LRB-3423/1
MGD:kmg:jf
2001 - 2002 LEGISLATURE
January 16, 2002 - Introduced by Representatives Johnsrud, Hines, Loeffelholz,
Gundrum, Gronemus, Olsen, Ryba, Leibham, Kaufert, Stone, Turner, D.
Meyer, McCormick, Starzyk, Hoven, Huebsch, Musser, Ott, Krawczyk,
Pettis, Nass, Freese, Gunderson, Seratti, Vrakas, Grothman, Lassa,
Townsend, Wasserman, Petrowski
and Plale, cosponsored by Senators M.
Meyer, Burke, Kanavas, S. Fitzgerald, Darling, Cowles, Schultz
and
Hansen. Referred to Committee on Corrections and the Courts.
AB738,1,9 1An Act to renumber 302.11 (4m), 302.116 (1) (a) and 971.17 (1); to renumber
2and amend
980.08 (4) and 980.08 (5); to amend 46.10 (2), 51.42 (3) (aw) 1. d.,
3302.11 (1), 971.17 (1g), 971.17 (1j) (b), 971.17 (1m) (a), 971.17 (1m) (b) 1m.,
4971.17 (1m) (b) 2m., 971.17 (3) (a), 971.17 (3) (e), 971.17 (4) (d), 971.17 (6) (a)
5(intro.), 971.17 (6) (b), 980.08 (3) and 980.08 (6m); and to create 302.11 (1g) (b)
63., 302.11 (4m) (b), 302.116 (1) (ad), 302.116 (1) (af), 302.116 (3), 304.02 (4t),
7304.06 (2m) (af), 971.17 (1b), 971.17 (4f), 973.09 (8), 975.10 (1m), 980.08 (4) (a)
81. b., 980.08 (5) (a) 2. and 980.08 (5) (b) of the statutes; relating to: the
9residence of child sex offenders.
Analysis by the Legislative Reference Bureau
Current law restricts where certain persons who have been convicted of first or
second degree sexual assault, first or second degree sexual assault of a child,
repeated sexual assault of a child, incest with a child, or child enticement (a "serious
sex offense") may reside if they are living in the community. First, no person who has
been convicted of a serious sex offense (a "sex offender") may be paroled to any county
where there is a correctional institution that has a specialized sex offender treatment
program, unless that county was the person's county of residence at the time of the

person's offense. (Presently, this provision only applies to Winnebago County.)
Second, any sex offender who is released to extended supervision must agree, as a
condition of extended supervision, to live in a residence that the department of
corrections (DOC) has approved. Current law also imposes certain obligations on
DOC with respect to where sex offenders reside. DOC must work to minimize, to the
greatest extent possible, the residential population density of sex offenders who are
on probation, parole, or extended supervision or who are placed on supervised release
after having been committed for treatment as sexually violent persons.
This bill places additional restrictions on where child sex offenders -- defined
as a person who has been convicted of child enticement, attempted child enticement,
or, if the victim or the intended victim was under 18, any other serious sex offense
-- may reside. Under the bill, a child sex offender who is being placed in the
community under the supervision of DOC (through parole, extended supervision, or
probation) may not reside within 1,000 feet of any of the following places: 1) a state,
county, city, village, or town park; 2) a multiunit public housing project; 3) a public
swimming pool; 4) a child care facility; 5) a youth center; 6) a community center; or
7) any private or public school premises. The bill imposes the same restriction on:
1) any person being placed in the community on conditional release after having been
found not guilty by reason of mental disease or defect of child enticement, attempted
child enticement, or, if the victim or the intended victim was under 18, any other
serious sex offense; and 2) any person placed on supervised release after having been
committed for treatment as a sexually violent person, regardless of the offense or
offenses that provided a basis for his or her commitment.
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:
AB738, s. 1 1Section 1. 46.10 (2) of the statutes is amended to read:
AB738,3,202 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
3including but not limited to a person admitted, committed, or placed under s. 975.01,
41977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13,
551.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12), and (13), 55.05, 55.06, 971.14
6(2) and (5), 971.17 (1) (1d), 975.06 , and 980.06, receiving care, maintenance, services,
7and supplies provided by any institution in this state including University of
8Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of

1the person's care, maintenance, services, and supplies, any person receiving care and
2services from a county department established under s. 51.42 or 51.437 or from a
3facility established under s. 49.73, and any person receiving treatment and services
4from a public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d)
5or (4) (e) or 980.08 (5) (c) and the person's property and estate, including the
6homestead, and the spouse of the person, and the spouse's property and estate,
7including the homestead, and, in the case of a minor child, the parents of the person,
8and their property and estates, including their homestead, and, in the case of a
9foreign child described in s. 48.839 (1) who became dependent on public funds for his
10or her primary support before an order granting his or her adoption, the resident of
11this state appointed guardian of the child by a foreign court who brought the child
12into this state for the purpose of adoption, and his or her property and estate,
13including his or her homestead, shall be liable for the cost of the care, maintenance,
14services, and supplies in accordance with the fee schedule established by the
15department under s. 46.03 (18). If a spouse, widow, or minor, or an incapacitated
16person may be lawfully dependent upon the property for their support, the court
17shall release all or such part of the property and estate from the charges that may
18be necessary to provide for those persons. The department shall make every
19reasonable effort to notify the liable persons as soon as possible after the beginning
20of the maintenance, but the notice or the receipt thereof is not a condition of liability.
AB738, s. 2 21Section 2. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
AB738,4,422 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
23conditional release plan approved by a court for a person who is a county resident and
24is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
25release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5)

1(d). If the county department provides treatment and services under this
2subdivision, the department of health and family services shall, from the
3appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the
4treatment and services.
AB738, s. 3 5Section 3. 302.11 (1) of the statutes is amended to read:
AB738,4,126 302.11 (1) The warden or superintendent shall keep a record of the conduct of
7each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
8(1m), (1q), (1z), (4m) (b), (7), and (10), each inmate is entitled to mandatory release
9on parole by the department. The mandatory release date is established at
10two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b)
11or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a
12whole day.
AB738, s. 4 13Section 4. 302.11 (1g) (b) 3. of the statutes is created to read:
AB738,4,1914 302.11 (1g) (b) 3. Refusal by the inmate, if the inmate is a child sex offender,
15as defined in s. 302.116 (1) (af), to reside, as a condition of parole, in a residence that
16is not within 1,000 feet of any state, county, city, village, or town park, a multiunit
17public housing project, a swimming pool open to members of the public, a child care
18facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any
19private or public school premises.
AB738, s. 5 20Section 5. 302.11 (4m) of the statutes is renumbered 302.11 (4m) (a).
AB738, s. 6 21Section 6. 302.11 (4m) (b) of the statutes is created to read:
AB738,5,222 302.11 (4m) (b) A child sex offender, as defined in s. 302.116 (1) (af), is not
23entitled to mandatory release on parole under this section unless he or she agrees,
24as a condition of parole, not to reside within 1,000 feet of any state, county, city,
25village, or town park, a multiunit public housing project, a swimming pool open to

1members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth
2center, a community center, or any private or public school premises.
AB738, s. 7 3Section 7. 302.116 (1) (a) of the statutes, as created by 2001 Wisconsin Act 16,
4is renumbered 302.116 (1) (at).
AB738, s. 8 5Section 8. 302.116 (1) (ad) of the statutes is created to read:
AB738,5,86 302.116 (1) (ad) "Child care facility" means a child care facility that is operated
7by a person licensed under s. 48.65 or 48.69 or certified under s. 48.651 or that is
8established or contracted for under s. 120.13 (14).
AB738, s. 9 9Section 9. 302.116 (1) (af) of the statutes is created to read:
AB738,5,1110 302.116 (1) (af) "Child sex offender" means a person serving a sentence for any
11of the following:
AB738,5,1312 1. A violation of s. 948.07 or a solicitation or conspiracy to commit a violation
13of s. 948.07.
AB738,5,1614 2. Any other serious sex offense, if the victim or the intended victim of the
15serious sex offense was a person who had not attained the age of 18 years at the time
16of the offense.
AB738, s. 10 17Section 10. 302.116 (3) of the statutes is created to read:
AB738,5,2218 302.116 (3) As a condition of extended supervision, a child sex offender shall
19live in a residence that is not within 1,000 feet of any state, county, city, village, or
20town park, a multiunit public housing project, a swimming pool open to members of
21the public, a child care facility, a youth center, a community center, or any private or
22public school premises.
AB738, s. 11 23Section 11. 304.02 (4t) of the statutes is created to read:
AB738,6,424 304.02 (4t) Notwithstanding subs. (1) to (3), a child sex offender, as defined in
25s. 302.116 (1) (af), may not be paroled under this section unless he or she agrees, as

