AB383: Bill Text

AB383,60,13 230.81 (2) Nothing in this section prohibits an employee from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful disclosure under this section and is protected under s. 230.83.

AB383,123 Section 123. 251.16 of the statutes is amended to read:

AB383,60,16 251.16 Local health department; evidence. The reports and employees of a local health department are subject to s. 970.03 (12) (b) 971.75 (7) (b).

AB383,124 Section 124. 252.11 (5m) of the statutes is amended to read:

AB383,60,23 252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a), acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

AB383,125 Section 125. 252.11 (7) of the statutes is amended to read:

AB383,61,10 252.11 (7) Reports, examinations, and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, physician assistant, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

AB383,126 Section 126. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are amended to read:

AB383,61,17 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5). No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual's permanent medical record.

AB383,61,21 (3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).

AB383,61,25 (4) (c) A record of the results of an HIV test administered to the person, except that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not be maintained without the consent of the test subject.

AB383,127 Section 127. 301.03 (3c) of the statutes is amended to read:

AB383,62,6 301.03 (3c) If requested by the department of health services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3) 975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

AB383,128 Section 128. 301.03 (7m) of the statutes is amended to read:

AB383,62,11 301.03 (7m) Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.

AB383,129 Section 129. 301.035 (2) of the statutes is amended to read:

AB383,62,15 301.035 (2) Assign hearing examiners from the division to preside over hearings under s. 975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), and 973.10 and 975.10 (2) , and ch. 304.

AB383,130 Section 130. 301.035 (4) of the statutes is amended to read:

AB383,62,20 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under s. 975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 973.155 (2) and 975.10 (2), and ch. 304.

AB383,131 Section 131. 301.45 (1g) (c) of the statutes is amended to read:

AB383,62,24 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 subch. III of ch. 975 for a sex offense.

AB383,132 Section 132. 301.45 (1g) (d) of the statutes is amended to read:

AB383,63,3 301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after December 25, 1993, for a sex offense.

AB383,133 Section 133. 301.45 (1g) (dd) of the statutes is amended to read:

AB383,63,8 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to a sex offense.

AB383,134 Section 134. 301.45 (1g) (dp) of the statutes is amended to read:

AB383,63,11 301.45 (1g) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975, 2011 stats., on or after December 25, 1993.

AB383,135 Section 135. 301.45 (1g) (e) of the statutes is amended to read:

AB383,63,15 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section.

AB383,136 Section 136. 301.45 (1m) (b) of the statutes is amended to read:

AB383,63,24 301.45 (1m) (b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, or 975.54 (3), the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.

AB383,137 Section 137. 301.45 (1m) (be) of the statutes is amended to read:

AB383,64,8 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's motion to inform the victim of his or her right to make or provide a statement under par. (bv).

AB383,138 Section 138. 301.45 (1m) (bm) of the statutes is amended to read:

AB383,64,14 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section. The district attorney who receives a copy of a motion under par. (be) may appear at the hearing.

AB383,139 Section 139. 301.45 (1m) (bv) of the statutes is amended to read:

AB383,64,23 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, the court shall allow the victim of the crime that is the subject of the motion to make a statement in court at the hearing under par. (bm) or to submit a written statement to the court. A statement under this paragraph must be relevant to whether the person satisfies the criteria specified in par. (a).

AB383,140 Section 140. 301.45 (1m) (d) 1. of the statutes is amended to read:

AB383,65,7 301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, a court may request the person to be examined by a physician, psychologist, or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's motion without prejudice.

AB383,141 Section 141. 301.45 (1m) (e) (intro.) of the statutes is amended to read:

AB383,65,14 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a). In deciding whether the person has satisfied the criterion specified in par. (a) 3., the court may consider any of the following:

AB383,142 Section 142. 301.45 (1p) (b) of the statutes is amended to read:

AB383,66,6 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or, 973.048 (1m), or 975.54 (3) (a) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a), or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a) is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

AB383,143 Section 143. 301.45 (3) (a) 3. of the statutes is amended to read:

AB383,66,13 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17 subch. II of ch. 975, he or she is subject to this subsection upon being placed on conditional release under s. 971.17 975.57 (4) or 975.59 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) 975.60 or discharged under s. 51.35 (4) or 971.17 (6) 975.61.

AB383,144 Section 144. 301.45 (3) (a) 3g. of the statutes is amended to read:

AB383,66,19 301.45 (3) (a) 3g. If the person has been committed for specialized treatment under ch. 975, 2011 stats., he or she is subject to this subsection upon being released on parole under s. 975.10, 2011 stats., or, if he or she was not released on parole, before being discharged from the commitment under s. 975.09, 2011 stats., or s. 975.12, 2011 stats.

AB383,145 Section 145. 301.45 (3) (b) 3. of the statutes is amended to read:

AB383,66,25 301.45 (3) (b) 3. The department of health 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, or 51.35 or 971.17 or, subch. III of ch. 975, ch. 975, 2011 stats., or ch. 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

AB383,146 Section 146. 301.45 (5) (a) 3. of the statutes is amended to read:

AB383,67,7 301.45 (5) (a) 3. If the person has been committed to the department of health services under s. 51.20 or 971.17 subch. III of ch. 975 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) 975.60 or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6) 975.61.

AB383,147 Section 147. 301.45 (5) (a) 3m. of the statutes is amended to read:

AB383,67,11 301.45 (5) (a) 3m. If the person has been committed for specialized treatment under ch. 975, 2011 stats., 15 years after discharge from the commitment under s. 975.09, 2011 stats., or s. 975.12 , 2011 stats.

AB383,148 Section 148. 301.45 (5) (b) 3. of the statutes is amended to read:

AB383,67,16 301.45 (5) (b) 3. The court that ordered the person to comply with the reporting requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17 (1m) (b) or 973.048, or 975.54 (3) also ordered the person to comply with the requirements until his or her death.

AB383,149 Section 149. 301.45 (6) (a) 2. a. of the statutes is amended to read:

AB383,67,21 301.45 (6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,150 Section 150. 301.45 (6) (ag) 2. a. of the statutes is amended to read:

AB383,68,2 301.45 (6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,151 Section 151. 301.45 (6) (bm) of the statutes is amended to read:

AB383,68,12 301.45 (6) (bm) Subject to s. 971.19 970.14 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (2) to (4) or has intentionally violated sub. (4r), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

AB383,152 Section 152. 301.45 (7) (f) 4. of the statutes is amended to read:

AB383,68,18 301.45 (7) (f) 4. If the person was ordered by a court under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 975.54 (3) (a) to comply with the reporting requirements under this section, when the department receives notice under s. 971.17 (6m) (b) 2. subch. III of ch. 975 that the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a) is terminated or has expired.

AB383,153 Section 153. 301.46 (3) (d) of the statutes is amended to read:

AB383,68,22 301.46 (3) (d) The department of health services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 (6m) 975.62 or 980.11.

AB383,154 Section 154. 301.47 (3) (b) 1. of the statutes is amended to read:

AB383,69,2 301.47 (3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,155 Section 155. 301.48 (2) (a) 4. of the statutes is amended to read:

AB383,69,6 301.48 (2) (a) 4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.

AB383,156 Section 156. 301.48 (2) (a) 5. of the statutes is amended to read:

AB383,69,11 301.48 (2) (a) 5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under s. 971.17 (6) 975.61. This subdivision does not apply if the person was on conditional release immediately before being discharged.

AB383,157 Section 157. 301.48 (2) (b) 3. of the statutes is amended to read:

AB383,69,16 301.48 (2) (b) 3. The department of health services places the person on parole or discharges the person under ch. 975, 2011 stats. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.

AB383,158 Section 158. 302.113 (9) (e) of the statutes is amended to read:

AB383,69,21 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,159 Section 159. 302.114 (9) (d) of the statutes is amended to read:

AB383,70,2 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,160 Section 160. 304.06 (3) of the statutes is amended to read:

AB383,70,25 304.06 (3) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22. If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB383,161 Section 161. 304.10 (1) (b) of the statutes is amended to read:

AB383,71,4 304.10 (1) (b) A certified copy of the court record entries, the indictment or information complaint, and any additional papers on file in the court, if obtainable, as the governor requires;

AB383,162 Section 162. 322.0767 (1) (a) of the statutes is amended to read:

AB383,71,15 322.0767 (1) (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the maximum period specified under s. 971.14 (5) (a) of commitment, as defined in s. 975.34 (6) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health services under as provided in s. 971.14 (5) 975.34 (7). If the military judge determines that the defendant is not likely to become competent in within the time maximum period specified under s. 971.14 (5) of commitment, the military judge shall suspend or terminate the general court-martial.

AB383,163 Section 163. 322.0767 (1) (b) of the statutes is amended to read:

AB383,71,19 322.0767 (1) (b) The department of health services shall submit all reports that are required under s. 971.14 (5) (b) 975.36 and that pertain to a person subject to a commitment order under par. (a) to the court-martial.

AB383,164 Section 164. 322.0767 (1) (c) of the statutes is amended to read:

AB383,72,6 322.0767 (1) (c) Upon receiving a report under s. 971.14 (5) (b) 975.36, the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in within the time maximum period specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6) (a), the court-martial shall suspend or terminate the commitment order under this subsection.

AB383,165 Section 165. 322.0767 (1) (d) of the statutes is amended to read:

AB383,72,10 322.0767 (1) (d) If a person who has been restored to competency again becomes incompetent, the maximum commitment period under s. 971.14 (5) (a) of commitment shall be as provided under s. 971.14 (5) (d) 975.36 (6).