AB497: Bill Text

LRB-3088/1

PJH:jld&wlj

2015 - 2016 LEGISLATURE

2015 Assembly BILL 497

November 10, 2015 - Introduced by Representatives Born, Tittl, Jagler, Kremer, T. Larson, Murphy, J. Ott, Skowronski, Swearingen, Vorpagel, Quinn and Bernier, cosponsored by Senators Wanggaard, S. Fitzgerald, Gudex and Moulton. Referred to Committee on Corrections.

AB497,1,4 An Act to renumber and amend 980.08 (4) (f); and to create 980.01 (1e), 980.01 (1g), 980.01 (2m), 980.01 (3m), 980.01 (11), 980.08 (4) (em), 980.08 (4) (f) 2., 980.08 (4) (f) 3. and 980.08 (4) (f) 4. of the statutes; relating to: residency requirements for sexually violent persons on supervised release.

Analysis by the Legislative Reference Bureau

This bill makes changes to the procedure for releasing certain violent sex offenders into the community. Under current law, a person who commits certain sex offenses may be involuntarily committed as a sexually violent person to the Department of Health Services (DHS) for control, care, and treatment. If a person is committed and placed in institutional care, the person may periodically petition the court for supervised release. If a court determines that supervised release is appropriate, the court authorizes the person, the person's attorney, the district attorney, any law enforcement agency in the county of intended placement, and any local governmental unit in the county of intended placement to submit to DHS prospective residential options for community placement. Current law requires DHS and the county in which the person is to be placed to prepare a plan that identifies potential sites for the person to reside, taking into consideration the options submitted.

This bill requires DHS to consult with a local law enforcement agency that has jurisdiction over any prospective residential option identified by DHS or the county and to request the law enforcement agency to submit a written report that provides information on the prospective residential option. The bill requires DHS to take into consideration the written report of the law enforcement agency to determine where the victims of the person live, and to ensure that any potential residential placement of the person meets certain guidelines.

Under the bill, no sexually violent person generally may be placed in a residence within 1,500 feet of any school, child care facility, youth center, place of worship, or public park. If the person committed a sexually violent offense against a child, he or she may not be placed in a residence in a property adjacent to a property where a child resides. If the person committed a sexually violent offense against an elderly or disabled person, he or she may not be placed in a residence within 1,500 feet of a nursing home or other assisted living facility.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB497,1 Section 1. 980.01 (1e) of the statutes is created to read:

AB497,2,3 980.01 (1e) "Assisted living facility" has the meaning given in s. 101.123 (1) (ab).

AB497,2 Section 2. 980.01 (1g) of the statutes is created to read:

AB497,2,7 980.01 (1g) "Child care facility" means a child care facility that is operated by a person licensed under s. 48.65 or certified under s. 48.651 or that is established or contracted for under s. 120.13 (14).

AB497,3 Section 3. 980.01 (2m) of the statutes is created to read:

AB497,2,9 980.01 (2m) "Nursing home" has the meaning given in s. 50.01 (3).

AB497,4 Section 4. 980.01 (3m) of the statutes is created to read:

AB497,2,11 980.01 (3m) "School premises" has the meaning given in s. 948.61 (1) (c).

AB497,5 Section 5. 980.01 (11) of the statutes is created to read:

AB497,2,15 980.01 (11) "Youth center" means any center that provides, on a regular basis, recreational, vocational, academic, or social services activities for persons younger than 18 years old or for those persons and their families.

AB497,6 Section 6. 980.08 (4) (em) of the statutes is created to read:

AB497,3,4 980.08 (4) (em) The department shall consult with a local law enforcement agency having jurisdiction over any prospective residential option identified under par. (e) and shall request the law enforcement agency to submit a written report that provides information relating to the prospective residential option.

AB497,7 Section 7. 980.08 (4) (f) of the statutes is renumbered 980.08 (4) (f) (intro) and amended to read:

AB497,3,19 980.08 (4) (f) (intro.) The court shall direct the department to use any submissions under par. (d), the report submitted under par. (e), or any report submitted under par. (em), and other residential options identified by the department to prepare a supervised release plan for the person. The department shall search its victim database, and consult with the office of victim services in the department of corrections, the department of justice, and the county coordinator of victims and witnesses services in the county of intended placement, the county where the person was convicted, and the county of commitment to determine the identity and location of known and registered victims of the person's acts. The department shall prepare a supervised release plan that identifies the proposed residence. The supervised release plan shall be submitted to the court within 90 days of the finding under par. (cg). The court may grant extensions of this time period for good cause. The plan shall address do all of the following:

AB497,3,24 1. Address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The supervised release plan shall be submitted to the court within 90 days of the finding under par. (cg). The court may grant extensions of this time period for good cause.

AB497,8 Section 8. 980.08 (4) (f) 2. of the statutes is created to read:

AB497,4,3 980.08 (4) (f) 2. Ensure that the person's placement is into a residence that is not less than 1,500 feet from any school premises, child care facility, public park, place of worship, or youth center.

AB497,9 Section 9. 980.08 (4) (f) 3. of the statutes is created to read:

AB497,4,8 980.08 (4) (f) 3. If the person committed a sexually violent offense against an adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br), ensure that the person's placement is into a residence that is not less than 1,500 feet from a nursing home or an assisted living facility.

AB497,10 Section 10. 980.08 (4) (f) 4. of the statutes is created to read:

AB497,4,15 980.08 (4) (f) 4. If the person is a serious child sex offender, ensure that the person's placement is into a residence that is not on a property adjacent to a property where a child's primary residence exists. For the purpose of this subdivision, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,500 feet apart.

AB497,11 Section 11. Initial applicability.

AB497,4,18 (1) This act first applies to petitions for release that are made on the effective date of this subsection.

AB497,4,19 (End)