SB318: Bill Text

Note: Makes pupil records accessible in SVP proceedings as described in the Note to Section 5.

SB318, s. 20 Section 20. 146.82 (2) (c) of the statutes is amended to read:

SB318,22,16 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with ss. s. 971.17 (2) (e), (4) (c), and (7) (c), 980.03 (4) and 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB318, s. 21 Section 21 . 146.82 (2) (cm) of the statutes is created to read:

SB318,23,6 146.82 (2) (cm) Notwithstanding sub. (1), patient health care records shall be released, upon request, to appropriate persons in accordance with s. 980.031 (4) and to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the treatment records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

Note: Makes patient health care records accessible in SVP proceedings as described in the Note to Section 5.

SB318, s. 22 Section 22. 301.03 (19) of the statutes is amended to read:

SB318,23,11 301.03 (19) Work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (5) 980.07 (7).

SB318, s. 23 Section 23. 301.45 (1g) (dt) of the statutes is amended to read:

SB318,23,14 301.45 (1g) (dt) Is in institutional care or on conditional supervised release under ch. 980 on or after June 2, 1994.

SB318, s. 24 Section 24. 301.45 (3) (a) 3r. of the statutes is amended to read:

SB318,23,20 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.10, 2003 stats., or s. 980.09 (3) or 980.10 980.093.

SB318, s. 25 Section 25. 301.45 (3) (b) 3. of the statutes is amended to read:

SB318,24,3 301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

SB318, s. 26 Section 26. 301.45 (5) (b) 2. of the statutes is amended to read:

SB318,24,10 301.45 (5) (b) 2. The person has been found to be a sexually violent person under ch. 980, regardless of whether the person is has been discharged under s. 980.10, 2003 stats., or s. 980.09 (3) or 980.10 980.093 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.

SB318, s. 27 Section 27. 756.06 (2) (b) of the statutes is amended to read:

SB318,24,15 756.06 (2) (b) Except as provided in par. (c) and ss. 980.05 (2) and (2m) (c), 980.09 (2m), 980.093 (3), and 980.095 (3), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.

Note: See the Note to Section 101.

SB318, s. 28 Section 28. 801.52 of the statutes is amended to read:

SB318,24,20 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses. This section does not apply to proceedings under ch. 980.

Note: See the Note to Section 90.

SB318, s. 29 Section 29. 808.04 (3) of the statutes is amended to read:

SB318,25,3 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938 , or 980 shall be initiated within the time period specified in s. 809.30.

SB318, s. 30 Section 30. 808.04 (4) of the statutes is amended to read:

SB318,25,7 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or , 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

SB318, s. 31 Section 31. 808.075 (4) (h) of the statutes is amended to read:

SB318,25,12 808.075 (4) (h) Commitment, supervised release, recommitment, discharge, and postcommitment relief under s. 980.10, 2003 stats., or ss. 980.06, 980.08, 980.09, 980.10 (3), 980.093, and 980.101 of a person found to be a sexually violent person under ch. 980.

SB318, s. 32 Section 32. 809.10 (1) (d) of the statutes is amended to read:

SB318,25,24 809.10 (1) (d) Docketing statement. The person shall send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the court of appeals' copy of the notice of appeal. The person shall send a copy of the completed docketing statement to the other parties to the appeal. Docketing statements need not be filed in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7) , in cases under ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to s. 809.50, except that docketing statements shall be filed in cases arising under chs. 48, 51, 55, or 938.

SB318, s. 33 Section 33. 809.30 (1) (c) of the statutes is amended to read:

SB318,26,5 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB318, s. 34 Section 34. 809.30 (1) (f) of the statutes is amended to read:

SB318,26,9 809.30 (1) (f) "Sentencing" means the imposition of a sentence, a fine, or probation in a criminal case. In a ch. 980 case, the term means the entry of an order under s. 980.06.

SB318, s. 35 Section 35 . 814.61 (1) (c) 6. of the statutes is created to read:

SB318,26,11 814.61 (1) (c) 6. An action to commit a person under ch. 51, 55, or 980.

Note: See the Note to Section 79.

SB318, s. 36 Section 36 . 905.04 (4) (a) of the statutes is amended to read:

SB318,26,24 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services, or protective placement or for control, care, or treatment of a sexually violent person. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for court-ordered protective services or protective placement or, for review of guardianship, protective services, or protective placement orders, or for control, care, or treatment of a sexually violent person under ch. 980, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement or control, care, and treatment as a sexually violent person.

