Note: See the Note to Section 40.
SB318, s. 40 14Section 40 . 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and
15amended to read:
SB318,29,816 938.396 (10) Upon request of the department of corrections to review court A
17law enforcement agency's records and
records for the purpose of providing, under s.
18980.015 (3) (a)
of the court assigned to exercise jurisdiction under this chapter and
19ch. 48 shall be open for inspection by authorized representatives of the department
20of corrections, the department of health and family services
, the department of
21justice, or a district attorney with a person's offense history, the court shall open for
22inspection by authorized representatives of the department of corrections the
23records of the court relating to any juvenile who has been adjudicated delinquent for
24a sexually violent offense, as defined in s. 980.01 (6)
for use in the prosecution of any

1proceeding or any evaluation conducted under ch. 980, if the records involve or relate
2to an individual who is the subject of the proceeding or evaluation. The court in
3which the proceeding under ch. 980 is pending may issue any protective orders that
4it determines are appropriate concerning information made available or disclosed
5under this subsection. Any representative of the department of corrections, the
6department of health and family services, the department of justice, or a district
7attorney may disclose information obtained under this subsection for any purpose
8consistent with any proceeding under ch. 980
.
Note: Makes law enforcement records relating to juveniles accessible in SVP
proceedings as described in the Note to Section 5.
SB318, s. 41 9Section 41 . 938.396 (5) (a) (intro.) of the statutes is amended to read:
SB318,29,1310 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub.
11(1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the
12disclosure of the records governed by the applicable subsection. The petition shall
13be in writing and shall describe as specifically as possible all of the following:
SB318, s. 42 14Section 42 . 938.78 (2) (e) of the statutes is amended to read:
SB318,30,615 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
16Notwithstanding par. (a), an agency shall, upon request, disclose information about
17an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent
18offense, as defined in s. 980.01 (6),
to authorized representatives of the department
19of corrections, the department of health and family services,
the department of
20justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
21represents a person subject to a petition
for use in the prosecution of any proceeding
22or any evaluation conducted
under ch. 980, if the information involves or relates to
23an individual who is the subject of the proceeding or evaluation
. The court in which

1the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any
2protective orders that it determines are appropriate concerning information
3disclosed under this paragraph. Any representative of the department of
4corrections, the department of health and family services, the department of justice,
5or a district attorney may disclose information obtained under this paragraph for any
6purpose consistent with any proceeding under ch. 980.
Note: Makes specified juvenile records accessible in SVP proceedings as described
in the Note to Section 5.
SB318, s. 43 7Section 43. 940.20 (1g) of the statutes is created to read:
SB318,30,118 940.20 (1g) Battery by certain committed persons. Any person placed in a
9facility under s. 980.065 and who intentionally causes bodily harm to an officer,
10employee, agent, visitor, or other resident of the facility, without his or her consent,
11is guilty of a Class H felony.
Note: Creates s. 940.20 (1g) to provide that an SVP who has been committed under
ch. 980 and who intentionally causes bodily harm to an officer, employee, agent, visitor,
or other resident of the facility, without his or her consent, is guilty of a Class H felony.
The term "bodily harm" is defined in s. 939.22 (4), stats., to mean physical pain or injury,
illness, or any impairment of physical condition. A Class H felony is punishable by a fine
not to exceed $10,000 or a term of confinement and extended supervision not to exceed
6 years, or both. The crime created in this provision is comparable to the crimes of battery
by prisoners and battery to law enforcement officers and fire fighters; probation,
extended supervision and parole agents and aftercare agents; and emergency medical
care providers. [See s. 940.20 (1), (2), (2m), and (7), stats.]
SB318, s. 44 12Section 44 . 946.42 (1) (a) of the statutes is amended to read:
SB318,31,1213 946.42 (1) (a) "Custody" includes without limitation actual custody of an
14institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
15secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
16as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16),
17a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the
18detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065,

19or a juvenile portion of a county jail, or actual custody of a peace officer or institution

