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AB539,11 3Section 11. 977.06 (2) (am) of the statutes is amended to read:
AB539,5,94 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
5s. 977.08, other than a person who is entitled to be represented by counsel under s.
648.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that
7the information that he or she has given to determine eligibility for assignment of
8counsel he or she believes to be true and that he or she is informed that he or she is
9subject to the penalty under par. (b).
AB539,12 10Section 12. 977.07 (1) (a) of the statutes is amended to read:
AB539,5,1511 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
12be made as soon as possible and shall be in accordance with the rules promulgated
13by the board under s. 977.02 (3) and the system established under s. 977.06. No
14determination of indigency is required for a person who is entitled to be represented
15by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a).
AB539,13 16Section 13. 977.07 (1) (c) of the statutes is amended to read:
AB539,6,217 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
18and 974.07 (11), except a referral of a person who is entitled to be represented by
19counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), a representative of
20the state public defender shall determine indigency. For referrals made under ss.
21809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be
22represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), the
23representative of the state public defender may, unless a request for redetermination
24has been filed under s. 809.30 (2) (d) or the person's request for representation states
25that his or her financial circumstances have materially improved, rely upon a

1determination of indigency made for purposes of trial representation under this
2section.
AB539,14 3Section 14. 977.075 (4) of the statutes is amended to read:
AB539,6,94 977.075 (4) The board shall establish by rule a fee schedule that sets the
5maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
6as reimbursement for legal services and sets the maximum amount that a person
7subject to s. 51.605 or, 55.107 , or 980.0305 shall pay as reimbursement for legal
8services. The maximum amounts under this subsection shall be based on the
9average cost, as determined by the board, for each applicable type of case.
AB539,15 10Section 15. 977.08 (1) of the statutes is amended to read:
AB539,6,1611 977.08 (1) If the representative or the authority for indigency determinations
12specified under s. 977.07 (1) refers a case to or within the office of the state public
13defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or
14980.03 (2) (a),
the state public defender shall assign counsel according to subs. (3) and
15(4). If a defendant makes a request for change of attorney assignment, the change
16of attorney must be approved by the circuit court.
AB539,16 17Section 16. 977.08 (2) (intro.) of the statutes is amended to read:
AB539,6,2118 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
19state public defender that a set of lists is being prepared of attorneys willing to
20represent persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03
21(2) (a)
and indigent clients in the following:
AB539,17 22Section 17. 977.085 (3) of the statutes is amended to read:
AB539,7,623 977.085 (3) The board shall provide quarterly reports to the joint committee
24on finance on the status of reimbursement for or recoupment of payments under ss.
2548.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075 and, 977.076, and 980.0305,

1including the amount of revenue generated by reimbursement and recoupment. The
2quarterly reports shall include any alternative means suggested by the board to
3improve reimbursement and recoupment procedures and to increase the amount of
4revenue generated. The department of justice, district attorneys, circuit courts and
5applicable county agencies shall cooperate by providing any necessary information
6to the state public defender.
AB539,18 7Section 18. 980.03 (2) (a) of the statutes is amended to read:
AB539,7,138 980.03 (2) (a) Counsel. If In any situation under this chapter in which the
9person claims or appears to be indigent has a right to be represented by council, the
10court shall refer the person to the authority for indigency determinations under s.
11977.07 (1) and, if applicable, the appointment of
as soon as practicable to the state
12public defender, who shall appoint
counsel for the person under s. 977.08 without a
13determination of indigency
.
AB539,19 14Section 19. 980.0305 of the statutes is created to read:
AB539,7,24 15980.0305 Reimbursement for counsel provided by the state. (1) Inquiry.
16At or after the conclusion of a proceeding under this chapter in which the state public
17defender has provided counsel for a person, the court may inquire as to the person's
18ability to reimburse the state for the costs of representation. If the court determines
19that the person is able to make reimbursement for all or part of the costs of
20representation, the court may order the person to reimburse the state an amount not
21to exceed the maximum amount established by the public defender board under s.
22977.075 (4). Upon the court's request, the state public defender shall conduct a
23determination of indigency under s. 977.07 and report the results of the
24determination to the court.
AB539,8,7
1(2) Payment. Reimbursement ordered under this section shall be made to the
2clerk of courts of the county where the proceedings took place. The clerk of courts
3shall transmit payments under this section to the county treasurer, who shall deposit
425 percent of the payment amount in the county treasury and transmit the
5remainder to the secretary of administration. Payments transmitted to the
6secretary of administration shall be deposited in the general fund and credited to the
7appropriation account under s. 20.550 (1) (L).
AB539,8,11 8(3) Report. By January 31st of each year, the clerk of courts for each county
9shall report to the state public defender the total amount of reimbursements ordered
10under sub. (1) in the previous calendar year and the total amount of reimbursements
11paid to the clerk under sub. (2) in the previous year.
AB539,20 12Section 20. 980.08 (4) (cm) and (e) of the statutes are consolidated,
13renumbered 980.08 (4) (dm) 1. (intro.) and amended to read:
AB539,9,1714 980.08 (4) (dm) 1. (intro.) If the court finds that all of the criteria in par. (cg)
15are met, the court shall select a county to prepare a report under par. (e). Unless the
16court has good cause to select another county, the court shall select
order the county
17of
the person's county of residence, as determined by the department of health
18services
under s. 980.105. An actual or alleged lack of available housing for the
19person within a county because of an ordinance or resolution in effect or proposed by
20the county or by a city, town, or village within the county may not constitute good
21cause to select another county under this paragraph. The court may not select a
22county where there is a facility in which persons committed to institutional care
23under this chapter are placed unless that county is also that person's county of
24residence. (e) The court shall order the county department under s. 51.42 in the
25county of intended placement to prepare a report, either independently or with the

