LRB-4493/1
GMM:bjk:jf
2009 - 2010 LEGISLATURE
April 5, 2010 - Introduced by Senators Darling and Lazich, cosponsored by
Representatives Stone and Suder. Referred to Committee on Judiciary,
Corrections, Insurance, Campaign Finance Reform, and Housing.
SB666,1,4
1An Act to create 938.34 (15m) (cm) and 938.345 (3) (bm) of the statutes;
relating
2to: requiring an assessment of a juvenile sex offender for the probability of
3reoffending and consideration of the results of the assessment in determining
4the services to be provided for the juvenile.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court) must order a juvenile who has been
adjudicated delinquent for committing certain sex offenses to register with the
Department of Corrections (DOC) as a sex offender, if the victim was a minor and the
juvenile was not the victim's parent, unless the juvenile court determines that the
juvenile is not required to register under the exception in the sex offender
registration law for certain underage sexual activity. Current law also permits the
juvenile court to order a juvenile who has been adjudicated delinquent or found to
be in need of protection or services on the basis of a crime against life or bodily
security, a crime against sexual morality, a crime against children, certain crimes
against property, or invasion of privacy to register with DOC as a sex offender if the
juvenile court determines that the underlying conduct was sexually motivated and
that it would be in the interest of public protection to have the juvenile register as
a sex offender.
This bill requires the juvenile court to order DOC, a county department of
human services or social services, or other agency primarily responsible for
providing services under a juvenile court order requiring a juvenile to register as a
sex offender to assess or provide for an assessment of the probability that the juvenile
will commit other violations triggering the sex offender registration requirement
and to consider the results of the assessment in determining the services to be
provided under the juvenile court order.
For further information see the state and local 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:
SB666, s. 1
1Section
1. 938.34 (15m) (cm) of the statutes is created to read:
SB666,2,72
938.34
(15m) (cm) If the court orders a juvenile to comply with the reporting
3requirements under s. 301.45, the court shall order the department, county
4department, or other agency primarily responsible for providing services under the
5order to assess or provide for an assessment of the probability that the juvenile will
6commit other violations specified in par. (am) or (bm) and to consider the results of
7the assessment in determining the services to be provided under the order.
SB666, s. 2
8Section
2. 938.345 (3) (bm) of the statutes is created to read:
SB666,2,149
938.345
(3) (bm) If the court orders a juvenile to comply with the reporting
10requirements under s. 301.45, the court shall order the department, county
11department, or other agency primarily responsible for providing services under the
12order to assess or provide for an assessment of the probability that the juvenile will
13commit other violations specified in par. (a) (intro.) and to consider the results of the
14assessment in determining the services to be provided under the order.
SB666,2,1816
(1)
Assessment of juvenile sex offenders. This act first applies to a violation
17specified in section 938.34 (15m) (am) or (bm) or 938.345 (3) (a) (intro.) of the statutes
18committed on the effective date of this subsection.