1guard. "Custody" also includes the constructive custody of persons placed on
2supervised release under ch. 980
and constructive custody of prisoners and juveniles
3subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4)
4or (5) (e) temporarily outside the institution whether for the purpose of work, school,
5medical care, a leave granted under s. 303.068, a temporary leave or furlough
6granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation,
7that of the sheriff of the county to which the prisoner was transferred after
8conviction. It does not include the custody of a probationer, parolee or person on
9extended supervision by the department of corrections or a probation, extended
10supervision or parole officer or the custody of a person who has been released to
11aftercare supervision under ch. 938 unless the person is in actual custody or is
12subject to a confinement order under s. 973.09 (4).
Note: See the Note to Section 45.
SB318, s. 45 13Section 45 . 946.42 (3m) of the statutes is created to read:
SB318,31,1514 946.42 (3m) A person who intentionally escapes from custody under any of the
15following circumstances is guilty of a Class F felony:
SB318,31,1716 (a) While subject to a detention order under s. 980.04 (1) or a custody order
17under s. 980.04 (3).
SB318,31,2018 (b) While subject to an order issued under s. 980.06 committing the person to
19custody of the department of health and family services, regardless of whether the
20person is placed in institutional care or on supervised release.
Note: Revises Sections 44 and 45 , the current crime relating to a person in custody
who intentionally escapes from custody (a Class H felony, punishable by a fine not to
exceed $10,000 and a term of imprisonment and extended supervision not to exceed 6
years). Under current law, "custody" is defined as actual custody in an institution,
including a secure juvenile facility, but does not include the custody of a probationer,
parolee, or person on extended supervision unless the person is in actual custody.
The bill:

1. Modifies [in Section 44 ] the definition of "custody" to include: (a) actual custody
in a facility used for the detention of persons committed as SVPs; and (b) without
limitation the constructive custody of a person placed on supervised release.
2. Specifies [in Section 45 ] that a person who intentionally escapes from custody
under the following circumstances is guilty of a Class F felony (punishable by a fine not
to exceed $25,000 and a term of imprisonment and extended supervision not to exceed 12
years and 6 months):
(a) While subject to a detention or custody order pending a petition to commit the
person as an SVP.
(b) While subject to an order committing the person to custody of DHFS, regardless
of whether the person is placed in institutional care or on supervised release.
SB318, s. 46 1Section 46. 950.04 (1v) (xm) of the statutes is amended to read:
SB318,32,42 950.04 (1v) (xm) To have the department of health and family services make
3a reasonable attempt to notify the victim under s. 980.11 regarding supervised
4release under s. 980.08 and discharge under s. 980.09 (3) or 980.10 980.093.
SB318, s. 47 5Section 47. 967.03 of the statutes is amended to read:
SB318,32,8 6967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties
7are imposed upon district attorneys, the same powers and duties may be discharged
8by any of their duly qualified deputies or assistants.
SB318, s. 48 9Section 48. 972.15 (4) of the statutes is amended to read:
SB318,32,1310 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
11or ordered by the court, the presentence investigation report shall be confidential
12and shall not be made available to any person except upon specific authorization of
13the court.
SB318, s. 49 14Section 49 . 972.15 (6) of the statutes is created to read:
SB318,32,1815 972.15 (6) The presentence investigation report and any information contained
16in it or upon which it is based may be used by any of the following persons in any
17evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
18appeal, or other proceeding under ch. 980:
SB318,32,1919 (a) The department of corrections.
SB318,33,1
1(b) The department of health and family services.
SB318,33,32 (c) The person who is the subject of the presentence investigation report, his
3or her attorney, or an agent or employee of the attorney.
SB318,33,44 (d) The attorney representing the state or an agent or employee of the attorney.
SB318,33,65 (e) A licensed physician, licensed psychologist, or other mental health
6professional who is examining the subject of the presentence investigation report.
SB318,33,77 (f) The court and, if applicable, the jury hearing the case.
Note: Revises the current law specifying that, after a conviction, the court may
order a presentence investigation, and, if ordered, it must be disclosed to the defendant's
attorney (or the defendant, if unrepresented) and the DA prior to sentencing. The DOC
may use the investigation report for correctional programming, parole consideration, or
care and treatment.
The bill creates new s. 972.15 (6), permitting the presentence investigation report
and any information contained in it or upon which it is based to be used by any of the
following agencies or persons in any evaluation, examination, referral, hearing, trial,
post commitment relief proceeding, appeal, or other SVP proceeding: (1) DOC and DHFS;
(2) the person who is the subject of the presentence investigation report and his or her
attorney; (3) the attorney representing the state or an agent or employee of the attorney;
(4) a physician, psychologist, or other mental health professional who is examining the
subject of the report; and (5) the court and, if applicable, the jury hearing the case.
SB318, s. 50 8Section 50. 973.155 (1) (c) of the statutes is created to read:
SB318,33,129 973.155 (1) (c) The categories in par. (a) include time during which the
10convicted offender was in the custody of the department of health and family services
11under ch. 980 only if the offender was confined during that time and the confinement
12and the offender's conviction resulted from the same course of conduct.
Note: Creates s. 973.155 (1) (c), relating to allowing sentence credit time for a
convicted offender who was in the custody of the DHFS under ch. 980 if the offender was
confined during that time and the confinement and the offender's conviction resulted
from the same course of conduct.
SB318, s. 51 13Section 51. 978.03 (3) of the statutes, as affected by 2005 Wisconsin Act 25,
14is amended to read:
SB318,34,415 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
16an attorney admitted to practice law in this state and, except as provided in s.

