statutes is amended to read:

SB45,1364,21 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or from a secured child caring institution, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

SB45, s. 3220 Section 3220. 980.02 (4) (b) of the statutes is amended to read:

SB45,1365,2 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to 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), or a commitment order.

SB45, s. 3221 Section 3221. 980.03 (4) of the statutes is amended to read:

SB45,1365,20 980.03 (4) Whenever the a person who is the subject of the a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination under this chapter, he or she may retain experts or professional persons to perform an examination. If the person retains a qualified expert or professional person of his or her own choice to conduct an examination, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and 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. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a court-appointed an expert or professional person appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person. An expert or professional person appointed to assist an indigent person who is subject to a petition may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter.

SB45, s. 3222 Section 3222. 980.04 (1) of the statutes is amended to read:

SB45,1366,9 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in 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), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

SB45, s. 3223 Section 3223. 980.06 (2) (a) of the statutes is amended to read:

SB45,1366,25 980.06 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment that the person who is the subject of a petition under s. 980.02 is a sexually violent person is entered. If the court lacks sufficient information to make the determination required by par. (b) immediately after trial, it may adjourn the hearing and order the department to conduct submit a written report as to whether the criterion under par. (b) for institutional care is met. For purposes of preparing the report the department shall conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination, or both, to assist the court in framing the commitment order. A supplementary mental examination under this paragraph shall be conducted in accordance with s. 971.17 (2) (b) to (f) , or both, and may conduct any other investigation or inquiry that it considers appropriate to make the determinations required in the report. The report shall be based on the results of any predisposition investigation, supplementary mental examination and other investigation or inquiry conducted by the department.

SB45, s. 3224 Section 3224. 980.06 (2) (b) of the statutes is amended to read:

SB45,1367,7 980.06 (2) (b) An order for commitment under this section shall specify either institutional care or supervised release. Except as provided in par. (bt), the court shall order institutional care if it finds that it is substantially probable that the person will engage in acts of sexual violence unless the person resides in a facility with a level of security comparable to that of a secure mental health unit or facility specified in s. 980.065.

SB45,1367,24 (bm) In determining under par. (b) whether commitment shall be for institutional care or for supervised release, 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. In deciding whether to order supervised release of person who is a serious child sex offender, the court may not consider, as a factor in making its decision, that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. 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 court's commitment order.

SB45, s. 3225 Section 3225. 980.06 (2) (bt) of the statutes is created to read:

SB45,1368,11 980.06 (2) (bt) If a court determines under par. (b) that it is substantially probable that the person will engage in acts of sexual violence unless he or she resides in a facility with a level of security comparable to that of a secure mental health unit or facility specified in s. 980.065, but the person establishes that it is likely that the daily cost of supervised release under a plan providing for the person to reside in a secure facility would not exceed the daily cost of institutional care for the person, then the court may withhold final determination of the commitment order and order the department to prepare a supervised release plan under par. (c). After preparation of a supervised release plan ordered under this paragraph, the proceedings shall continue as provided under pars. (cm), (cr), (cs) and (ct), as appropriate.

SB45, s. 3226 Section 3226. 980.06 (2) (c) of the statutes is amended to read:

SB45,1369,2 980.06 (2) (c) If the court finds under par. (b) that the person is appropriate for supervised release or orders preparation of a supervised release plan under par. (bt), the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, 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.

SB45,1369,14 (cg) The plan prepared under par. (c) 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. If the plan was ordered to be prepared under par. (bt), the plan shall include information concerning the daily cost of supervised release under the plan and the daily cost of institutional care for the person.

SB45,1370,16 (cm) 2. The plan prepared under par. (c) shall be presented to the court for its approval within 21 days after the court finding finds that the person is appropriate for supervised release under par. (b) or orders preparation of the plan under par. (bt), 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 are detained or evaluated under s. 980.04 or in which persons committed to institutional care under this chapter are placed, unless that county is also the person's county of residence. The court shall hold a hearing on the plan within 30 days after the plan is presented to the court, unless the department, county department and person to be released agree to a later hearing date. At least 10 days before the hearing under this subdivision, the court shall give written notice of the hearing to the person to be released, the district attorney or department of justice, whichever is applicable, the department, the county department that prepared the plan, the chief executive officer of the county in which the person would reside under the plan and the chief executive officer of the city, village or town in which the person would reside under the plan. The person, the district attorney or the attorney general, whichever is applicable, and any chief executive officer who receives notice of the hearing, or the chief executive officer's designee, may present evidence at the hearing. The county department that prepared the plan and the department may, and upon request of the court shall, present evidence at the hearing.

SB45, s. 3227 Section 3227. 980.06 (2) (cm) 1. of the statutes is created to read:

SB45,1370,20 980.06 (2) (cm) 1. In this paragraph, "chief executive officer" means a mayor, city manager, village president, town chairperson, county executive or chairperson of the county board of supervisors.

SB45, s. 3228 Section 3228. 980.06 (2) (cr), (cs), (ct), (cu) and (cv) of the statutes are created to read:

SB45,1371,8 980.06 (2) (cr) Based on the provisions of the plan and on the evidence presented at the hearing under par. (cm) 2., the court shall determine whether the plan provides adequate treatment and services to the person and adequate protection to the community. If the court finds that the plan does not provide adequate treatment and services to the person or adequate protection to the community, the court shall issue a written decision and order disapproving the plan and shall proceed under par. (cs). If the court finds that the plan provides either adequate treatment and services to the person or adequate protection to the community, the court shall, except as provided in par. (ct), issue a written decision and order approving the plan and placing the person on supervised release in the county that prepared the plan.

SB45,1371,13 (cs) If the court disapproves a supervised release plan under par. (cr), it shall order the department and the county department that prepared the plan to revise the plan and present it to the court by a date specified by the court. The court shall hold a hearing on the revised plan and make a determination as to whether to approve or disapprove the plan as provided under pars. (cm) 2. and (cr).

SB45,1371,23 (ct) If a supervised release plan that satisfies the criteria under par. (cr) was ordered to be prepared under par. (bt), the court may approve the plan and order the person placed on supervised release under par. (cr) only if, based on the provisions of the plan and on the evidence presented at the hearing under par. (cm) 2., the court determines that the daily cost of supervised release would not exceed the daily cost of institutional care. If the daily cost of supervised release would exceed the daily cost of institutional care, the court shall disapprove the supervised release plan and order the person to be placed in institutional care. The court may not order a supervised released plan disapproved under this paragraph to be revised under par. (cs).

SB45,1372,3 (cu) If the court approves a supervised release plan under par. (cr), the court shall send a copy of its decision and order approving the plan to the chief executive officers who received notice of the hearing on the plan under par. (cm) 2.

SB45,1372,9 (cv) The county department that prepared the plan and the department shall implement a plan approved by the court under par. (cr). In implementing the plan, 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 department may request the court to make such orders as are necessary to ensure implementation of the plan.

SB45, s. 3229 Section 3229. 980.06 (2) (d) of the statutes is amended to read: