SB318: Bill Text

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.

SB318, s. 50 Section 50. 973.155 (1) (c) of the statutes is created to read:

SB318,33,12 973.155 (1) (c) The categories in par. (a) include time during which the convicted offender was in the custody of the department of health and family services under ch. 980 only if the offender was confined during that time and the confinement and 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 Section 51. 978.03 (3) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB318,34,4 978.03 (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 (1), 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.

SB318, s. 52 Section 52. 978.04 of the statutes is amended to read:

SB318,34,12 978.04 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 (1), may perform any duty required by law to be performed by the district attorney.

SB318, s. 53 Section 53. 978.043 of the statutes is renumbered 978.043 (1) and amended to read.

SB318,34,24 978.043 (1) 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 subsection 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.

SB318, s. 54 Section 54 . 978.043 (2) of the statutes is created to read:

SB318,35,8 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than his or her own, the prosecutorial unit in which the case is heard shall reimburse the assistant district attorney's own prosecutorial unit for his or her reasonable costs associated with the prosecution, including transportation, lodging, and meals. Unless otherwise agreed upon by the prosecutorial units involved, the court hearing the case shall determine the amount of money to be reimbursed for expert witness fees 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 Section 55. 978.045 (1r) (intro.) of the statutes is amended to read:

SB318,35,18 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause therefor for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury or John Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

SB318, s. 56 Section 56. 978.05 (6) (a) of the statutes is amended to read:

SB318,36,11 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB318, s. 57 Section 57. 978.05 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB318,36,23 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s. 978.043 (1), 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 employees.

SB318, s. 58 Section 58. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).

SB318, s. 59 Section 59. 978.13 (2) (a) of the statutes is created to read:

SB318,37,4 978.13 (2) (a) In this subsection, "costs related to the operation of the district attorney's office" include costs that a prosecutorial unit must pay under s. 978.043 (2) but do not include costs for which a prosecutorial unit receives reimbursement under s. 978.043 (2).

Note: See the Note to Section 54.

SB318, s. 60 Section 60. 980.01 (1) of the statutes is renumbered 980.01 (1h).

SB318, s. 61 Section 61 . 980.01 (1b) of the statutes is created to read:

SB318,37,8 980.01 (1b) "Act of sexual violence" means conduct that constitutes the commission 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 Section 62 . 980.01 (1j) of the statutes is created to read:

SB318,37,14 980.01 (1j) "Incarceration" includes confinement 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), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or 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 Section 63. 980.01 (3) of the statutes is created to read:

SB318,37,17 980.01 (3) Except in ss. 980.09, 980.093, and 980.095, "petitioner" means the agency or person that filed a petition under s. 980.02.

SB318, s. 64 Section 64. 980.01 (5) of the statutes is amended to read:

SB318,38,3 980.01 (5) "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.

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 Section 65 . 980.01 (6) (a) of the statutes is amended to read:

SB318,38,6 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB318, s. 66 Section 66. 980.01 (6) (am) of the statutes is created to read:

SB318,38,9 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).

SB318, s. 67 Section 67. 980.01 (6) (b) of the statutes is amended to read:

SB318,38,14 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

SB318, s. 68 Section 68 . 980.01 (6) (bm) of the statutes is created to read:

SB318,38,18 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b) and that is determined, 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 Section 69. 980.01 (6) (c) of the statutes is amended to read:

SB318,39,3 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under par. (a) or, (am), (b), or (bm).

SB318, s. 70 Section 70 . 980.01 (7) of the statutes is amended to read:

SB318,39,10 980.01 (7) "Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in one or more acts of sexual violence.

SB318, s. 71 Section 71. 980.015 (1) of the statutes is renumbered 980.01 (1d) and amended to read:

SB318,39,14 980.01 (1d) In this section, "agency "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.

Note: Revises [in Sections 62 to 76 ] current law relating to the commencement of commitment proceedings. Under current law, if an agency with jurisdiction (the agency with the authority or duty to release or discharge the person) has control or custody over a person who may meet the criteria for commitment as an SVP, the agency must inform each appropriate DA and DOJ regarding the person as soon as possible beginning 3 months prior to the applicable date of the following:

1. The anticipated discharge from a sentence, anticipated release on parole or extended supervision or anticipated release from imprisonment of a person who has been convicted of an SVP.

2. The anticipated release from a secure juvenile facility of a person adjudicated delinquent on the basis of an SVO.

3. The termination or discharge of a person who has been found not guilty of an SVO by reason of mental disease or defect.

Under the bill:

1. For persons under a sentence, the agency must inform the DA and DOJ regarding the person as soon as possible beginning 90 days before the date of the anticipated discharge or release on parole or extended supervision, or otherwise, from a sentence of imprisonment or term of confinement in prison that was imposed for a conviction for an SVO, from a continuous term of incarceration, any part of which was imposed for an SVO, or from a prison placement under the intensive sanctions program, any part of which was imposed for an SVO.

2. Requires the DA and DOJ to be notified of the anticipated release on parole or discharge of a person committed under ch. 975, stats. (the sex crimes law in effect prior to the creation of ch. 980, stats.), for an SVO.

SB318, s. 72 Section 72 . 980.015 (2) (intro.) of the statutes is amended to read:

SB318,40,6 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months 90 days prior to the applicable date of the following:

SB318, s. 73 Section 73 . 980.015 (2) (a) of the statutes is amended to read:

SB318,40,14 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or release, on parole or, extended supervision, or anticipated release otherwise, from a sentence of imprisonment of a person who has been convicted of or term of confinement in prison that was imposed for a conviction for a sexually violent offense, from a continuous term of incarceration, any part of which was imposed for a sexually violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any part of which was required as a result of a conviction for a sexually violent offense.

SB318, s. 74 Section 74. 980.015 (2) (b) of the statutes is amended to read:

SB318,40,20 980.015 (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 if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB318, s. 75 Section 75. 980.015 (2) (c) of the statutes is amended to read:

SB318,41,5 980.015 (2) (c) The anticipated release of a person on conditional release under s. 971.17, the anticipated termination of a commitment order under 971.17, or the anticipated discharge of a person from a commitment order under s. 971.17, if the person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under s. 971.17.

SB318, s. 76 Section 76 . 980.015 (2) (d) of the statutes is created to read:

SB318,41,8 980.015 (2) (d) The anticipated release on parole or discharge of a person committed under ch. 975 for a sexually violent offense.

Note: See the Note to Section 62.

SB318, s. 77 Section 77 . 980.015 (4) of the statutes is renumbered 980.14 (2) and amended to read:

SB318,41,13 980.14 (2) Any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of this section chapter.

Note: Revises s. 980.14 (2), stats., as renumbered, to provide that any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of ch. 980, stats. ("Agency" means DOC, DHFS, DOJ, or a DA. (See Section 124) Current law specifies that any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with the requirement that an agency notify the DA or DOJ of the anticipated release or discharge of a person who may be an SVP. See, also, Section 125.

SB318, s. 78 Section 78 . 980.02 (1) (a) of the statutes is amended to read:

SB318,41,18 980.02 (1) (a) The department of justice at the request of the agency with jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.

Note: See the Note to Section 80.

SB318, s. 79 Section 79 . 980.02 (1) (b) 3. of the statutes is created to read: