939.615 Lifetime supervision of serious sex offenders.

982 words·~4 min read·/wi/chapter-939/939-615-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Department” means the department of corrections.

(b)“Serious sex offense” means any of the following:

1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22

(2), 940.225

(1),

(2), or

(3), 948.02

(1)or

(2), 948.025

(1), 948.05

(1)or

(1m), 948.051 , 948.055

(1), 948.06 , 948.07 , 948.072 , 948.075 , 948.08 , 948.085 , 948.11

(a), 948.12 , 948.125 , or 948.13 or of s. 940.302

(2)if s. 940.302

(a)1. b. applies.

2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940 , 942 , 943 , 944 or 948 other than a violation specified in subd. 1. , if the court determines that one of the purposes for the conduct constituting the violation was for the actor’s sexual arousal or gratification.

(2)When lifetime supervision may be ordered.

(a)Except as provided in par.

(b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17 , place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

(b)A court may not place a person on lifetime supervision under this section if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under sub.

(6).

(c)If the prosecutor is seeking lifetime supervision for a person who is charged with committing a serious sex offense specified in sub.

(b)2. , the court shall direct that the trier of fact find a special verdict as to whether the conduct constituting the offense was for the actor’s sexual arousal or gratification.

(3)When lifetime supervision begins. Subject to sub.

(4), the period of lifetime supervision on which a person is placed under this section shall begin at whichever of the following times is applicable:

(a)If the person is placed on probation for the serious sex offense, upon his or her discharge from probation.

(b)If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole or extended supervision.

(c)If the person is sentenced to prison for the serious sex offense and is being released from prison because he or she has reached the expiration date of his or her sentence, upon his or her release from prison.

(d)If the person has been committed to the department of health services under s. 971.17 for the serious sex offense, upon the termination of his or her commitment under s. 971.17

(5)or his or her discharge from the commitment under s. 971.17

(6), whichever is applicable.

(e)If par.

(a),

(b),

(c)or

(d)does not apply, upon the person being sentenced for the serious sex offense.

(4)Only one period of lifetime supervision may be imposed. If a person is being sentenced for more than one conviction for a serious sex offense, the court may place the person on one period of lifetime supervision only. A period of lifetime supervision ordered for a person sentenced for more than one conviction begins at whichever of the times specified in sub.

(3)is the latest.

(5)Status of person placed on lifetime supervision; powers and duties of department.

(a)A person placed on lifetime supervision under this section is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.

(am)The department may temporarily take a person on lifetime supervision into custody if the department has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. Custody under this paragraph may last only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency for commencement of prosecution under sub.

(7).

(b)The department shall charge a fee to a person placed on lifetime supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for persons placed on lifetime supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each person placed on lifetime supervision. The department may decide not to charge a fee while a person placed on lifetime supervision is exempt as provided under par.

(c). The department shall collect moneys for the fees charged under this paragraph and credit those moneys to the appropriation account under s. 20.410

(gh).

(c)The department may decide not to charge a fee under par.

(b)to any person placed on lifetime supervision while he or she meets any of the following conditions:

1. Is unemployed.

2. Is pursuing a full-time course of instruction approved by the department.

3. Is undergoing treatment approved by the department and is unable to work.

4. Has a statement from a physician certifying to the department that the person should be excused from working for medical reasons.