AB945,57,75 5. The person who will be placed on supervised release will comply with the
6provider's treatment requirements and all of the requirements that are imposed by
7the department and the court.
AB945,57,108 6. The department has made provisions for the necessary services, including
9sex offender treatment, other counseling, medication, community support services,
10residential services, vocational services, and alcohol or other drug abuse treatment.
AB945, s. 111 11Section 111. 980.08 of the statutes is repealed and recreated to read:
AB945,57,16 12980.08 Supervised release; procedures, implementation, revocation.
13(1) If the court determines under s. 980.07 (7) that supervised release is appropriate,
14the court shall order the county department under s. 51.42 in the county of intended
15placement, whichever is appropriate, to assist the department of health and family
16services in implementing the supervised release placement.
AB945,57,19 17(2) The department shall file with the court any additional rules of supervision
18not inconsistent with the rules or conditions imposed by the court within 10 days of
19imposing the rule.
AB945,57,21 20(3) If the department wishes to change a rule or condition of supervision
21imposed by the court, it must obtain the court's approval.
AB945,58,5 22(4) An order granting supervised release places the person in the care, control,
23and custody of the department. The department shall arrange for the care, control,
24and treatment of the person in the least restrictive manner consistent with the
25requirements of the person and in accordance with the order for supervised release.

1Before a person is actually released under this section, the court shall notify the
2municipal police department and county sheriff for the municipality and county in
3which the person will be residing. The notification requirement under this
4subsection does not apply if a municipal police department or county sheriff submits
5to the court a written statement waiving the right to be notified.
AB945,58,9 6(5) (a) If the department concludes that a person on supervised release, or
7awaiting placement on supervised release, violated or threatened to violate a rule of
8supervised release, it may petition for revocation of the order granting supervised
9release. The department may also detain the person.
AB945,58,1310 (b) If the department concludes that a person on supervised release, or
11awaiting placement on supervised release, is a threat to the safety of others, it shall
12detain the person and petition for revocation of the order granting supervised
13release.
AB945,58,2414 (c) If the department concludes that the order granting supervised release
15should be revoked, it shall file a statement alleging the violation and a petition to
16revoke the order for supervised release with the committing court and provide a copy
17of each to the regional office of the state public defender responsible for handling
18cases in the county where the committing court is located. If the department has
19detained the person under par. (a) or (b), the department shall file the statement and
20the petition and provide them to the state public defender within 72 hours after the
21detention, excluding Saturdays, Sundays, and legal holidays. The court shall refer
22the matter to the authority for indigency determinations under s. 977.07 (1) and
23appointment of counsel under s. 977.05 (4) (j). The determination of indigency and
24the appointment of counsel shall be done as soon as circumstances permit.
AB945,59,5
1(d) The court shall hear the petition within 30 days, unless the hearing or time
2deadline is waived. A final decision on the petition to revoke shall be made within
390 days of the filing of the petition. Pending the final revocation hearing, the
4department may detain the person in the county jail or return him or her to
5institutional care.
AB945,59,11 6(6) (a) If the court finds after a hearing, by clear and convincing evidence, that
7any rule has been violated and that the violation of the rule merits the revocation of
8the order granting supervised release, the court may revoke the order for supervised
9release and order that the person be placed in institutional care. The person shall
10remain in institutional care until he or she is discharged from the commitment or
11again placed on supervised release.
AB945,59,1612 (b) If the court finds after a hearing, by clear and convincing evidence, that the
13safety of others requires that supervised release be revoked, the court shall revoke
14the order granting supervised release and order that the person be placed in
15institutional care. The person shall remain in institutional care until he or she is
16discharged from the commitment or again placed on supervised release.
AB945, s. 112 17Section 112. 980.09 (title) of the statutes is amended to read:
AB945,59,19 18980.09 (title) Petition for discharge; procedure with department's
19approval
.
AB945, s. 113 20Section 113. 980.09 (1) (title) of the statutes is repealed.
AB945, s. 114 21Section 114. 980.09 (1) (a) of the statutes is renumbered 980.09 (1) and
22amended to read:
AB945,60,523 980.09 (1) If the secretary department determines at any time that a person
24committed under this chapter is no longer does not meet the criteria for commitment
25as
a sexually violent person, the secretary department shall authorize the person to

1petition the committing court for discharge. The person department shall file the
2petition with the court and serve a copy upon the department of justice or the district
3attorney's office that filed the petition under s. 980.02 (1), whichever is applicable.
4The court, upon receipt of the petition for discharge, shall order a hearing to be held
5within 45 90 days after the date of receipt of the petition.
