This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-0210/2
CMH:cjs&amn
2019 - 2020 LEGISLATURE
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 1An Act to amend 980.08 (4) (dm) 1. (intro.), 980.08 (4) (dm) 1. a., b. and c. and
2980.08 (4) (dm) 4. of the statutes; and to affect 2017 Wisconsin Act 184, section
39320 (1); relating to: applicability of 2017 Wisconsin Act 184; time frame for
4reports for sexually violent persons petitioning for supervised release; and
5placement 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 1Section 1. 980.08 (4) (dm) 1. (intro.) of the statutes is amended to read:
AB55,3,42 980.08 (4) (dm) 1. (intro.) If the court finds that all of the criteria in par. (cg)
3are met, the court shall order the county of the person's residence, as determined by
4the department of health services under s. 980.105, to prepare a report. The county
5shall create a temporary committee to prepare the report for the county. The
6committee shall consist of the county department under s. 51.42, a representative of
7the department of health services, a local probation or parole officer, the county
8corporation counsel or his or her designee, and a representative of the county that
9is responsible for land use planning or the department of the county that is
10responsible for land information. In the report, the county shall identify an
11appropriate residential option in that county while the person is on supervised
12release. In counties with a population of 750,000 or more, the committee shall select
13a residence in the person's city, village, or town of residence, as determined by the

1department of health services under s. 980.105 (2m). The report shall demonstrate
2that the county has contacted the landlord for that residential option and that the
3landlord has committed to enter into a lease. The county shall consider the following
4factors
when identifying an appropriate residential option:
AB55,2 5Section 2. 980.08 (4) (dm) 1. a., b. and c. of the statutes are amended to read:
AB55,3,126 980.08 (4) (dm) 1. a. Ensure that The distance between the person's placement
7is into a residence that is not less than 1,500 feet from and any school premises, child
8care facility, public park, place of worship, or youth center. A person is not in violation
9of a condition or rule of supervised release under sub. (7) (a) if any school premises,
10child care facility, public park, place of worship, or youth center is established within
111,500 feet from
near the person's residence after he or she is placed in the residence
12under this section.
AB55,3,2013 b. If the person committed a sexually violent offense against an adult at risk,
14as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br),
15ensure that the distance between the person's placement is into a residence that is
16not less than 1,500 feet from
and a nursing home or an assisted living facility. A
17person is not in violation of a condition or rule of supervised release under sub. (7)
18(a) if a nursing home or an assisted living facility is established within 1,500 feet from
19near the person's residence after he or she is placed in the residence under this
20section.
AB55,4,421 c. If the person is a serious child sex offender, ensure that the distance between
22the person's placement is into a residence that is not on a property adjacent to and
23a property where a child's primary residence exists. For the purpose of this
24subdivision, adjacent properties are properties that share a property line without
25regard to a public or private road if the living quarters on each property are not more

1than 1,500 feet apart.
A person is not in violation of a condition or rule of supervised
2release under sub. (7) (a) if a child establishes primary residence in a property
3adjacent to near the person's residence after the person is placed in the residence
4under this section.
AB55,3 5Section 3. 980.08 (4) (dm) 4. of the statutes is amended to read:
AB55,4,146 980.08 (4) (dm) 4. The county shall submit its report to the department of
7health services within 120 180 days following the court order. A Unless a court, upon
8the county's request, determines that the county is making a good faith effort to
9conform to the deadline, a
county that does not submit its report within 120 180 days
10violates the person's rights under s. 51.61, and each day that the county does not
11submit the report after the 120 180 days have expired constitutes a separate
12violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond costs and
13reasonable actual attorney fees recovered by the person for a violation shall be
14deposited into the appropriation account under s. 20.435 (2) (gz).
AB55,4 15Section 4 . 2017 Wisconsin Act 184, section 9320 (1) is amended to read:
AB55,4,2216[2017 Wisconsin Act 184] Section 9320 (1) Supervised release. The treatment
17of sections 20.435 (2) (gz), 51.61 (1) (z), 980.08 (4) (cm), (d), (dm) 3., (e), (em), (f)
18(intro.), 1., 2., 3., and 4., and (g) and (5m), and 980.105 (2) and (2m) (intro.) of the
19statutes and Section 9120 (1) of this act first apply to petitions pending under section
20980.08 of the statutes on the effective date of this subsection. Under this subsection,
21a petition is pending if the person who filed the petition has not been physically
22placed in a residence on supervised release under section 980.08 of the statutes.
AB55,5 23Section 5 . Nonstatutory provisions.
AB55,5,724 (1) The department of health services shall identify any person on supervised
25release whose residence or proposed residence does not conform with 2017 Wisconsin

1Act 184, section 9320 (1), as affected by this act, and shall notify the court of the
2nonconforming residence or proposed residence. If a court is so notified under this
3subsection, the court shall revoke the order for the person's supervised release and
4order the county of the person's residence, as determined by the department of health
5services under s. 980.105, to prepare a new report under s. 980.08 (4) (dm) and the
6department of health services to prepare a new supervised release plan under s.
7980.08 (4) (f).
AB55,5,88 (End)
Loading...
Loading...