AB332: Bill Text

Sex Offender Registration Requirements

Under current law, a person must register with DOC as a sex offender if he or she has been convicted of certain sex offenses, found not guilty of certain sex offenses by reason of mental disease or defect, or adjudicated delinquent on the basis of certain sex offenses.

DOC may require a person registered as a sex offender to provide DOC with his or her fingerprints, a recent photograph, and certain other information including the address at which he or she is or will be residing, the name and address of the place at which he or she is or will be employed, and the name and location of any school in which he or she is or will be enrolled. If any information contained in DOC's registry of sex offenders changes, the registrant must provide DOC with the updated information in compliance with time limits set forth under current law.

Under the bill, a person who is required to register with DOC as a sex offender must also provide, and update, his or her email account and the Internet address of any Web site he or she maintains.

Under current law, in general, a person who is registered as a sex offender must register annually with DOC, as directed by DOC. At that time, the person must provide DOC with information such as his or her current address and the name and location of any employer or school the person attends.

A person who is subject to lifetime sex offender registration and has been found to be an SVP must register every 90 days, as directed by DOC.

The bill requires a person registered as a sex offender to register every six months and to provide DOC with the registry information in person. At the time of the registration, DOC must photograph the person and then update the registry with the person's most current photograph.

The bill maintains the requirement that certain persons subject to lifetime sex offender registration register every 90 days but requires that registration be in person at least once every six months. At the time of in-person registration, DOC must photograph the person and then update the registry with the person's most current photograph.

Information Provided to Director of Security of Postsecondary School

Under current law, when a person is registered as a sex offender with DOC, DOC must make specified information immediately available to the police chief of any community and the sheriff of any county in which the person is residing, is employed, or is attending school. DOC must make the information available through a direct electronic data transfer system. Also under current law, DOC is required to provide the police chief of any community and the sheriff of any county in which the person is residing, is employed, or is attending school with special bulletin notices relating to certain sex offenders and may provide a special bulletin notice concerning any sex offender.

The bill requires DOC to make this information available to the director of security for any postsecondary educational institution in the community in which the person is residing, is employed, or is attending school. Postsecondary educational institution is defined as a public or private college or university, or a vocational or technical institution or school.

However, under the bill, DOC may not provide information to the director of security for a postsecondary educational institution that relates to a child who is registered as a sex offender or that relates to a juvenile delinquency adjudication for a sex offense.

The bill also requires DOC to provide a director of security for a postsecondary educational institution with information obtained through the global positioning tracking system for certain sex offenders, upon request of the director of security. DOC determines the information provided and the manner in which it is provided.

Information on DOC Internet Site

Under current law, DOC is required to provide access to information concerning registered sex offenders by creating and maintaining an Internet site and by any other means that DOC determines is appropriate. DOC must provide the following information on a registered sex offender on the site:

1. If the person is an SVP under ch. 980, stats., a notice, written in red letters, of that status.

2. A current color photograph of the person, if available, and a physical description including sex, race, height, weight, eye color, and hair color.

3. The person's name and home address.

4. Whether the person has responded to the last contact letter from DOC.

5. The crime committed for which the person must register.

6. Any conditions of the person's supervised release, except for any condition that may reveal the identity of the victim of the crime that the person committed for which he or she must register.

7. The date, time, and place of any scheduled hearings for supervised release or discharge under ch. 980, stats.

8. The name of the judge who authorized supervised release or discharge for the person.

9. The most recent date on which the information was updated.

The bill expands the list of required information on the DOC Internet site to include the following about these registered persons:

1. If the person is an SVP or a registered "high-risk sex offender," the geographic area of any current employer of the person or any business the person is operating and the geographic area of any school the person is attending. The bill creates a definition of "high-risk sex offender."

2. A full body photograph of the person. This is in addition to the other photograph requirements in the bill and in current law.

3. Two or more current color photographs of the person. The photographs must be updated at least every six months. If one or more current color photographs of the person are impossible to obtain, one or more other photographs of the person may be used.

4. A specific description of any distinguishing marks on the person's body.

This bill also requires DOC to include links to other state agency Web sites that provide information on the prevention and identification of sexual abuse and other sex crimes and information on how to report suspected sexual abuse or other sex crimes.

AB332, s. 1 Section 1. 51.30 (4) (b) 16. of the statutes is amended to read:

AB332,5,9 51.30 (4) (b) 16. If authorized by the secretary or his or her designee, to a law enforcement agency upon request if the individual was admitted committed or detained under ch. 971 or, 975, or 980 or transferred under s. 51.35 (3) or 51.37. Information released under this subdivision is limited to the individual's name and other identifying information, including photographs and fingerprints, the branch of the court that committed the individual, the crime that the individual is charged with, found not guilty of by reason of mental disease or defect, or convicted of, whether or not the individual is or has been authorized to leave the grounds of the institution and information as to the individual's whereabouts during any time period. In this subdivision "law enforcement agency" has the meaning provided in s. 165.83 (1) (b).

Note: Permits disclosure of specified information to law enforcement relating to an SVP committed under ch. 980, stats., if authorized by the secretary of health and family services, under ch. 51, stats., the mental health act.

AB332, s. 2 Section 2. 301.45 (2) (a) 6m. of the statutes is created to read:

AB332,5,12 301.45 (2) (a) 6m. The name or number of any electronic mail account used by the person and the Internet address of any Web site maintained by the person.

Note: Requires a registered sex offender to provide to DOC his or her email account and the Internet address of any Web site maintained by the offender.

AB332, s. 3 Section 3. 301.45 (3) (title) and (a) (intro.) of the statutes are amended to read:

AB332,5,15 301.45 (3) (title) Annual Biannual registration and photograph requirements.

AB332,5,17 (a) (intro.) A person covered under sub. (1g) is subject to the annual biannual registration and photograph requirements under par. (b) as follows:

AB332, s. 4 Section 4. 301.45 (3) (b) 1. of the statutes is amended to read:

AB332,6,5 301.45 (3) (b) 1. Except as provided in subd. 1m., every 6 months a person who is subject to par. (a) shall notify, in person, provide the department once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The At that time, the department shall photograph the person and update the registry with the person's most current photograph. Every 6 months the department shall annually notify registrants of their need to comply with this requirement. If the registrant is a person under the age of 18, every 6 months the department may also annually notify the registrant's parent, guardian, or legal custodian of the registrant's need to comply with this requirement.

Note: Requires a person registered as a sex offender to register every six months and to provide DOC with the registry information in person. At the time of the registration, DOC must photograph the person and then update the registry with the person's most current photograph.

AB332, s. 5 Section 5. 301.45 (3) (b) 1m. of the statutes is amended to read:

AB332,6,18 301.45 (3) (b) 1m. A person who is subject to lifetime registration under sub. (5) (b) 2. or (5m) (b) 4. shall notify the department once each 90 days, as directed by the department, of his or her current information specified in sub. (2) (a). At least once every 6 months, the person shall, in person, provide the department with his or her information, as directed by the department. At that time, the department shall photograph the person and update the registry with the person's most current photograph. Every 90 days, the department shall notify registrants subject to this subdivision of their need to comply with this requirement the requirements of this subdivision. If the registrant subject to this subdivision is a person under the age of 18, the department may also notify the registrant's parent, guardian or legal custodian every 90 days of the registrant's need to comply with this requirement the requirements of this subdivision.

Note: Maintains the requirement in current law that certain persons subject to lifetime sex offender registration register every 90 days but requires that registration be in person at least once every six months. At the time of in-person registration, DOC must photograph the person and then update the registry with the person's most current photograph.

AB332, s. 6 Section 6 . 301.46 (1) (ag) of the statutes is created to read:

AB332,7,4 301.46 (1) (ag) "High-risk sex offender" means a person who has been found to have committed a sex offense, as defined in s. 301.45 (1d) (b), or a violation of a federal law or the law of another state that is comparable to such a sex offense if the department determines that the person meets one of the following criteria:

AB332,7,8 1. He or she has been found to have committed offenses involving 2 separate victims and at least one offense is a serious sex offense, as defined in s. 304.06 (2m) (a), and at least one offense is a serious sex offense, as defined in s. 304.06 (2m) (a), or a serious felony, as defined in s. 939.62 (2m) (a) 2m.

AB332,7,13 2. He or she has been found to have committed a serious child sex offense, as defined in s. 939.62 (2m) (a) 1m., involving a victim less than 12 years of age, and the victim is a person with whom a relationship had been established or exploited for the purpose of victimization, a person of casual acquaintance with whom no substantial relationship existed, or a stranger.

AB332,7,19 3. He or she has been found to have committed a serious sex offense, as defined in s. 304.06 (2m) (a), or a serious child sex offense, as defined in s. 939.62 (2m) (a) 1m., involving a victim 12 years of age or older, and the victim is a person with whom a relationship had been established or exploited for the purpose of victimization, a person of casual acquaintance with whom no substantial relationship existed, or a stranger.

AB332,7,20 4. Any criteria established by the department by rule.

Note: Creates definition of "high-risk sex offender".

AB332, s. 7 Section 7. 301.46 (1) (am) of the statutes is created to read:

AB332,7,23 301.46 (1) (am) "Postsecondary educational institution" means a public or private college or university, or a vocational or technical institution or school.

Note: Creates a definition of "postsecondary educational institution" for purposes of providing sex offender registry information to the director of security for any postsecondary institution.