1a condition of parole, not to reside within 1,000 feet of any state, county, city, village,
2or town park, a multiunit public housing project, a swimming pool open to members
3of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a
4community center, or any private or public school premises.
AB738, s. 12 5Section 12. 304.06 (2m) (af) of the statutes is created to read:
AB738,6,116 304.06 (2m) (af) Neither the parole commission nor the department may parole
7a child sex offender, as defined in s. 302.116 (1) (af), unless he or she agrees, as a
8condition of parole, not to reside within 1,000 feet of any state, county, city, village,
9or town park, a multiunit public housing project, a swimming pool open to members
10of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a
11community center, or any private or public school premises.
AB738, s. 13 12Section 13. 971.17 (1) of the statutes is renumbered 971.17 (1d).
AB738, s. 14 13Section 14. 971.17 (1b) of the statutes is created to read:
AB738,6,1514 971.17 (1b) In this section, "child sex offender" means a person who has been
15found not guilty by reason of mental disease or defect of any of the following:
AB738,6,1716 (a) A violation of s. 948.07 or a solicitation or conspiracy to commit a violation
17of s. 948.07.
AB738,6,2018 (b) Any other serious sex offense, if the victim or the intended victim of the
19serious sex offense was a person who had not attained the age of 18 years at the time
20of the offense.
AB738, s. 15 21Section 15. 971.17 (1g) of the statutes is amended to read:
AB738,6,2422 971.17 (1g) If the defendant under sub. (1) (1d) is found not guilty of a felony
23by reason of mental disease or defect, the court shall inform the defendant of the
24requirements and penalties under s. 941.29.
AB738, s. 16 25Section 16. 971.17 (1j) (b) of the statutes is amended to read:
AB738,7,6
1971.17 (1j) (b) If a person is found not guilty by reason of mental disease or
2defect of a serious sex offense, the court may, in addition to committing the person
3to the department of health and family services under sub. (1) (1d), place the person
4on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was
5given to the person under s. 973.125 and if the court determines that lifetime
6supervision of the person is necessary to protect the public.
AB738, s. 17 7Section 17. 971.17 (1m) (a) of the statutes is amended to read:
AB738,7,118 971.17 (1m) (a) If the defendant under sub. (1) (1d) is found not guilty by reason
9of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or
10948.025, the court shall require the person to provide a biological specimen to the
11state crime laboratories for deoxyribonucleic acid analysis.
AB738, s. 18 12Section 18. 971.17 (1m) (b) 1m. of the statutes is amended to read:
AB738,7,2013 971.17 (1m) (b) 1m. Except as provided in subd.2m., if the defendant under sub.
14(1) (1d) is found not guilty by reason of mental disease or defect for any violation, or
15for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944,
16or 948 or ss. 943.01 to 943.15, the court may require the defendant to comply with
17the reporting requirements under s. 301.45 if the court determines that the
18underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it
19would be in the interest of public protection to have the defendant report under s.
20301.45.
AB738, s. 19 21Section 19. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB738,8,522 971.17 (1m) (b) 2m. If the defendant under sub. (1) (1d) is found not guilty by
23reason of mental disease or defect for a violation, or for the solicitation, conspiracy,
24or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) , or (3), 944.06, 948.02
25(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or