AB945, s. 115 6Section 115. 980.09 (1) (b) of the statutes is renumbered 980.09 (2m) and
7amended to read:
AB945,60,148 980.09 (2m) At a hearing under this subsection section, the district attorney
9or the department of justice, whichever filed the original petition, shall represent the
10state and shall have the right to have the petitioner examined by an expert or
11professional person of his, her or its choice. The hearing shall be before the court
12without a jury.
The state has the burden of proving by clear and convincing evidence
13that the petitioner is still currently meets the criteria for commitment as a sexually
14violent person.
AB945, s. 116 15Section 116. 980.09 (1) (c) of the statutes is renumbered 980.09 (3) and
16amended to read:
AB945,60,2217 980.09 (3) If the court is satisfied that the state has not met its burden of proof
18under par. (b) sub. (2m), the petitioner shall be discharged from the custody or
19supervision
of the department. If the court is satisfied that the state has met its
20burden of proof under par. (b) sub. (2m), the court may proceed under 980.07 (7) (b)
21to (d)
to determine, using the criterion specified in s. 980.08 (4), whether to modify
22the petitioner's existing commitment order by authorizing supervised release.
AB945, s. 117 23Section 117. 980.09 (2) of the statutes is repealed.
AB945, s. 118 24Section 118. 980.093 of the statutes is created to read:
AB945,61,6
1980.093 Petition for discharge without department's approval. (1)
2Petitions in general. A committed person may petition the committing court for
3discharge without the department's approval. The court shall deny the petition
4under this section without a hearing unless the petition alleges facts from which the
5court may conclude the person's condition has changed so that the person does not
6meet the criteria for commitment as a sexually violent person.
AB945,61,13 7(2) Court review of petition. The court shall review the petition to determine
8if it contains facts from which the court may conclude that the person does not meet
9the criteria for commitment as a sexually violent person. In determining under this
10subsection whether facts exist that might warrant such a conclusion, the court shall
11consider any current or past reports filed under s. 980.07, relevant arguments in the
12petition and in the state's written response, and any supporting documentation
13provided by the person or the state.
AB945,61,18 14(3) Hearing. The court shall hold a hearing within 90 days of the determination
15that the petition contains facts from which the court may conclude that the person
16does not meet the criteria for commitment as a sexually violent person. The state has
17the burden of proving by clear and convincing evidence that the person meets the
18criteria for commitment as a sexually violent person.
AB945,61,24 19(4) Disposition. If the court is satisfied that the state has not met its burden
20of proof under sub. (3), the petitioner shall be discharged from the custody or
21supervision of the department. If the court is satisfied that the state has met its
22burden of proof under sub. (3), the court may proceed under s. 980.07 (7) (b) to (d) to
23determine whether to modify the petitioner's existing commitment order by
24authorizing supervised release.
AB945, s. 119 25Section 119. 980.095 of the statutes is created to read:
AB945,62,5
1980.095 Procedures for discharge hearings. (1) Use of juries. (a) The
2district attorney or the department of justice, whichever filed the original petition,
3or the petitioner or his or her attorney may request that a hearing under s. 980.093
4or 980.096 be to a jury of 6. A jury trial is deemed waived unless it is demanded
5within 10 days of the filing of the petition for discharge.
AB945,62,136 (b) Juries shall be selected and treated in the same manner as they are selected
7and treated in civil actions in circuit court. The number of jurors prescribed in
8par.(a), plus the number of peremptory challenges available to all of the parties, shall
9be called initially and maintained in the jury box by calling others to replace jurors
10excused for cause until all jurors have been examined. The parties shall thereupon
11exercise in their order, the state beginning, the peremptory challenges available to
12them, and if any party declines to challenge, the challenge shall be made by the clerk
13by lot.
AB945,62,1514 (c) No verdict shall be valid or received unless it is agreed to by at least 5 of the
15jurors.
AB945,62,18 16(2) Department's right to be heard. If the department chooses to appear and
17be heard at any discharge hearing, the department shall be represented at the
18hearing by its agency counsel.
AB945,62,20 19(3) Post verdict motions. Motions after verdict may be made without further
20notice upon receipt of the verdict.
AB945,62,22 21(4) Appeals. Any party may appeal an order under this subsection as a final
22order under chs. 808 and 809.
AB945, s. 120 23Section 120. 980.10 of the statutes is repealed.
AB945, s. 121 24Section 121. 980.101 (2) (a) of the statutes is amended to read:
AB945,63,6
1980.101 (2) (a) If the sexually violent offense was the sole basis for the
2allegation under s. 980.02 (2) (a) and there are no other judgments relating to a
3sexually violent offense committed by the person, the court shall reverse, set aside,
4or vacate the judgment under s. 980.05 (5) that the person is a sexually violent
5person, vacate the commitment order, and discharge the person from the custody or
6supervision
of the department.
AB945, s. 122 7Section 122. 980.11 (2) (intro.) of the statutes is amended to read:
AB945,63,108 980.11 (2) (intro.) If the court places a person on supervised release under s.
