980.08 Supervised release; procedures, implementation, revocation.

1,352 words·~6 min read·/wi/chapter-980/980-08-2

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

(1)Any person who is committed under s. 980.06 may petition the committing court to modify its order by authorizing supervised release if at least 12 months have elapsed since the initial commitment order was entered or at least 12 months have elapsed since the most recent release petition was denied, since supervised release was denied under s. 980.09

(4), or since the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person’s behalf at any time.

(2)If the person files a timely petition without counsel, the court shall serve a copy of the petition on the district attorney or department of justice, whichever is applicable and, subject to s. 980.03

(a), refer the matter to the authority for indigency determinations under s. 977.07

(1)and appointment of counsel under s. 977.05

(j). If the person petitions through counsel, his or her attorney shall serve the district attorney or department of justice, whichever is applicable.

(2m)The person submitting the petition may use experts or professional persons to support his or her petition. The district attorney or the department of justice may use experts or professional persons to support or oppose any petition.

(a)Within 20 days after receipt of the petition, the court shall appoint one or more examiners for the court who have the specialized knowledge determined by the court to be appropriate, who shall examine the person and furnish a written report of the examination to the court within 60 days after appointment, unless the court for good cause extends this time limit. If the person requests appointment of an examiner within 20 days after the filing of the petition, the court shall appoint an examiner for the person, unless the court appointed an examiner under s. 980.031

(3)or 980.07

(1)for the current reexamination period. If a report filed by an examiner appointed under s. 980.07

(1)to conduct a reexamination of the person’s mental condition within the 6 months preceding the filing of the petition supports supervised release, the court may appoint that examiner as the examiner for the person under this subsection.

(b)The examiners appointed under par.

(a)shall have reasonable access to the person for purposes of examination and to the person’s past and present treatment records, as defined in s. 51.30

(b), and patient health care records, as provided under s. 146.82

(c). If any such examiner believes that the person is appropriate for supervised release under the criteria specified in sub.

(cg), the examiner shall report on the type of treatment and services that the person may need while in the community on supervised release. The county shall pay the costs of an examiner appointed under par.

(a)as provided under s. 51.20

(a).

(a)The court, without a jury, shall hear the petition within 120 days after the report of the court-appointed examiner appointed under sub.

(a)is filed with the court, unless the court for good cause extends this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20

(b),

(c), and

(d).

(c)In making a decision under par.

(cg), the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02

(a), the person’s mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. A decision under par.

(cg)on a petition filed by a person who is a serious child sex offender may not be made based on the fact that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or on the fact that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

(cg)The court may not authorize supervised release unless, based on all of the reports, trial records, and evidence presented, the court finds that all of the following criteria are met:

1. The person is making significant progress in treatment and the person’s progress can be sustained while on supervised release.

2. It is substantially probable that the person will not engage in an act of sexual violence while on supervised release.

3. Treatment that meets the person’s needs and a qualified provider of the treatment are reasonably available.

4. The person can be reasonably expected to comply with his or her treatment requirements and with all of his or her conditions or rules of supervised release that are imposed by the court or by the department.

5. A reasonable level of resources can provide for the level of residential placement, supervision, and ongoing treatment needs that are required for the safe management of the person while on supervised release.

(cj)The person has the burden of proving by clear and convincing evidence that the person meets the criteria in par.

(cg).

1. 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 and, if any tribally owned lands are located in that county, shall notify each tribal chair in that county that the county has been ordered 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 do all of the following when identifying an appropriate residential option:

a. Ensure that the person’s placement is into a residence that is not less than 1,500 feet from 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.

(a)if any school premises, child care facility, public park, place of worship, or youth center is established within 1,500 feet from the person’s residence after he or she is placed in the residence under this section.

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

(br), ensure that the person’s placement is into a residence that is not less than 1,500 feet from a nursing home or an assisted living facility. A person is not in violation of a condition or rule of supervised release under sub.

(a)if a nursing home or an assisted living facility is established within 1,500 feet from the person’s residence after he or she is placed in the residence under this section.