1978.043 (1), may perform any duty required by law to be performed by the district
2attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2)
3may appoint such temporary counsel as may be authorized by the department of
4administration.
SB318, s. 52 5Section 52. 978.04 of the statutes is amended to read:
SB318,34,12 6978.04 Assistants in certain prosecutorial units. The district attorney of
7any prosecutorial unit having a population of less than 100,000 may appoint one or
8more assistant district attorneys as necessary to carry out the duties of his or her
9office and as may be requested by the department of administration authorized in
10accordance with s. 16.505. Any such assistant district attorney must be an attorney
11admitted to practice law in this state and, except as provided in s. 978.043 (1), may
12perform any duty required by law to be performed by the district attorney.
SB318, s. 53 13Section 53. 978.043 of the statutes is renumbered 978.043 (1) and amended
14to read.
SB318,34,2415 978.043 (1) The district attorney of the prosecutorial unit that consists of
16Brown County and the district attorney of the prosecutorial unit that consists of
17Milwaukee County shall each assign one assistant district attorney in his or her
18prosecutorial unit to be a sexually violent person commitment prosecutor. An
19assistant district attorney assigned under this section subsection to be a sexually
20violent person commitment prosecutor may engage only in the prosecution of
21sexually violent person commitment proceedings under ch. 980 and, at the request
22of the district attorney of the prosecutorial unit, may file and prosecute sexually
23violent person commitment proceedings under ch. 980 in any prosecutorial unit in
24this state.
SB318, s. 54 25Section 54 . 978.043 (2) of the statutes is created to read:
SB318,35,8
1978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes
2or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than
3his or her own, the prosecutorial unit in which the case is heard shall reimburse the
4assistant district attorney's own prosecutorial unit for his or her reasonable costs
5associated with the prosecution, including transportation, lodging, and meals.
6Unless otherwise agreed upon by the prosecutorial units involved, the court hearing
7the case shall determine the amount of money to be reimbursed for expert witness
8fees under this subsection.
Note: Creates a new provision specifying that if an assistant DA prosecutes or
assists in the prosecution of an SVP case in another prosecutorial unit, the prosecutorial
unit in which the case is heard must reimburse the assistant DA's own prosecutorial unit
for his or her reasonable costs associated with the prosecution, including transportation,
lodging, and meals. Current law requires the DA in Brown County and the DA in
Milwaukee County to each assign one assistant DA to be an SVP commitment prosecutor,
and specifies that those assistant DAs may file and prosecute SVP commitment
proceedings in any prosecutorial unit in the state.
SB318, s. 55 9Section 55. 978.045 (1r) (intro.) of the statutes is amended to read:
SB318,35,1810 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
11record stating the cause therefor for it, may appoint an attorney as a special
12prosecutor to perform, for the time being, or for the trial of the accused person, the
13duties of the district attorney. An attorney appointed under this subsection shall
14have all of the powers of the district attorney. The judge may appoint an attorney
15as a special prosecutor at the request of a district attorney to assist the district
16attorney in the prosecution of persons charged with a crime, in grand jury or John
17Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may
18appoint an attorney as a special prosecutor if any of the following conditions exists:
SB318, s. 56 19Section 56. 978.05 (6) (a) of the statutes is amended to read:
SB318,36,1120 978.05 (6) (a) Institute, commence or appear in all civil actions or special
21proceedings under and perform the duties set forth for the district attorney under ch.