1department of health services, identifying prospective residential options for
2community placement. In identifying prospective residential options, the county
3department shall consider the proximity of any potential placement to the residence
4of other persons on supervised release and to the residence of persons who are in the
5custody of the department of corrections and regarding whom a sex offender
6notification bulletin has been issued to law enforcement agencies under s. 301.46
7(2m) (a) or (am). The
, to prepare a report. The county shall create a temporary
8committee to prepare the report for the county. The committee shall consist of the
9county department under s. 51.42, a representative of the department of health
10services, a local probation or parole officer, the county corporation counsel or his or
11her designee, and a representative of the county that is responsible for land use
12planning or the department of the county that is responsible for land information.
13In the report, the county shall identify an appropriate residential option in that
14county while the person is on supervised release and shall demonstrate that the
15county has contacted the landlord for that residential option and that the landlord
16has committed to enter into a lease. The county shall consider the following factors
17when identifying an appropriate residential option:
AB539,9,23 182. When preparing the report, the county department shall consult with a local
19law enforcement agency having jurisdiction over the residential option. The law
20enforcement agency may submit a written report that provides information relating
21to the residential option, and, if the law enforcement agency submits a report, the
22county department shall include the agency's report when the county department
23submits its report to the department of health services.
AB539,9,25 244. The county shall submit its report to the department of health services
25within 60 120 days following the court order. A county that does not submit its report

1within 120 days violates the person's rights under s. 51.61, and each day that the
2county does not submit the report after the 120 days have expired constitutes a
3separate violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond
4costs and reasonable actual attorney fees recovered by the person for a violation shall
5be deposited into the appropriation account under s. 20.435 (2) (gz).
AB539,21 6Section 21. 980.08 (4) (d) of the statutes is repealed.
AB539,22 7Section 22. 980.08 (4) (dm) 3. of the statutes is created to read:
AB539,10,178 980.08 (4) (dm) 3. To assist the county in identifying appropriate residential
9options for the report, within 30 days after the court orders the county to prepare the
10report, the department of health services shall determine the identity and location
11of known and registered victims of the person's acts by searching its victim database
12and consulting with the office of victim services in the department of corrections, the
13department of justice, and the county coordinator of victims and witnesses services
14in the county of intended placement, the county where the person was convicted, and
15the county of commitment. The county may consult with the department of health
16services on other matters while preparing the report and the department of health
17services shall respond within 10 days.
AB539,23 18Section 23. 980.08 (4) (em) of the statutes is repealed.
AB539,24 19Section 24. 980.08 (4) (f) (intro.) of the statutes is renumbered 980.08 (4) (f)
20and amended to read:
AB539,11,1221 980.08 (4) (f) The court shall direct the department to use any submissions
22under par. (d),
the report submitted under par. (e), any report submitted under par.
23(em), and other residential options identified by the department
(dm) to prepare a
24supervised release plan for the person. The department shall search its victim
25database, and consult with the office of victim services in the department of

