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Order For Exemption CR-232 - Wisconsin
|Order For Exemption Form. This is a Wisconsin form and can be used in Criminal Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Order for Exemption under §948.13(2m) CR-232 §948.13(2m), Wisconsin Statutes none found To order an exemption from the prohibition of §948.13(2) against a person convicted of multiple sexual assaults against the same child under §948.025(10) from engaging in an occupation or working as a volunteer which involves direct and primary contact with children 15 and under. Petitioner or court Original to file; copies to DA and Petitioner. None New form. N/A 1997 Act 130 amended §948.13(2) to allow an exemption from its prohibitions and created (2m) to provide a procedure for the granting such an exemption. This order is granted only if the court makes all the affirmative findings set forth in paragraph 7 and has considered all the matters set forth in paragraph 8. This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: About this form: Date: 11/19/99 Page 1 2001 © American LegalNet, Inc. For Official Use STATE OF WISCONSIN, CIRCUIT COURT, State of Wisconsin, Plaintiff, -vs- COUNTY Order for Exemption under §948.13(2m) Case No. Defendant THE COURT FINDS: 1. The petitioner was convicted of a crime under §948.025(1), Wisconsin Statutes. 2. The petitioner requested court approval to engage in an occupation or participate in a volunteer position that would require the petitioner to work or interact primarily and directly with children under 16 years of age. 3. The specific occupation or volunteer position in which the petitioner seeks to engage is: 4. A hearing was was not held on this matter. did not make a statement to the court either orally or 5. The victim of the petitioner's crime did in writing concerning the petitioner's request. 6. The court: did request the petitioner to submit to an examination by a physician, psychologist or other expert and a copy of that report has been reviewed by the court. did not request an examination. 7. At the time of the commission of the crime under §948.025(1), Wisconsin Statutes (all of the following must be true): a. The petitioner was age 18 or younger. The petitioner's actual age on the date of the crime was . b. The child with whom the petitioner had sexual contact or sexual intercourse was within 4 years of the petitioner's age. c. The child with whom the petitioner had sexual contact or sexual intercourse was at least 13 years of age but not yet 16 years of age. The actual age of the child with whom the petitioner had sexual contact or sexual intercourse on the date of the crime was . d. It is not necessary in the interest of public protection for the petitioner to comply with the legal prohibition to not engage in this type of occupational or volunteer position. 8. The court has considered, in addition to the factors in paragraph 7 above, a. The relationship between the petitioner and the victim. b. Whether the crime resulted in bodily harm to the victim. c. Whether the victim suffered from any mental illness or mental deficiency that affected the victim's capacity to understand or evaluate the consequences of his or her actions. d. The probability that the petitioner will commit other serious child sex offenses. IT IS ORDERED that the petition is granted. BY THE COURT: Circuit Court Judge Distribution: 1. Court - Original 2. District Attorney (who prosecuted the case) 3. Petitioner/Petitioner's Attorney Name Printed or Typed Date CR-232, 11/99 Order for Exemption Under §948.13(2m) §948.13(2m), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 2001 © American LegalNet, Inc.