1980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
2(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
3946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
4connection with court proceedings in a court assigned to exercise jurisdiction under
5chs. 48 and 938 as the judge may request and perform all appropriate duties and
6appear if the district attorney is designated in specific statutes, including matters
7within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
8the authority of the county board to designate, under s. 48.09 (5), that the corporation
9counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1048.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
11interests of the public under s. 48.14 or 938.14.
SB318, s. 57 12Section 57. 978.05 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25,
13is amended to read:
SB318,36,2314 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s.
15978.043 (1), make appropriate assignments of the staff throughout the prosecutorial
16unit. The district attorney may request the assistance of district attorneys, deputy
17district attorneys, or assistant district attorneys from other prosecutorial units or
18assistant attorneys general who then may appear and assist in the investigation and
19prosecution of any matter for which a district attorney is responsible under this
20chapter in like manner as assistants in the prosecutorial unit and with the same
21authority as the district attorney in the unit in which the action is brought. Nothing
22in this paragraph limits the authority of counties to regulate the hiring, employment,
23and supervision of county employees.
SB318, s. 58 24Section 58. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
SB318, s. 59 25Section 59. 978.13 (2) (a) of the statutes is created to read:
SB318,37,4
1978.13 (2) (a) In this subsection, "costs related to the operation of the district
2attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
3(2) but do not include costs for which a prosecutorial unit receives reimbursement
4under s. 978.043 (2).
Note: See the Note to Section 54.
SB318, s. 60 5Section 60. 980.01 (1) of the statutes is renumbered 980.01 (1h).
SB318, s. 61 6Section 61 . 980.01 (1b) of the statutes is created to read:
SB318,37,87 980.01 (1b) "Act of sexual violence" means conduct that constitutes the
8commission of a sexually violent offense.
Note: Creates a new provision [s. 980.01 (1b)] defining "act of sexual violence" to
mean conduct that constitutes the commission of an SVO. Under current law, one part
of the definition of "sexually violent person" is that the person is dangerous because he
or she suffers from a mental disorder that makes it likely that the person will engage in
"acts of sexual violence."
SB318, s. 62 9Section 62 . 980.01 (1j) of the statutes is created to read:
SB318,37,1410 980.01 (1j) "Incarceration" includes confinement in a secured correctional
11facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
12in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person
13was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats.,
14or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
Note: Defines "incarceration" to include confinement in a juvenile facility if the
person was placed in the facility for being adjudicated delinquent on the basis of an SVO.
SB318, s. 63 15Section 63. 980.01 (3) of the statutes is created to read:
SB318,37,1716 980.01 (3) Except in ss. 980.09, 980.093, and 980.095, "petitioner" means the
17agency or person that filed a petition under s. 980.02.
SB318, s. 64 18Section 64. 980.01 (5) of the statutes is amended to read:
SB318,38,3
1980.01 (5) "Sexually motivated" means that one of the purposes for an act is
2for the actor's sexual arousal or gratification or for the sexual humiliation or
3degradation of the victim
.
Note: Revises the definition of "sexually motivated" for purposes of ch. 980. Under
the bill, "sexually motivated" means that one of the purposes for an act is for the actor's
sexual arousal or gratification or for the sexual humiliation or degradation of the victim.
Current law specifies that "sexually motivated" means that one of the purposes for an act
is for the actor's sexual arousal or gratification.
SB318, s. 65 4Section 65 . 980.01 (6) (a) of the statutes is amended to read:
SB318,38,65 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
6(2), 948.025, 948.06, or 948.07.
SB318, s. 66 7Section 66. 980.01 (6) (am) of the statutes is created to read:
SB318,38,98 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
9law of this state and that is comparable to any crime specified in par. (a).
SB318, s. 67 10Section 67. 980.01 (6) (b) of the statutes is amended to read:
SB318,38,1411 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
12940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32,
13or 948.03
that is determined, in a proceeding under s. 980.05 (3) (b), to have been
14sexually motivated.
SB318, s. 68 15Section 68 . 980.01 (6) (bm) of the statutes is created to read:
SB318,38,1816 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
17law of this state, that is comparable to any crime specified in par. (b) and that is
18determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
Note: Revises [in Sections 65 to 68 ] the definition of "sexually violent offense" in
ch. 980 to:
1. Add 3rd-degree sexual assault to the list of sexually violent offenses. Under
current law, "sexually violent offense" means first- or 2nd-degree sexual assault, first-
or 2nd-degree sexual assault of a child, incest with a child, or child enticement. In
addition, "sexually violent offense" includes first- or 2nd-degree intentional homicide,
first- or 2nd-degree reckless homicide, aggravated battery, aggravated battery to an
unborn child, false imprisonment, taking hostages, kidnapping, or burglary if
determined to be sexually motivated.

2. Add felony murder, administering a dangerous or stupefying drug, robbery, and
physical abuse of a child to the list of sexually violent offenses if such an offense is
determined to be sexually motivated.
3. Expand the list of sexually violent offenses to include comparable crimes
committed prior to June 2, 1994.
SB318, s. 69 1Section 69. 980.01 (6) (c) of the statutes is amended to read:
SB318,39,32 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under
3par. (a) or, (am), (b), or (bm).
Loading...
Loading...