Note: Revises current s. 905.04 (4) (a), stats., relating to privileged communications with health care providers. Under current law, in general, a patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental, or emotional condition, between the patient and a health care provider. There is no privilege as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian, for court-ordered protective services, or for protective placement if the health care provider in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement.

The bill includes in the privilege exception communications and information relevant to an issue in proceedings for control, care, and treatment of an SVP.

SB318, s. 37 Section 37. 911.01 (4) (c) of the statutes is amended to read:

SB318,27,8 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195 (1r), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.093 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

SB318, s. 38 Section 38 . 938.35 (1) (e) of the statutes is created to read:

SB318,27,10 938.35 (1) (e) In a hearing, trial, or other proceeding under ch. 980.

Note: Creates, with reference to the admissibility of delinquency dispositions, an exception for a hearing, trial, or other SVP proceeding relating to a juvenile. Under current law, the disposition of a juvenile, and any record of evidence given in a hearing in juvenile court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except as specified under the statutes. This Section provides that such information is admissible in an SVP proceeding.

SB318, s. 39 Section 39. 938.396 (1) of the statutes is amended to read:

SB318,28,13 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies, or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: See the Note to Section 40.

SB318, s. 40 Section 40 . 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and amended to read:

SB318,29,8 938.396 (10) Upon request of the department of corrections to review court A law enforcement agency's records and records for the purpose of providing, under s. 980.015 (3) (a) of the court assigned to exercise jurisdiction under this chapter and ch. 48 shall be open for inspection by authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6) for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this subsection for any purpose consistent 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 Section 41 . 938.396 (5) (a) (intro.) of the statutes is amended to read:

SB318,29,13 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:

SB318, s. 42 Section 42 . 938.78 (2) (e) of the statutes is amended to read:

SB318,30,6 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing Notwithstanding par. (a), an agency shall, upon request, disclose information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to authorized representatives of the department of corrections, the department of health and family services, the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the information involves or relates to an individual who is the subject of the proceeding or evaluation. The court in which the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph. Any representative of the department of corrections, the department of health and family services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose 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 Section 43. 940.20 (1g) of the statutes is created to read:

SB318,30,11 940.20 (1g) Battery by certain committed persons. Any person placed in a facility under s. 980.065 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.

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 Section 44 . 946.42 (1) (a) of the statutes is amended to read:

SB318,31,12 946.42 (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), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail, or actual custody of a peace officer or institution guard. "Custody" also includes the constructive custody of persons placed on supervised release under ch. 980 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).

Note: See the Note to Section 45.

SB318, s. 45 Section 45 . 946.42 (3m) of the statutes is created to read:

SB318,31,15 946.42 (3m) A person who intentionally escapes from custody under any of the following circumstances is guilty of a Class F felony:

SB318,31,17 (a) While subject to a detention order under s. 980.04 (1) or a custody order under s. 980.04 (3).

SB318,31,20 (b) While subject to an order issued under s. 980.06 committing the person to custody of the department of health and family services, regardless of whether the person 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 Section 46. 950.04 (1v) (xm) of the statutes is amended to read:

SB318,32,4 950.04 (1v) (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.08 and discharge under s. 980.09 (3) or 980.10 980.093.

SB318, s. 47 Section 47. 967.03 of the statutes is amended to read:

SB318,32,8 967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties are imposed upon district attorneys, the same powers and duties may be discharged by any of their duly qualified deputies or assistants.

SB318, s. 48 Section 48. 972.15 (4) of the statutes is amended to read:

SB318,32,13 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

SB318, s. 49 Section 49 . 972.15 (6) of the statutes is created to read:

SB318,32,18 972.15 (6) The presentence investigation report and any information contained in it or upon which it is based may be used by any of the following persons in any evaluation, examination, referral, hearing, trial, postcommitment relief proceeding, appeal, or other proceeding under ch. 980:

SB318,32,19 (a) The department of corrections.

SB318,33,1 (b) The department of health and family services.

SB318,33,3 (c) The person who is the subject of the presentence investigation report, his or her attorney, or an agent or employee of the attorney.

SB318,33,4 (d) The attorney representing the state or an agent or employee of the attorney.

SB318,33,6 (e) A licensed physician, licensed psychologist, or other mental health professional who is examining the subject of the presentence investigation report.

SB318,33,7 (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.