980.101(2)(a)
(a) If the sexually violent offense was the sole basis for the allegation under
s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under
s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody of the department.
980.101(2)(b)
(b) If the sexually violent offense was the sole basis for the allegation under
s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under
s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under
s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.
980.101(3)
(3) An appeal may be taken from an order entered under
sub. (2) as from a final judgment.
980.101 History
History: 2001 a. 16;
2005 a. 253,
434.
980.105
980.105
Determination of county and city, village, or town of residence. 980.105(1m)
(1m) The department shall determine a person's county of residence for the purposes of this chapter by doing all of the following:
980.105(1m)(a)
(a) The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
980.105(1m)(b)
(b) The department shall apply the criteria for consideration of residence and physical presence under
par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under
s. 980.02.
980.105(2m)
(2m) The department shall determine a person's city, village, or town of residence for the purposes of
s. 980.08 (5) by doing all of the following:
980.105(2m)(a)
(a) The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
980.105(2m)(b)
(b) The department shall apply the criteria for consideration of residence and physical presence under
par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under
s. 980.02.
980.105 Annotation
The circuit court had jurisdiction to conduct ch. 980 proceedings involving an enrolled tribal member who committed the underlying sexual offense on an Indian reservation. State v. Burgess,
2003 WI 71,
262 Wis. 2d 354,
665 N.W.2d 124,
00-3074.
980.11
980.11
Notice concerning supervised release or discharge. 980.11(1)(a)
(a) “Act of sexual violence" means an act or attempted act that is a basis for an allegation made in a petition under
s. 980.02 (2) (a).
980.11(1)(b)
(b) “Member of the family" means spouse, domestic partner under
ch. 770, child, sibling, parent or legal guardian.
980.11(1)(c)
(c) “Victim" means a person against whom an act of sexual violence has been committed.
980.11(2)
(2) If the court places a person on supervised release under
s. 980.08 (4) or discharges a person under
s. 980.09 (4), the department shall do all of the following:
980.11(2)(am)
(am) Make a reasonable attempt to notify whichever of the following persons is appropriate, if he or she can be found, in accordance with
sub. (3):
980.11(2)(am)2.
2. An adult member of the victim's family, if the victim died as a result of the act of sexual violence.
980.11(2)(am)3.
3. The victim's parent or legal guardian, if the victim is younger than 18 years old.
980.11(3)
(3) The notice under
sub. (2) shall inform the department of corrections and the person under
sub. (2) (am) of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under
sub. (2) (am).
980.11(4)
(4) The department shall design and prepare cards for persons specified in
sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in
sub. (2) (am). These persons may send completed cards to the department of health services. All records or portions of records of the department of health services that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1), except as needed to comply with a request by the department of corrections under
s. 301.46 (3) (d).
980.12
980.12
Department duties; costs. 980.12(1)
(1) Except as provided in
ss. 980.031 (3) and
980.07 (1), the department shall pay from the appropriations under
s. 20.435 (2) (a) and
(bm) for all costs relating to the evaluation, treatment, and care of persons evaluated or committed under this chapter.
980.12(2)
(2) By February 1, 2002, the department shall submit a report to the legislature under
s. 13.172 (2) concerning the extent to which pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen has been required as a condition of supervised release under
s. 980.06, 1997 stats., or
s. 980.08 and the effectiveness of the treatment in the cases in which its use has been required.
980.13
980.13
Applicability. This chapter applies to a sexually violent person regardless of whether the person engaged in acts of sexual violence before, on or after June 2, 1994.
980.13 History
History: 1993 a. 479.
980.135
980.135
Local restrictions; limited exemption. No county, city, town, or village may enforce an ordinance or resolution that restricts or prohibits a sex offender from residing at a certain location or that restricts or prohibits a person from providing housing to a sex offender against an individual who is released under
s. 980.08 or against a person who provides housing to the individual so long as the individual is subject to supervised release under this chapter, the individual is residing where he or she is ordered to reside under
s. 980.08, and the individual is in compliance with all court orders issued under this chapter.
980.135 History
History: 2015 a. 156.
980.14(1)(1) In this section, “agency" means the department of corrections, the department of health services, the department of justice, or a district attorney.
980.14(2)
(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 chapter.
