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LRBs0221/1
PJH:jld/wlj/emw
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 497
January 14, 2016 - Offered by Representatives Born and Schraa.
AB497-ASA1,1,5 1An Act to renumber and amend 980.08 (4) (f); to amend 980.08 (4) (cm); and
2to create 980.01 (1e), 980.01 (1g), 980.01 (2m), 980.01 (3d), 980.01 (3g), 980.01
3(3m), 980.01 (11), 980.08 (4) (em), 980.08 (4) (f) 2., 980.08 (4) (f) 3., 980.08 (4) (f)
44. and 980.135 of the statutes; relating to: residency requirements for sexually
5violent persons on supervised release.
Analysis by the Legislative Reference Bureau
This substitute amendment 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 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. Under current law, unless there is good cause to select another
county, the person's home county prepares the report.
This substitute amendment 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.
Under the substitute amendment, a local ordinance or resolution that restricts or
prohibits a sex offender from residing within the person's home county may not
constitute good cause for choosing a different prospective residential county. The
substitute amendment 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 substitute amendment, 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.
Under the substitute amendment, any local ordinance or resolution that
restricts or prohibits a sex offender from residing within a particular city, village,
town, or county remains generally enforceable except that it may not be enforced
against a person who is placed in a residence under supervised release, or against
a person who provides housing to him or her, so long as the person is under
supervision and is complying with court orders related to his or her release.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497-ASA1,1 1Section 1. 980.01 (1e) of the statutes is created to read:
AB497-ASA1,2,32 980.01 (1e) "Assisted living facility" has the meaning given in s. 101.123 (1)
3(ab).
AB497-ASA1,2 4Section 2. 980.01 (1g) of the statutes is created to read:
AB497-ASA1,2,75 980.01 (1g) "Child care facility" means a child care facility that is operated by
6a person licensed under s. 48.65 or certified under s. 48.651 or that is established or
7contracted for under s. 120.13 (14).
AB497-ASA1,3 8Section 3. 980.01 (2m) of the statutes is created to read:
AB497-ASA1,3,1
1980.01 (2m) "Nursing home" has the meaning given in s. 50.01 (3).
AB497-ASA1,4 2Section 4. 980.01 (3d) of the statutes is created to read:
AB497-ASA1,3,43 980.01 (3d) "Place of worship" means a church building where religious
4services are held.
AB497-ASA1,5 5Section 5. 980.01 (3g) of the statutes is created to read:
AB497-ASA1,3,76 980.01 (3g) "Public park" means a park or playground that is owned or
7maintained by the state or by a city, village, town, or county.
AB497-ASA1,6 8Section 6. 980.01 (3m) of the statutes is created to read:
AB497-ASA1,3,99 980.01 (3m) "School premises" has the meaning given in s. 948.61 (1) (c).
AB497-ASA1,7 10Section 7. 980.01 (11) of the statutes is created to read:
AB497-ASA1,3,1311 980.01 (11) "Youth center" means any center that provides, on a regular basis,
12recreational, vocational, academic, or social services activities for persons younger
13than 18 years old or for those persons and their families.
AB497-ASA1,8 14Section 8. 980.08 (4) (cm) of the statutes is amended to read:
AB497-ASA1,3,2415 980.08 (4) (cm) If the court finds that all of the criteria in par. (cg) are met, the
16court shall select a county to prepare a report under par. (e). Unless the court has
17good cause to select another county, the court shall select the person's county of
18residence as determined by the department under s. 980.105. An actual or alleged
19lack of available housing for the person within a county because of an ordinance or
20resolution in effect or proposed by the county or by a city, town, or village within the
21county may not constitute good cause to select another county under this paragraph.

22The court may not select a county where there is a facility in which persons
23committed to institutional care under this chapter are placed unless that county is
24also that person's county of residence.
AB497-ASA1,9 25Section 9. 980.08 (4) (em) of the statutes is created to read:
AB497-ASA1,4,4
1980.08 (4) (em) The department shall consult with a local law enforcement
2agency having jurisdiction over any prospective residential option identified under
3par. (e) and shall request the law enforcement agency to submit a written report that
4provides information relating to the prospective residential option.
AB497-ASA1,10 5Section 10. 980.08 (4) (f) of the statutes is renumbered 980.08 (4) (f) (intro) and
6amended to read:
AB497-ASA1,4,197 980.08 (4) (f) (intro.) The court shall direct the department to use any
8submissions under par. (d), the report submitted under par. (e), or any report
9submitted under par. (em), and
other residential options identified by the
10department to prepare a supervised release plan for the person. The department
11shall search its victim database, and consult with the office of victim services in the
12department of corrections, the department of justice, and the county coordinator of
13victims and witnesses services in the county of intended placement, the county
14where the person was convicted, and the county of commitment to determine the
15identity and location of known and registered victims of the person's acts.
The
16department shall prepare a supervised release plan that identifies the proposed
17residence. The supervised release plan shall be submitted to the court within 90 days
18of the finding under par. (cg). The court may grant extensions of this time period for
19good cause. The
plan shall address do all of the following:
AB497-ASA1,4,24 201. Address the person's need, if any, for supervision, counseling, medication,
21community support services, residential services, vocational services, and alcohol or
22other drug abuse treatment. The supervised release plan shall be submitted to the
23court within 90 days of the finding under par. (cg). The court may grant extensions
24of this time period for good cause.
AB497-ASA1,11 25Section 11. 980.08 (4) (f) 2. of the statutes is created to read:
AB497-ASA1,5,6
1980.08 (4) (f) 2. Ensure that the person's placement is into a residence that is
2not less than 1,500 feet from any school premises, child care facility, public park,
3place of worship, or youth center. A person is not in violation of a condition or rule
4of supervised release under sub. (7) (a) if any school premises, child care facility,
5public park, place of worship, or youth center is established within 1,500 feet from
6the person's residence after he or she is placed in the residence under this section.
AB497-ASA1,12 7Section 12. 980.08 (4) (f) 3. of the statutes is created to read:
AB497-ASA1,5,148 980.08 (4) (f) 3. If the person committed a sexually violent offense against an
9adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90
10(1) (br), ensure that the person's placement is into a residence that is not less than
111,500 feet from a nursing home or an assisted living facility. A person is not in
12violation of a condition or rule of supervised release under sub. (7) (a) if a nursing
13home or an assisted living facility is established within 1,500 feet from the person's
14residence after he or she is placed in the residence under this section.
AB497-ASA1,13 15Section 13. 980.08 (4) (f) 4. of the statutes is created to read:
AB497-ASA1,5,2316 980.08 (4) (f) 4. If the person is a serious child sex offender, ensure that the
17person's placement is into a residence that is not on a property adjacent to a property
18where a child's primary residence exists. For the purpose of this subdivision,
19adjacent properties are properties that share a property line without regard to a
20public or private road if the living quarters on each property are not more than 1,500
21feet apart. A person is not in violation of a condition or rule of supervised release
22under sub. (7) (a) if a child establishes primary residence in a property adjacent to
23the person's residence after the person is placed in the residence under this section.
AB497-ASA1,14 24Section 14. 980.135 of the statutes is created to read:
AB497-ASA1,6,8
1980.135 Local restrictions; limited exemption. No county, city, town, or
2village may enforce an ordinance or resolution that restricts or prohibits a sex
3offender from residing at a certain location or that restricts or prohibits a person from
4providing housing to a sex offender against an individual who is released under s.
5980.08 or against a person who provides housing to the individual so long as the
6individual is subject to supervised release under this chapter, the individual is
7residing where he or she is ordered to reside under s. 980.08, and the individual is
8in compliance with all court orders issued under this chapter.
AB497-ASA1,15 9Section 15. Initial applicability.
AB497-ASA1,6,1110 (1) This act first applies to petitions for release that are made on the effective
11date of this subsection.
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