AB55: Bill Text

LRB-0210/2

CMH:cjs&amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 55

February 28, 2019 - Introduced by Representatives Schraa, Krug, Brooks, Edming, Kitchens, Kuglitsch, Kulp, Murphy, Mursau, Spiros, Thiesfeldt, Tusler, Wichgers and Zimmerman, cosponsored by Senators Feyen, Testin, Cowles and Marklein. Referred to Committee on Judiciary.

AB55,1,5 An Act to amend 980.08 (4) (dm) 1. (intro.), 980.08 (4) (dm) 1. a., b. and c. and 980.08 (4) (dm) 4. of the statutes; and to affect 2017 Wisconsin Act 184, section 9320 (1); relating to: applicability of 2017 Wisconsin Act 184; time frame for reports for sexually violent persons petitioning for supervised release; and placement of sexually violent persons on supervised release.

Analysis by the Legislative Reference Bureau

2017 Wisconsin Act 184 modified the procedure for determining the placement of a sexually violent person on supervised release. One change eliminated the ability of the court to choose a county other than the person's county of residence to prepare a report identifying appropriate residential options for the person. Prior law had allowed the court, with good cause, to choose another county. The effect of this change was that the person could not be placed in a county that was not his or her county of residence. The changes made in 2017 Wisconsin Act 184 applied to any petition for supervised release pending as of March 30, 2018. This bill clarifies that a petition for supervised release was pending if the person had not been physically placed in a residence on supervised release.

This bill also requires the Department of Health Services to identify any person on supervised release whose residence is not in his or her county of residence and who had been physically placed in a residence on supervised release on or after March 30, 2018. If DHS identifies any such person, DHS must notify the court, and the court must revoke the person's supervised release and order the person's county of residence to prepare a new report.

Under 2017 Wisconsin Act 184, a county was required to prepare its report for the court within 180 days of the court order if the order was made on or after March 30, 2018, and before April 1, 2019, and within 120 days if the order was made on or after April 1, 2019. If the county failed to prepare its report in that time frame, the county would violate the person's rights as a patient and would be subject to enforcement and damages for each violation. This bill eliminates the shortening of the time frame beginning on April 1, 2019, so that a county is required to prepare its report for the court within 180 days of the court order. This bill also allows a county, if it fails to prepare its report within 180 days, to request that the court make a finding that the county is making a good faith effort to prepare the report, and, if the court makes such a finding, the county is not subject to enforcement and damages.

Under current law, when a sexually violent person is placed on supervised release, he or she may not be placed within 1,500 feet of a school, child care facility, place of worship, park, youth center, or other specified places. Under the bill, the county must consider the proximity of the placement to the places specified under current law, but the bill removes the exact distance.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB55,1 Section 1. 980.08 (4) (dm) 1. (intro.) of the statutes is amended to read:

AB55,3,4 980.08 (4) (dm) 1. (intro.) If the court finds that all of the criteria in par. (cg) are met, the court shall order the county of the person's residence, as determined by the department of health services under s. 980.105, to prepare a report. The county shall create a temporary committee to prepare the report for the county. The committee shall consist of the county department under s. 51.42, a representative of the department of health services, a local probation or parole officer, the county corporation counsel or his or her designee, and a representative of the county that is responsible for land use planning or the department of the county that is responsible for land information. In the report, the county shall identify an appropriate residential option in that county while the person is on supervised release. In counties with a population of 750,000 or more, the committee shall select a residence in the person's city, village, or town of residence, as determined by the department of health services under s. 980.105 (2m). The report shall demonstrate that the county has contacted the landlord for that residential option and that the landlord has committed to enter into a lease. The county shall consider the following factors when identifying an appropriate residential option:

AB55,2 Section 2. 980.08 (4) (dm) 1. a., b. and c. of the statutes are amended to read:

AB55,3,12 980.08 (4) (dm) 1. a. Ensure that The distance between the person's placement is into a residence that is not less than 1,500 feet from and any school premises, child care facility, public park, place of worship, or youth center. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if any school premises, child care facility, public park, place of worship, or youth center is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB55,3,20 b. If the person committed a sexually violent offense against an adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br), ensure that the distance between the person's placement is into a residence that is not less than 1,500 feet from and a nursing home or an assisted living facility. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a nursing home or an assisted living facility is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB55,4,4 c. If the person is a serious child sex offender, ensure that the distance between the person's placement is into a residence that is not on a property adjacent to and a property where a child's primary residence exists. For the purpose of this subdivision, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,500 feet apart. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a child establishes primary residence in a property adjacent to near the person's residence after the person is placed in the residence under this section.

AB55,3 Section 3. 980.08 (4) (dm) 4. of the statutes is amended to read:

AB55,4,14 980.08 (4) (dm) 4. The county shall submit its report to the department of health services within 120 180 days following the court order. A Unless a court, upon the county's request, determines that the county is making a good faith effort to conform to the deadline, a county that does not submit its report within 120 180 days violates the person's rights under s. 51.61, and each day that the county does not submit the report after the 120 180 days have expired constitutes a separate violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond costs and reasonable actual attorney fees recovered by the person for a violation shall be deposited into the appropriation account under s. 20.435 (2) (gz).

AB55,4 Section 4 . 2017 Wisconsin Act 184, section 9320 (1) is amended to read:

AB55,4,22 [2017 Wisconsin Act 184] Section 9320 (1) Supervised release. The treatment of sections 20.435 (2) (gz), 51.61 (1) (z), 980.08 (4) (cm), (d), (dm) 3., (e), (em), (f) (intro.), 1., 2., 3., and 4., and (g) and (5m), and 980.105 (2) and (2m) (intro.) 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 subsection. Under this subsection, a petition is pending if the person who filed the petition has not been physically placed in a residence on supervised release under section 980.08 of the statutes.

AB55,5 Section 5 . Nonstatutory provisions.

AB55,5,7 (1) The department of health services shall identify any person on supervised release whose residence or proposed residence does not conform with 2017 Wisconsin Act 184, section 9320 (1), as affected by this act, and shall notify the court of the nonconforming residence or proposed residence. If a court is so notified under this subsection, the court shall revoke the order for the person's supervised release and order the county of the person's residence, as determined by the department of health services under s. 980.105, to prepare a new report under s. 980.08 (4) (dm) and the department of health services to prepare a new supervised release plan under s. 980.08 (4) (f).

AB55,5,8 (End)