Supervised Release Program: Resources

Information for everyone

Information for county officials

Frequently asked questions about 2017 Wisconsin Act 184


Notification
 

Yes. Counties may request this information from the DHS Supervised Release Program. Contact Scott Timm.

DHS has revised the Petition for Supervised Release (F-25393A) to include the individual’s county of residence 51.42 Board as an entity that should receive a copy of the form when it is filed with the individual’s committing court.

The committing judge will issue an order to the county of residence to form a committee to create a report identifying a residence.


Committee
 

  • A representative of the county department under Wis. Stat. § 51.42
  • The local probation or parole officer
  • The county corporation counsel or designee
  • A representative of the county that is responsible for land use planning or the department of the county that is responsible for land information
  • A representative of DHS

(Wis. Stat. § 980(4)(dm)1.)

A DHS employee must serve on the committee formed by the county. The county can consult with DHS while preparing the residence report. If a county consults with DHS while preparing the report, DHS must respond within 10 days. (Wis. Stat. § 980.08(4)(dm)(3))

Counties should consult with their corporation counsel to determine whether open meetings law applies to the committee.


Client information
 

The committee can receive any information that is publicly available and any information ordered by the court. Sources for this information include the Wisconsin Sex Offender Registry and the Wisconsin Circuit Court Access Program. Use the individual’s name to search these databases for information.

Landlords can receive any information that is publicly available and any information ordered by the court. Sources for this information include the Wisconsin Sex Offender Registry and the Wisconsin Circuit Court Access Program. Use the individual’s name to search these databases for information.


Residence search process
 

The Supervised Release Program found residences in a variety of ways, including advertising the need for housing online and working with known vendors who were willing to purchase housing that meets legal criteria.

No. There are many ways to locate appropriate residences for individuals ordered for supervised release. Use the process and system that works the best for your county.

If 2017 Wisconsin Act 184 applies, the court will order the county to form a committee to search for a residence with the appropriate level of care for the client. 

Counties have 120 days to complete this task. Penalties may occur for non-compliance. 

The county must consult with the law enforcement agency with jurisdiction over the area of the identified residence. Law enforcement may submit a report about the identified residence.

The client is responsible for living expenses as they are able to pay. DHS supports clients if they are not able to cover the lease payment.

State statutes do not define what landlords can charge for rent for supervised release clients. The court has the option to reject the residential option proposed in the supervised release plan for any reason. 

No. There is nothing in the law that requires the State of Wisconsin to hold the lease with the vendor. 

Yes. Identified residences must be at least 1,500 feet from schools, child care facilities, parks, places of worship, and youth centers. (Wis. Stat. § 980.08(4)(dm)1.a.) If the individual is a serious child sex offender, the identified residence must not be on a property adjacent to the primary residence of a child. (Wis. Stat. § 980.08(4)(dm)1.c.) Identified residences also must be at least 1,500 feet from a nursing home or assisted living facility if a client committed an offense against an adult at risk or elder adult at risk. (Wis. Stat. § 980.08(4)(dm)1.b.)

No. Court orders for supervised release placements supersede local ordinances. (Wis. Stat. § 980.135)


Next steps
 

The county committee completes its report. The report must demonstrate that the county committee contacted the landlord for the identified residential option and that the landlord committed to enter into a lease. DHS must create a supervised release plan that includes the residence identified by the county committee within 30 days of receiving the report. The plan is submitted to the client’s committing court.  

If the court approves the client’s supervised release plan, the committee’s work is over. However, if the court finds a client’s supervised release plan inadequate due to the residential option proposed by the county, then the court will order the county to identify another residential option, confirm the landlord has committed to enter into a lease, and prepare a new report. The implementation of the client’s supervised release plan is the responsibility of DHS.

Glossary

 
Last revised December 19, 2023