AB332, s. 8 Section 8. 301.46 (2r) of the statutes is created to read:

AB332,8,9 301.46 (2r) Access for postsecondary educational institutions. (a) When a person is registered under s. 301.45 (2) or when the person informs the department of a change in information under s. 301.45 (4), the department shall immediately make the information specified in par. (b) available to the director of security for any postsecondary education institution in the community in which the person is residing, is employed, or is attending school. The department shall make information or updated information available under this paragraph through a direct electronic data transfer system.

AB332,8,11 (b) Subject to par. (c), the department shall make all of the following information available under par. (a):

AB332,8,12 1. The person's name, including any aliases used by the person.

AB332,8,14 2. Information sufficient to identify the person, including date of birth, sex, race, height, weight, and hair and eye color.

AB332,8,17 3. The statute the person violated, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated, or committed.

AB332,8,18 4. Whichever of the following is applicable:

AB332,8,20 a. The date the person was placed on probation, supervision, conditional release, conditional transfer, or supervised release.

AB332,8,23 b. The date the person was released from confinement, whether on parole, extended supervision, or otherwise, or discharged or terminated from a sentence or commitment.

AB332,9,1 c. The date the person entered the state.

AB332,9,2 d. The date the person was ordered to comply with s. 301.45.

AB332,9,3 5. The address at which the person is residing.

AB332,9,6 6. The name of the agency supervising the person, if applicable, and the office or unit and telephone number of the office or unit that is responsible for the supervision of the person.

AB332,9,7 7. The name and address of any place at which the person is employed.

AB332,9,8 8. The name and location of any school in which the person is enrolled.

AB332,9,9 9. The most recent date on which the information under s. 301.45 was updated.

AB332,9,13 (c) In addition to having access to information under par. (a) and subject to par. (d), a director of security for a postsecondary educational institution may request that the department provide him or her with information concerning any person registered under s. 301.45.

AB332,9,15 (d) The department may not provide any of the following to a director of security for a postsecondary educational institution:

AB332,9,17 1. Any information concerning a child who is required to register under s. 301.45.

AB332,9,19 2. If the person required to register under s. 301.45 is an adult, any information concerning a juvenile proceeding in which the person was involved.

Note: Provides that when a person is registered as a sex offender, DOC must immediately make information, currently available to law enforcement, concerning the sex offender available to the director of security for any postsecondary educational institution in the community in which the person is residing, is employed, or is attending school, except that DOC may not provide any information concerning a registered sex offender who is a child or any information concerning a juvenile proceeding in which the registered sex offender was involved. The bill requires DOC to provide the director of security for any postsecondary educational institution with updated sex offender registry information. The bill permits a director of security for a postsecondary educational institution to request information concerning any person registered as a sex offender and permits DOC to provide that information, except that DOC may not provide any information concerning a registered sex offender who is a child or any information concerning a juvenile proceeding in which the registered sex offender was involved.

AB332, s. 9 Section 9. 301.46 (2s) of the statutes is created to read:

AB332,10,15 301.46 (2s) Bulletins to the directors of security for postsecondary educational institutions. (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has, on one occasion only, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, the agency with jurisdiction may notify any director of security for a postsecondary educational institution in the community in which the person will be residing, employed, or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2r) or to any other notification that an agency with jurisdiction is authorized to provide.

AB332,11,4 (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, the agency with jurisdiction shall notify any director of security for a postsecondary educational institution in the community in which the person will be residing, employed, or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2r) and to any other notification that an agency with jurisdiction is authorized to provide.

AB332,11,7 (at) Paragraphs (a) and (am) do not apply to a person if a court has determined under s. 301.45 (1m) that the person is not required to comply with the reporting requirements under s. 301.45.

AB332,11,10 (b) The notification under par. (a) or (am) shall be in the form of a written bulletin to the director of security for any postsecondary educational institution that contains all of the following:

AB332,11,11 1. The information specified in sub. (2r) (b).

AB332,11,13 1m. Notice that information concerning persons registered under s. 301.45 is be available on the Internet site established by the department under sub. (5n).

AB332,11,17 2. Any other information that the agency with jurisdiction determines is necessary to aid the security of a postsecondary educational institution. Information under this subdivision may include a photograph of the person, other identifying information, and a description of the person's patterns of violation.

AB332,11,19 (c) Notification under this subsection may not include any of the following information:

AB332,11,21 1. Any information concerning a child who is required to register under s. 301.45.

AB332,11,23 2. If the person required to register under s. 301.45 is an adult, any information concerning a juvenile proceeding in which the person was involved.

Note: Requires DOC to provide special bulletin notices under s. 301.46 (2m), stats., to directors of security for postsecondary educational institutions, except that DOC may not provide any information concerning a registered sex offender who is a child or any information concerning a juvenile proceeding in which the registered sex offender was involved. The bill permits DOC to provide information in addition to the special bulletin notice if DOC determines it is necessary to aid the security of a postsecondary educational institution.

AB332, s. 10 Section 10. 301.46 (4) (title) of the statutes is amended to read: