January 30, 2003 - Introduced by Representatives J. Fitzgerald, Gundrum,
Powers, Ainsworth, Albers, Bies, Coggs, Freese, Gielow, Gronemus,
Grothman, Gunderson, Hines, Jeskewitz, Kaufert, Krawczyk, Kreibich,
LeMahieu, M. Lehman, Musser, Olsen, Ott, Owens, Shilling, Staskunas,
Stone, Turner, Underheim, Vukmir, Ward, Vrakas
and McCormick,
cosponsored by Senators S. Fitzgerald, Leibham, Breske, Kanavas, Kedzie, A.
Lasee, Reynolds, Stepp, Roessler
and Lazich. Referred to Committee on
Corrections and the Courts.
AB14,1,4 1An Act to repeal 301.46 (2m) (am); to amend 301.46 (2m) (at), 301.46 (2m) (b)
2(intro.), 301.46 (2m) (b) 1m., 301.46 (2m) (c), 301.46 (4) (d) and 980.08 (5); and
3to repeal and recreate 301.46 (2m) (title) and (a) of the statutes; relating to:
4notification to law enforcement of a sexual offender's residence.
Analysis by the Legislative Reference Bureau
Under current law, if the Department of Corrections or any other agency with
jurisdiction confines a person, places a person in a community extensive sanctions
program, or releases a person from confinement, and the person has, on only one
occasion, been convicted of a sex offense, the department or agency may notify the
police chief of the community and the sheriff of the county in which the person will
be residing, employed, or attending school. The department or agency may provide
the notice if the department or agency determines that the notification is necessary
to protect the public. If the same situation exists, except that the person has two or
more sex offense convictions, the department or agency must notify the police chief
of the community and the sheriff of the county in which the person will be residing,
employed, or attending school.
Under this bill, the department must immediately notify the police chief of the
community and the sheriff of the county in which any sex offender is residing,
employed, carrying on a vocation, or attending school when that person changes his
or her residence, employment, or vocation in this state, attends a different school in
this state, or becomes a resident of or a student in this state, is employed in this state,
or starts carrying on a vocation in this state. The bill requires the department to

specifically address the notice to the police chief of the community and the sheriff of
the county in which the person will be residing, attending school, employed, or
carrying on a vocation and requires the department to provide identifying
information about the person in addition to the the new address of the person, the
school that the person will be attending, the name and address of the person's
employer, and the name and address of the place where the person will be carrying
on a vocation, whichever are applicable.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB14, s. 1 1Section 1. 301.46 (2m) (title) and (a) of the statutes are repealed and recreated
2to read:
AB14,2,173 301.46 (2m) (title) Notice to law enforcement agencies. (a) When a person
4who is registered with the department under s. 301.45 (2) changes his or her
5residence, employment, or vocation in this state, enrolls in a different school in this
6state, becomes a resident of this state or a student in this state, becomes employed
7in this state, or starts carrying on a vocation in this state, the department shall
8immediately notify the police chief of the community and the sheriff of the county in
9which the person will be residing, attending school, employed, or carrying on a
10vocation. The department shall specifically address the notice to the police chief of
11the community and the sheriff of the county in which the person will be residing,
12attending school, employed, or carrying on a vocation. A notice that is addressed and
13sent to all police chiefs and sheriffs does not fulfill the requirements of this
14subsection. The notice shall include the information required under par. (b) and the
15new address of the person, the school that the person will be attending, the name and
16address of the person's employer, and the name and address of the place where the
17person will be carrying on a vocation, whichever are applicable.
AB14, s. 2
1Section 2. 301.46 (2m) (am) of the statutes is repealed.
AB14, s. 3 2Section 3. 301.46 (2m) (at) of the statutes is amended to read:
AB14,3,53 301.46 (2m) (at) Paragraphs (a) and (am) do Paragraph (a) does not apply to
4a person if a court has determined under s. 301.45 (1m) that the person is not
5required to comply with the reporting requirements under s. 301.45.
AB14, s. 4 6Section 4. 301.46 (2m) (b) (intro.) of the statutes is amended to read:
AB14,3,97 301.46 (2m) (b) (intro.) The notification under par. (a) or (am) shall be in the
8form of a written bulletin statement to the police chief or sheriff that contains all of
9the following:
AB14, s. 5 10Section 5. 301.46 (2m) (b) 1m. of the statutes is amended to read:
AB14,3,1311 301.46 (2m) (b) 1m. Notice that, beginning on June 1, 2001, information
12concerning persons registered under s. 301.45 will be available on the Internet site
13established by the department under sub. (5n).
AB14, s. 6 14Section 6. 301.46 (2m) (c) of the statutes is amended to read:
AB14,3,2115 301.46 (2m) (c) A police chief or sheriff who receives a bulletin notice under this
16subsection may provide any of the information in the bulletin notice, other than
17information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's
18community or the sheriff's county that is entitled to request information under sub.
19(4), to any person requesting information under sub. (5), or to members of the general
20public if, in the opinion of the police chief or sheriff, providing that information is
21necessary to protect the public.
AB14, s. 7 22Section 7. 301.46 (4) (d) of the statutes is amended to read:
AB14,3,2523 301.46 (4) (d) The department shall coordinate with the department of health
24and family services the sharing of address information of persons regarding whom
25notification bulletins are is issued under sub. (2m) (a) or (am).
AB14, s. 8
1Section 8. 980.08 (5) of the statutes is amended to read:
AB14,5,92 980.08 (5) If the court finds that the person is appropriate for supervised
3release, the court shall notify the department. The department shall make its best
4effort to arrange for placement of the person in a residential facility or dwelling that
5is in the person's county of residence, as determined by the department under s.
6980.105. The department and the county department under s. 51.42 in the county
7of residence of the person shall prepare a plan that identifies the treatment and
8services, if any, that the person will receive in the community. The plan shall address
9the person's need, if any, for supervision, counseling, medication, community support
10services, residential services, vocational services, and alcohol or other drug abuse
11treatment. In developing a plan for where the person may reside while on supervised
12release, the department shall consider the proximity of any potential placement to
13the residence of other persons on supervised release and to the residence of persons
14who are in the custody of the department of corrections and regarding whom a sex
15offender notification bulletin has been issued to law enforcement agencies under s.
16301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall
17address the person's need for pharmacological treatment using an antiandrogen or
18the chemical equivalent of an antiandrogen. The department may contract with a
19county department, under s. 51.42 (3) (aw) 1. d., with another public agency, or with
20a private agency to provide the treatment and services identified in the plan. The
21plan shall specify who will be responsible for providing the treatment and services
22identified in the plan. The plan shall be presented to the court for its approval within
2360 days after the court finding that the person is appropriate for supervised release,
24unless the department, county department, and person to be released request
25additional time to develop the plan. If the county department of the person's county

1of residence declines to prepare a plan, the department may arrange for another
2county to prepare the plan if that county agrees to prepare the plan and if the person
3will be living in that county. If the department is unable to arrange for another
4county to prepare a plan, the court shall designate a county department to prepare
5the plan, order the county department to prepare the plan, and place the person on
6supervised release in that county, except that the court may not so designate the
7county department in any county where there is a facility in which persons
8committed to institutional care under this chapter are placed unless that county is
9also the person's county of residence.
AB14, s. 9 10Section 9. Initial applicability.
AB14,5,1311 (1) This act first applies to persons who change their place of residence,
12employment, or vocation, or who attend a different school on the effective date of this
13subsection.
AB14, s. 10 14Section 10. Effective date.
AB14,5,1615 (1) This act takes effect on the first day of the 6th month beginning after
16publication.
AB14,5,1717 (End)
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