1(am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and
2the defendant was not the victim's parent, the court shall require the defendant to
3comply with the reporting requirements under s. 301.45 unless the court determines,
4after a hearing on a motion made by the defendant, that the defendant is not required
5to comply under s. 301.45 (1m).
AB738, s. 20 6Section 20. 971.17 (3) (a) of the statutes is amended to read:
AB738,8,207 971.17 (3) (a) An order for commitment under this section shall specify either
8institutional care or conditional release. The court shall order institutional care if
9it finds by clear and convincing evidence that conditional release of the person would
10pose a significant risk of bodily harm to himself or herself or to others or of serious
11property damage. If or that the person is a child sex offender who refuses to comply
12with sub. (4f). Otherwise,
the court does not make this finding, it shall order
13conditional release. In determining whether commitment shall be for institutional
14care or conditional release
the person would pose a significant risk of bodily harm to
15himself or herself or to others or of serious property damage
, the court may consider,
16without limitation because of enumeration, the nature and circumstances of the
17crime, the person's mental history and present mental condition, where the person
18will live, how the person will support himself or herself, what arrangements are
19available to ensure that the person has access to and will take necessary medication,
20and what arrangements are possible for treatment beyond medication.
AB738, s. 21 21Section 21. 971.17 (3) (e) of the statutes is amended to read:
AB738,9,2422 971.17 (3) (e) An order for conditional release places the person in the custody
23and control of the department of health and family services. A conditionally released
24person is subject to the conditions set by the court and , to the rules of the department
25of health and family services, and, if applicable, to sub. (4f). Before a person is

1conditionally released by the court under this subsection, the court shall so notify the
2municipal police department and county sheriff for the area where the person will
3be residing. The notification requirement under this paragraph does not apply if a
4municipal department or county sheriff submits to the court a written statement
5waiving the right to be notified. If the department of health and family services
6alleges that a released person has violated any condition or rule, or that the safety
7of the person or others requires that conditional release be revoked, he or she may
8be taken into custody under the rules of the department. The department of health
9and family services shall submit a statement showing probable cause of the
10detention and a petition to revoke the order for conditional release to the committing
11court and the regional office of the state public defender responsible for handling
12cases in the county where the committing court is located within 48 hours after the
13detention. The court shall hear the petition within 30 days, unless the hearing or
14time deadline is waived by the detained person. Pending the revocation hearing, the
15department of health and family services may detain the person in a jail or in a
16hospital, center or facility specified by s. 51.15 (2). The state has the burden of
17proving by clear and convincing evidence that any rule or condition of release has
18been violated, or that the safety of the person or others requires that conditional
19release be revoked. If the court determines after hearing that any rule or condition
20of release has been violated, or that the safety of the person or others requires that
21conditional release be revoked, it may revoke the order for conditional release and
22order that the released person be placed in an appropriate institution under s. 51.37
23(3) until the expiration of the commitment or until again conditionally released
24under this section.
AB738, s. 22 25Section 22. 971.17 (4) (d) of the statutes is amended to read:
AB738,10,15
1971.17 (4) (d) The court, without a jury, shall hear the petition within 30 days
2after the report of the court-appointed examiner is filed with the court, unless the
3petitioner waives this time limit. Expenses of proceedings under this subsection
4shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless
5it finds by clear and convincing evidence that the person would pose a significant risk
6of bodily harm to himself or herself or to others or of serious property damage if
7conditionally released. In making this determination or that the person is a child sex
8offender who refuses to comply with sub. (4f). In determining whether the person
9would pose a significant risk of bodily harm to himself or herself or to others or of
10serious property damage
, the court may consider, without limitation because of
11enumeration, the nature and circumstances of the crime, the person's mental history
12and present mental condition, where the person will live, how the person will support
13himself or herself, what arrangements are available to ensure that the person has
14access to and will take necessary medication, and what arrangements are possible
15for treatment beyond medication.
AB738, s. 23 16Section 23. 971.17 (4f) of the statutes is created to read:
AB738,10,2217 971.17 (4f) Residency of child sex offenders on conditional release. A child
18sex offender who is conditionally released under sub. (3) or (4) (e) may not, as a
19condition of the person's release, reside within 1,000 feet of any state, county, city,
20village, or town park, a multiunit public housing project, a swimming pool open to
21members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth
22center, a community center, or any private or public school premises.
AB738, s. 24 23Section 24. 971.17 (6) (a) (intro.) of the statutes is amended to read:
AB738,11,3
1971.17 (6) (a) (intro.) At least 60 days prior to the expiration of a commitment
2order under sub. (1) (1d), the department of health and family services shall notify
3all of the following:
AB738, s. 25 4Section 25. 971.17 (6) (b) of the statutes is amended to read:
AB738,11,95 971.17 (6) (b) Upon the expiration of a commitment order under sub. (1) (1d),
6the court shall discharge the person, subject to the right of the department of health
7and family services or the appropriate county department under s. 51.42 or 51.437
8to proceed against the person under ch. 51 or 55. If none of those departments
9proceeds against the person under ch. 51 or 55, the court may order the proceeding.
AB738, s. 26 10Section 26. 973.09 (8) of the statutes is created to read:
AB738,11,1611 973.09 (8) If the court places a child sex offender, as defined in s. 302.116 (1)
12(af), on probation, the court shall prohibit the probationer, as a condition of
13probation, from residing within 1,000 feet of any state, county, city, village, or town
14park, a multiunit public housing project, a swimming pool open to members of the
15public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a
16community center, or any private or public school premises.
AB738, s. 27 17Section 27. 975.10 (1m) of the statutes is created to read:
AB738,11,2218 975.10 (1m) A person may not be released on parole under sub. (1) unless he
19or she agrees, as a condition of parole, not to reside within 1,000 feet of any state,
20county, city, village, or town park, a multiunit public housing project, a swimming
21pool open to members of the public, a child care facility, as defined in s. 302.116 (1)
22(ad), a youth center, a community center, or any private or public school premises.
AB738, s. 28 23Section 28. 980.08 (3) of the statutes is amended to read:
AB738,12,1024 980.08 (3) Within 20 days after receipt of the petition, the court shall appoint
25one or more examiners having the specialized knowledge determined by the court to