9980.08 or discharges a person under s. 980.09 or 980.10 980.093, the department
10shall do all of the following:
AB945, s. 123 11Section 123. 980.12 (1) of the statutes is amended to read:
AB945,63,1512 980.12 (1) Except as provided in ss. 980.03 (4) 980.031 (3) and 980.08 (3), the
13department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all
14costs relating to the evaluation, treatment, and care of persons evaluated or
15committed under this chapter.
AB945, s. 124 16Section 124. 980.14 (title) of the statutes is created to read:
AB945,63,17 17980.14 (title) Immunity.
AB945, s. 125 18Section 125. 980.14 (1) of the statutes is created to read:
AB945,63,2119 980.14 (1) In this section, "agency" means the department of corrections, the
20department of health and family services, the department of justice, or a district
21attorney.
AB945, s. 126 22Section 126. Nonstatutory provisions.
AB945,64,223 (1) (a) There is created a committee to assist the state in determining the
24location for the facility enumerated in 2001 Wisconsin Act 16, section 9107 (1) (d) 1.,

1that will be a transitional facility for the housing of persons committed to the custody
2of the department of health and family services under chapter 980 of the statutes.
AB945,64,43 (b) The departments of corrections and health and family services shall provide
4necessary administrative support services to the committee.
AB945,64,85 (c) The department of administration shall reimburse members of the
6committee for their actual and necessary expenses incurred in carrying out their
7functions, from the appropriation under section 20.505 (4) (ba) of the statutes, within
8the budget authorized under section 16.40 (14) of the statutes.
AB945,64,99 (d) The members of the committee shall be:
AB945,64,11 101. The chairperson of the Milwaukee County board of supervisors or his or her
11designee.
AB945,64,12 122. The chief of police of the city of Milwaukee or his or her designee.
AB945,64,13 133. The county executive of Milwaukee County or his or her designee.
AB945,64,14 144. The district attorney of Milwaukee County or his or her designee.
AB945,64,15 155. The mayor of the city of Milwaukee or his or her designee.
AB945,64,16 166. The sheriff of Milwaukee County or his or her designee.
AB945,64,18 177. One representative of the Milwaukee County Law Enforcement Executives
18Association who is not from the city of Milwaukee.
AB945,64,20 198. One representative of the intergovernmental cooperation council who is not
20from the city of Milwaukee.
AB945,64,22 219. Three other individuals who are residents of the city of Milwaukee, to be
22appointed by the governor.
AB945,64,24 2310. Two other individuals who are residents of Milwaukee County but who are
24not residents of the city of Milwaukee, to be appointed by the governor.
AB945,65,2
1(e) The governor shall appoint the chair of the committee from the individuals
2appointed under par. (d) 9. and 10.
AB945,65,63 (f) The committee shall hold public hearings in Milwaukee County regarding
4the selection of a location of the facility. The committee shall consider all of the
5following factors when determining the criteria for the location of the facility or when
6determining specific locations for the facility:
AB945,65,7 71. Community safety.
AB945,65,8 82. Proximity to sensitive locations.
AB945,65,9 93. Ability to make the facility secure.
AB945,65,10 104. Accessibility to treatment for the persons living in the facility.
AB945,65,1411 (g) No later than December 31, 2004, the committee shall submit a report to
12the departments of corrections and health and family services recommending
13specific locations that the committee determines are appropriate for the placement
14of the facility.
AB945, s. 127 15Section 127. Initial applicability.
AB945,65,2016 (1) This act first applies to reviews regarding detention and probable cause
17hearings under section 980.04 of the statutes, as affected by this act, and trials under
18section 980.05 of the statutes, as affected by this act, that are based on a petition filed
19under s. 980.02 of the statutes, as affected by this act, on the effective date of this
20subsection.
AB945,65,2321 (2) This act first applies to periodic reexaminations conducted under section
22980.07 of the statutes, as affected by this act, begun on the effective date of this
23subsection.
AB945,66,424 (3) This act first applies to proceedings to revoke supervised release under
25section 980.08 (5) of the statutes, as affected by this act, that are commenced on the

1effective date of this subsection, except that the treatment of section 980.08 (5) of the
2statutes, with respect to where a person may be detained while a petition to revoke
3supervised release is pending, first applies to a person whose detention commences
4on the effective date of this subsection.
AB945,66,65 (4) This act first applies to discharge proceedings commenced on the effective
6date of this subsection.
AB945, s. 128 7Section 128. Effective dates. This act takes effect on the first day of the 2nd
8month beginning after publication, except as follows:
AB945,66,109 (1) This treatment of section 946.42 (1) (a) and (3m) of the statutes takes effect
10on the day after publication.
AB945,66,1111 (End)
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