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LRB-5410/1
CMH:wlj
2019 - 2020 LEGISLATURE
February 24, 2020 - Introduced by Representatives Tittl, Edming, James,
Magnafici and Wichgers, cosponsored by Senator Bewley. Referred to
Committee on Judiciary.
AB943,1,2 1An Act to amend 971.17 (3) (e) and 971.17 (4) (a) of the statutes; relating to:
2petitions for conditional release following revocation of conditional release.
Analysis by the Legislative Reference Bureau
Under current law, if a person is committed to institutional care following a
finding of not guilty by mental disease or mental defect, the person may petition a
court to be placed on conditional release after six months of commitment. If the court
grants conditional release, the court may revoke the release if the person violates a
rule or condition of the release or for the safety of the person or another. Under
current law, if a court revokes a person's conditional release, the person may not
petition the court to be placed again on conditional release until at least six months
have passed since the revocation. Under this bill, if a court revokes a person's
conditional release, that court must determine when the person may petition the
court to be placed again on conditional release.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB943,1 3Section 1. 971.17 (3) (e) of the statutes is amended to read:
AB943,3,34 971.17 (3) (e) An order for conditional release places the person in the custody
5and control of the department of health services. A conditionally released person is

1subject to the conditions set by the court and to the rules of the department of health
2services. Before a person is conditionally released by the court under this subsection,
3the court shall so notify the municipal police department and county sheriff for the
4area where the person will be residing. The notification requirement under this
5paragraph does not apply if a municipal department or county sheriff submits to the
6court a written statement waiving the right to be notified. If the department of
7health services alleges that a released person has violated any condition or rule, or
8that the safety of the person or others requires that conditional release be revoked,
9he or she may be taken into custody under the rules of the department. The
10department of health services shall submit a statement showing probable cause of
11the detention and a petition to revoke the order for conditional release to the
12committing court and the regional office of the state public defender responsible for
13handling cases in the county where the committing court is located within 72 hours
14after the detention, excluding Saturdays, Sundays, and legal holidays. The court
15shall hear the petition within 30 days, unless the hearing or time deadline is waived
16by the detained person. Pending the revocation hearing, the department of health
17services may detain the person in a jail or in a hospital, center or facility specified
18by s. 51.15 (2) (d). The state has the burden of proving by clear and convincing
19evidence that any rule or condition of release has been violated, or that the safety of
20the person or others requires that conditional release be revoked. If the court
21determines after hearing that any rule or condition of release has been violated, or
22that the safety of the person or others requires that conditional release be revoked,
23it may revoke the order for conditional release and order that the released person be
24placed in an appropriate institution under s. 51.37 (3) until the expiration of the
25commitment or until again conditionally released under this section. If the court

1revokes an order for conditional release, the court shall determine the time, which
2may not exceed 6 months, that must elapse before the person may petition a court
3to again authorize conditional release under this section.
AB943,2 4Section 2. 971.17 (4) (a) of the statutes is amended to read:
AB943,3,125 971.17 (4) (a) Any person who is committed for institutional care may petition
6the committing court to modify its order by authorizing conditional release if at least
76 months have elapsed since the initial commitment order was entered , or the most
8recent release petition was denied or, if the commitment followed a revocation of
9conditional release, if at least the amount of time the court determined under sub.
10(3) (e) has elapsed since
the most recent order for conditional release was revoked.
11The director of the facility at which the person is placed may file a petition under this
12paragraph on the person's behalf at any time.
AB943,3 13Section 3. Initial applicability.
AB943,3,1514 (1) This act first applies to revocation orders issued on the effective date of this
15subsection.
AB943,3,1616 (End)
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