1be appropriate, who shall examine the person and furnish a written report of the
2examination to the court within 30 days after appointment. The examiners shall
3have reasonable access to the person for purposes of examination and to the person's
4past and present treatment records, as defined in s. 51.30 (1) (b), and patient health
5care records, as provided under s. 146.82 (2) (c). If any such examiner believes that
6the person is appropriate for supervised release under the criterion criteria specified
7in sub. (4) (a) 1., the examiner shall report on the type of treatment and services that
8the person may need while in the community on supervised release. The county shall
9pay the costs of an examiner appointed under this subsection as provided under s.
1051.20 (18) (a).
AB738, s. 29 11Section 29. 980.08 (4) of the statutes is renumbered 980.08 (4) (a) 1. (intro.)
12and amended to read:
AB738,12,1813 980.08 (4) (a) 1. (intro.) The court, without a jury, shall hear the petition within
1430 days after the report of the court-appointed examiner is filed with the court,
15unless the petitioner waives this time limit. Expenses of proceedings under this
16subsection shall be paid as provided under s. 51.20 (18) (b), (c) and (d). The court shall
17grant the petition unless the state proves one of the following by clear and convincing
18evidence that:
AB738,12,22 19a. That the person is still a sexually violent person and that it is still
20substantially probable that the person will engage in acts of sexual violence if the
21person is not continued in institutional care. In making a decision under this
22subsection
AB738,13,11 232. In deciding whether to make a finding under subd. 1. a., the court may
24consider, without limitation because of enumeration, the nature and circumstances
25of the behavior that was the basis of the allegation in the petition under s. 980.02 (2)

1(a), the person's mental history and present mental condition, where the person will
2live, how the person will support himself or herself and what arrangements are
3available to ensure that the person has access to and will participate in necessary
4treatment, including pharmacological treatment using an antiandrogen or the
5chemical equivalent of an antiandrogen if the person is a serious child sex offender.
6A decision under this subsection subd. 1. a. on a petition filed by a person who is a
7serious child sex offender may not be made based on the fact that the person is a
8proper subject for pharmacological treatment using an antiandrogen or the chemical
9equivalent of an antiandrogen or on the fact that the person is willing to participate
10in pharmacological treatment using an antiandrogen or the chemical equivalent of
11an antiandrogen.
AB738, s. 30 12Section 30. 980.08 (4) (a) 1. b. of the statutes is created to read:
AB738,13,1413 980.08 (4) (a) 1. b. That the person who is the subject of the petition refuses to
14comply with sub. (5) (a) 2.
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