1corrections, the department of justice, and the county coordinator of victims and
2witnesses services in the county of intended placement, the county where the person
3was convicted, and the county of commitment to determine the identity and location
4of known and registered victims of the person's acts. The department shall prepare
5a supervised release plan
that identifies the proposed residence residential option
6the county identified in its report. The plan shall also address the person's need, if
7any, for supervision, counseling, medication, community support services,
8residential services, vocational services, and alcohol or other drug abuse treatment
.
9The supervised release plan shall be submitted to the court within 90 30 days of the
10finding under par. (cg)
after the county submitted its report under par. (dm). The
11court may grant extensions one extension of up to 30 days of this time period for good
12cause. The plan shall do all of the following:
AB539,25 13Section 25. 980.08 (4) (f) 1. of the statutes is repealed.
AB539,26 14Section 26. 980.08 (4) (f) 2., 3. and 4. of the statutes are renumbered 980.08
15(4) (dm) 1. a., b. and c. and amended to read:
AB539,11,2216 980.08 (4) (dm) 1. a. Ensure that The distance between the person's placement
17is into a residence that is not less than 1,500 feet from and any school premises, child
18care facility, public park, place of worship, or youth center. A person is not in violation
19of a condition or rule of supervised release under sub. (7) (a) if any school premises,
20child care facility, public park, place of worship, or youth center is established within
211,500 feet from
near the person's residence after he or she is placed in the residence
22under this section.
AB539,12,523 b. If the person committed a sexually violent offense against an adult at risk,
24as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br),
25ensure that the distance between the person's placement is into a residence that is

1not less than 1,500 feet from
and a nursing home or an assisted living facility. A
2person is not in violation of a condition or rule of supervised release under sub. (7)
3(a) if a nursing home or an assisted living facility is established within 1,500 feet from
4near the person's residence after he or she is placed in the residence under this
5section.
AB539,12,146 c. If the person is a serious child sex offender, ensure that the distance between
7the person's placement is into a residence that is not on a property adjacent to and
8a property where a child's primary residence exists. For the purpose of this
9subdivision, adjacent properties are properties that share a property line without
10regard to a public or private road if the living quarters on each property are not more
11than 1,500 feet apart.
A person is not in violation of a condition or rule of supervised
12release under sub. (7) (a) if a child establishes primary residence in a property
13adjacent to near the person's residence after the person is placed in the residence
14under this section.
AB539,27 15Section 27. 980.08 (4) (g) of the statutes is amended to read:
AB539,13,216 980.08 (4) (g) The court shall review the plan submitted by the department
17under par. (cm) (f). If the details of the plan adequately meet the treatment needs
18of the individual and the safety needs of the community, then the court shall approve
19the plan and determine that supervised release is appropriate. If the details of the
20plan do not adequately meet the treatment needs of the individual or the safety needs
21of the community, then the court shall determine that supervised release is not
22appropriate or direct the preparation of another supervised release plan to be
23considered by the court under this paragraph. If the plan is inadequate under this
24paragraph due to the residential option, the court shall order the county to identify
25and arrange to lease another residential option and to prepare a new report under

1par. (dm). If the plan is inadequate under this paragraph due to the treatment
2options, the court shall order the department to prepare another plan under par. (f).
AB539,28 3Section 28. 980.08 (5m) of the statutes is repealed.
AB539,29 4Section 29. 980.105 (2) of the statutes is created to read:
AB539,13,105 980.105 (2) If sub. (1m) is insufficient to determine the county of residence, the
6department shall find that the county of residence is the county in which, on the date
7that the person committed the sexually violent offense that resulted in the sentence,
8placement, or commitment that was in effect when the petition was filed under s.
9980.02, the person would have been a resident for the purposes of social security
10disability insurance eligibility.
AB539,30 11Section 30 . 980.105 (2m) of the statutes is repealed.
AB539,9120 12Section 9120. Nonstatutory provisions; Health Services.
AB539,13,1913 (1) Grace period for county reports. Notwithstanding sections 51.61 (1) (z)
14and 980.08 (4) (dm) 4. of the statutes, beginning on the effective date of this
15subsection and ending on the first day of the 13th month beginning after the effective
16date of this subsection, the county shall submit a report required under section
17980.08 (4) (dm) of the statutes to the department of health services within 180 days,
18rather than 120 days, following the court order or be subject to action as provided in
19sections 51.61 (1) (z) and 980.08 (4) (dm) 4. of the statutes.
AB539,9320 20Section 9320. Initial applicability; Health Services.
AB539,14,221 (1) Supervised release. The treatment of sections 20.435 (2) (gz), 51.61 (1) (z),
22980.08 (4) (cm), (d), (dm) 3., (e), (em), (f) (intro.), 1., 2., 3., and 4., and (g) and (5m),
23and 980.105 (2) and (2m) of the statutes and Section 9120 (1) of this act first apply

1to petitions pending under section 980.08 of the statutes on the effective date of this
2subsection.
AB539,14,33 (End)
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