Chapter 980

CHAPTER 980

SEXUALLY VIOLENT PERSON COMMITMENTS

980.01   Definitions.

980.015   Notice to the department of justice and district attorney.

980.02   Sexually violent person petition; contents; filing.

980.03   Rights of persons subject to petition.

980.0305   Reimbursement for counsel provided by the state.

980.031   Examinations.

980.034   Change of place of trial or jury from another county.

980.036   Discovery and inspection.

980.038   Miscellaneous procedural provisions.

980.04   Detention; probable cause hearing; transfer for examination.

980.05   Trial.

980.06   Commitment.

980.063   Deoxyribonucleic acid analysis requirements.

980.065   Institutional care for sexually violent persons.

980.067   Activities off grounds.

980.07   Periodic reexamination and treatment progress; report from the department.

980.08   Supervised release; procedures, implementation, revocation.

980.09   Petition for discharge.

980.095   Procedures for discharge hearings.

980.101   Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.

980.105   Determination of county and city, village, or town of residence.

980.11   Notice concerning supervised release or discharge.

980.12   Department duties; costs.

980.13   Applicability.

980.135   Local restrictions; limited exemption.

980.14   Immunity.

980.01 980.01 Definitions. In this chapter:

980.01(1b) (1b) “Act of sexual violence” means conduct that constitutes the commission of a sexually violent offense.

980.01(1d) (1d) “Agency with jurisdiction” means the agency with the authority or duty to release or discharge the person.

980.01(1e) (1e) “Assisted living facility” has the meaning given in s. 101.123 (1) (ab).

980.01(1g) (1g) “Child care facility” means a child care facility that is operated by a person licensed under s. 48.65 or certified under s. 48.651 or that is established or contracted for under s. 120.13 (14).

980.01(1h) (1h) “Department” means the department of health services.

980.01(1j) (1j) “Incarceration” includes confinement in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

980.01(1m) (1m) “Likely” means more likely than not.

980.01(2) (2) “Mental disorder” means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence.

980.01(2m) (2m) “Nursing home” has the meaning given in s. 50.01 (3).

980.01(3) (3) “Petitioner” means the agency or person that filed a petition under s. 980.02.

980.01(3d) (3d) “Place of worship” means a church building where religious services are held.

980.01(3g) (3g) “Public park” means a park or playground that is owned or maintained by the state or by a city, village, town, or county.

980.01(3m) (3m) “School premises” has the meaning given in s. 948.61 (1) (c).

980.01(4) (4) “Secretary” means the secretary of health services.

980.01(4m) (4m) “Serious child sex offender” means a person who has been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violation of a crime specified in s. 948.02 (1) or (2), 948.025 (1), or 948.085 against a child who had not attained the age of 13 years.

980.01(5) (5) “Sexually motivated” means that one of the purposes for an act is for the actor’s sexual arousal or gratification or for the sexual humiliation or degradation of the victim.

980.01(6) (6) “Sexually violent offense” means any of the following:

980.01(6)(a) (a) Any crime specified in s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085.

980.01(6)(am) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).

980.01(6)(b) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (2), (4), (5), or (6), 940.195 (4) or (5), 940.198 (2) or (3), 940.30, 940.305, 940.31, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

980.01(6)(bm) (bm) An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b) and that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

980.01(6)(c) (c) Any solicitation, conspiracy, or attempt to commit a crime under par. (a), (am), (b), or (bm).

980.01(7) (7) “Sexually violent person” means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in one or more acts of sexual violence.

980.01(8) (8) “Significant progress in treatment” means that the person is doing all of the following:

980.01(8)(a) (a) Meaningfully participating in the treatment program specifically designed to reduce his or her risk to reoffend offered at a facility described under s. 980.065.

980.01(8)(b) (b) Participating in the treatment program at a level that is sufficient to allow the identification of his or her specific treatment needs and demonstrating, through overt behavior, a willingness to work on addressing the specific treatment needs.

980.01(8)(c) (c) Demonstrating an understanding of the thoughts, attitudes, emotions, behaviors, and sexual arousal linked to his or her sexual offending and an ability to identify when the thoughts, emotions, behaviors, or sexual arousal occur.

980.01(8)(d) (d) Demonstrating sufficiently sustained change in the thoughts, attitudes, emotions, and behaviors and sufficient management of sexual arousal such that one could reasonably assume that, with continued treatment, the change could be maintained.

980.01(9) (9) “Substantially probable” means much more likely than not.