(a) Counsel. If
In any situation under this chapter in which
person claims or appears to be indigent has a right to be represented by council
, the 10
court 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
980.0305 of the statutes is created to read:
15980.0305 Reimbursement for counsel provided by the state. (1) Inquiry. 16
At or after the conclusion of a proceeding under this chapter in which the state public 17
defender has provided counsel for a person, the court may inquire as to the person's 18
ability to reimburse the state for the costs of representation. If the court determines 19
that the person is able to make reimbursement for all or part of the costs of 20
representation, the court may order the person to reimburse the state an amount not 21
to exceed the maximum amount established by the public defender board under s. 22
977.075 (4). Upon the court's request, the state public defender shall conduct a 23
determination of indigency under s. 977.07 and report the results of the 24
determination to the court.
Reimbursement ordered under this section shall be made to the 2
clerk of courts of the county where the proceedings took place. The clerk of courts 3
shall transmit payments under this section to the county treasurer, who shall deposit 4
25 percent of the payment amount in the county treasury and transmit the 5
remainder to the secretary of administration. Payments transmitted to the 6
secretary of administration shall be deposited in the general fund and credited to the 7
appropriation account under s. 20.550 (1) (L).
By January 31st of each year, the clerk of courts for each county 9
shall report to the state public defender the total amount of reimbursements ordered 10
under sub. (1) in the previous calendar year and the total amount of reimbursements 11
paid to the clerk under sub. (2) in the previous year.
980.08 (4) (cm) and (e) of the statutes are consolidated, 13
renumbered 980.08 (4) (dm) 1. (intro.) and amended to read:
(dm) 1. (intro.) If the court finds that all of the criteria in par. (cg) 15
are 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
the person's county of
as determined by the department of health
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:
182. When preparing the report, the
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.
244. The county
shall submit its report to the department of health services 25
within 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).
980.08 (4) (d) of the statutes is repealed.
980.08 (4) (dm) 3. of the statutes is created to read:
(dm) 3. To assist the county in identifying appropriate residential 9
options for the report, within 30 days after the court orders the county to prepare the 10
report, the department of health services shall determine the identity and location 11
of known and registered victims of the person's acts by searching its victim database 12
and consulting with the office of victim services in the department of corrections, the 13
department of justice, and the county coordinator of victims and witnesses services 14
in the county of intended placement, the county where the person was convicted, and 15
the county of commitment. The county may consult with the department of health 16
services on other matters while preparing the report and the department of health 17
services shall respond within 10 days.
980.08 (4) (em) of the statutes is repealed.
980.08 (4) (f) (intro.) of the statutes is renumbered 980.08 (4) (f) 20
and amended to read:
(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
to prepare a 24
supervised 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
The supervised release plan shall be submitted to the court within
days of the
10finding under par. (cg) after the county submitted its report under par. (dm)
. The 11
court may grant extensions one extension of up to 30 days
of this time period for good 12
cause. The plan shall do all of the following:
980.08 (4) (f) 1. of the statutes is repealed.
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:
(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 18
care facility, public park, place of worship, or youth center. A person is not in violation 19
of a condition or rule of supervised release under sub. (7) (a) if any school premises, 20
child 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 22
under this section.
b. If the person committed a sexually violent offense against an adult at risk, 24
as 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 2
person 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 5
c. If the person is a serious child sex offender, ensure that the distance between 7
the person's placement is into a residence that is not on a property adjacent to and 8
a 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 12
release 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 14
under this section.
980.08 (4) (g) of the statutes is amended to read:
(g) The court shall review the plan submitted by the department 17
under par. (cm) (f)
. If the details of the plan adequately meet the treatment needs 18
of the individual and the safety needs of the community, then the court shall approve 19
the plan and determine that supervised release is appropriate. If the details of the 20
plan do not adequately meet the treatment needs of the individual or the safety needs 21
of the community, then the court shall determine that supervised release is not 22
appropriate or direct the preparation of another supervised release plan to be 23
considered 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).
980.08 (5m) of the statutes is repealed.
980.105 (2) of the statutes is created to read:
If sub. (1m) is insufficient to determine the county of residence, the 6
department shall find that the county of residence is the county in which, on the date 7
that the person committed the sexually violent offense that resulted in the sentence, 8
placement, or commitment that was in effect when the petition was filed under s. 9
980.02, the person would have been a resident for the purposes of social security 10
disability insurance eligibility.
980.105 (2m) of the statutes is repealed.
Nonstatutory provisions; Health Services.
(1) Grace period for county reports.
Notwithstanding sections 51.61 (1) (z) 14
and 980.08 (4) (dm) 4. of the statutes, beginning on the effective date of this 15
subsection and ending on the first day of the 13th month beginning after the effective 16
date of this subsection, the county shall submit a report required under section 17
980.08 (4) (dm) of the statutes to the department of health services within 180 days, 18
rather than 120 days, following the court order or be subject to action as provided in 19
sections 51.61 (1) (z) and 980.08 (4) (dm) 4. of the statutes.
Initial applicability; Health Services.
(1) Supervised release.
The treatment of sections 20.435 (2) (gz), 51.61 (1) (z), 22
980.08 (4) (cm), (d), (dm) 3., (e), (em), (f) (intro.), 1., 2., 3., and 4., and (g) and (5m), 23
and 980.105 (2) and (2m) of the statutes and Section
9120 (1) of this act first apply
to petitions pending under section 980.08 of the statutes on the effective date of this 2