301.46(5)(b)4.
4. Any other information concerning the person that the department or the police chief or sheriff determines is appropriate.
301.46(5)(bm)
(bm) The department shall provide on the Internet site required under
sub. (5n) the following information concerning persons registered under
s. 301.45:
301.46(5)(bm)1.
1. If the person is a sexually violent person, as defined in
s. 980.01 (7), a notice, written in red letters, of that status.
301.46(5)(bm)2.
2. A current color photograph of the person, if available, and a physical description including sex, race, height, weight, eye color, and hair color.
301.46(5)(bm)4.
4. Whether the person has responded to the last contact letter from the department.
301.46(5)(bm)6.
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.
301.46(5)(bm)7.
7. The date, time, and place of any scheduled hearings for supervised release or discharge under
ch. 980.
301.46(5)(bm)8.
8. The name and court of the judge who authorized supervised release or discharge for the person.
301.46(5)(bm)9.
9. The most recent date on which the information was updated.
301.46(5)(c)
(c) The department may not provide any of the following under
par. (a):
Effective date note
NOTE: Par. (c) (intro.) is amended eff. 7-1-07 by
2005 Wis. Act 431 to read:
Effective date text
(c) The department may not provide any of the following under par. (a) or (bm):
301.46(5)(c)2.
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.
301.46(5n)(a)(a) No later than June 1, 2001, the department shall provide access to information concerning persons registered under
s. 301.45 by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information that the department is required to provide the person under
sub. (2),
(2m),
(3),
(4) or
(5) and other information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration.
301.46(5n)(b)
(b) For Internet access provided to law enforcement agencies under this subsection, the department shall provide the means for a law enforcement agency to easily identify changes that have occurred in the residence, employment, or place of school attendance of a person registered under
s. 301.45.
301.46(6)
(6) Period of notification of and access to information. 301.46(6)(a)(a) Except as provided in
par. (b), the department or an agency with jurisdiction may provide notice of or access to information under
subs. (2) to
(5) concerning a person registered under
s. 301.45 only during the period under
s. 301.45 (5) or
(5m) for which the person is required to comply with
s. 301.45.
301.46(6)(b)
(b) The department or an agency with jurisdiction may provide access to any information collected under
s. 301.45, regardless of whether the person is still required to be registered, to a law enforcement agency for law enforcement purposes.
301.46(7)
(7) Immunity. A person acting under this section is immune from civil liability for any good faith act or omission regarding the release of information authorized under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
301.46(8)
(8) Rules. The department shall promulgate rules necessary to carry out its duties under this section.
301.46(9)
(9) Effect on open records requests. This section does not prohibit the department from providing to a person, in response to that person's request under
s. 19.35 to inspect or copy records of the department, information that is contained in the sex offender registry under
s. 301.45 concerning a person who is in the custody or under the supervision of the department if that information is also contained in records of the department, other than the sex offender registry, that are subject to inspection or copying under
s. 19.35.
301.46 Cross-reference
Cross Reference: See also s.
DOC 332.01, Wis. adm. code.
301.46 Annotation
Sections 301.45 and 301.46 do not occupy the field in regulating the dissemination of sex offender registration information and do not prohibit a probation agent from requiring a probationer to inform the probationer's immediate neighbors of his or her status as a convicted sex offender, which was not unreasonable. State ex rel. Kaminski v. Schwarz, 2001 WI 94,
245 Wis. 2d 310,
630 N.W.2d 164,
99-3040.
301.47
301.47
Sex offender name changes prohibited. 301.47(1)
(1) In this section, "sex offender" means a person who is subject to
s. 301.45 (1g) but does not include a person who, as a result of a proceeding under
s. 301.45 (1m), is not required to comply with the reporting requirements of
s. 301.45.
301.47(2)
(2) A sex offender may not do any of the following before he or she is released, under
s. 301.45 (5) or
(5m), from the reporting requirements of
s. 301.45:
301.47(2)(b)
(b) Identify himself or herself by a name unless the name is one by which the person is identified with the department.
301.47(3)
(3) Whoever intentionally violates
sub. (2) is subject to the following penalties:
301.47(3)(a)
(a) Except as provided in
par. (b), the person is guilty of a Class H felony.
301.47(3)(b)
(b) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:
301.47(3)(b)2.
2. The person was not convicted of another offense under this section before committing the present violation.
301.47(4)
(4) The department shall make a reasonable attempt to notify each person required to comply with the reporting requirements under
s. 301.45 of the prohibition in
sub. (2), but neither the department's failure to make such an attempt nor the department's failure to notify a person of that prohibition is a defense to a prosecution under this section.
301.47 History
History: 2003 a. 52,
320.
301.48
301.48
Global positioning system tracking and residency requirement for certain sex offenders. 301.48(1)(a)
(a) "Exclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from entering except for purposes of traveling through it to get to another destination.
301.48(1)(b)
(b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies a person's location and timely reports or records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.
301.48(1)(c)
(c) "Inclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from leaving.
301.48(1)(d)
(d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under
sub. (2m),
sub. (6), if applicable, or
sub. (7) or
(8). "Lifetime tracking" does not include global positioning system tracking under
sub. (2) (c) or
(d), regardless of how long it is required.
301.48(1)(dm)
(dm) "Passive positioning system tracking" means tracking using a system that monitors, identifies, and records a person's location.
301.48(1)(e)
(e) "Serious child sex offense" means a violation of, or the solicitation, conspiracy, or attempt to engage in conduct in violation of, any of the following:
301.48(1)(e)1.
1. Section
948.02 (1) (b),
(c), or
(d) or
948.025 (1) (a) or
(ag).
301.48 Note
NOTE: The cites are to s. 948.02 (1) (b), (c), or (d) or s. 948.025 (1) (a) or (ag) as affected by
2005 Wis. Act 430.
301.48(1)(e)2.a.
a. The actor has sexual intercourse with a person who has not attained the age of 12 years.
301.48(1)(e)2.b.
b. The actor has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence.
301.48(1)(e)2.c.
c. The actor has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence and the actor is at least 18 years of age when the contact occurs.
301.48(1)(f)2.
2. A crime under federal law or the law of any state that is comparable to a crime described in
subd. 1.
301.48(1)(g)
(g) "Sexual intercourse" means vulvar penetration as well as cunnilingus, fellatio, or anal intercourse between persons or any intrusion of any inanimate object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.
301.48(2)(a)(a) Except as provided in
sub. (2m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007:
301.48(2)(a)1.
1. A court places the person on probation for committing a serious child sex offense.
301.48(2)(a)2.
2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a serious child sex offense.
301.48(2)(a)3.
3. The department releases the person from prison upon the completion of a sentence imposed for a serious child sex offense.
301.48(2)(a)4.
4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.
301.48(2)(a)5.
5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under
s. 971.17 (6). This subdivision does not apply if the person was on conditional release immediately before being discharged.
301.48(2)(b)
(b) The department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007:
301.48(2)(b)2.
2. A court discharges the person under
s. 980.09 or
980.10 [2003 stats.]. This subdivision does not apply if the person was on supervised release immediately before being discharged.
301.48(2)(b)3.
3. The department of health and family services places the person on parole or discharges the person under
ch. 975. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.
301.48(2)(c)
(c) The department shall have a person tracked using a global positioning system tracking device if all of the following apply:
301.48(2)(c)1.
1. The person has been convicted under federal law or the law of any other state of a crime that is comparable to a serious child sex offense or found not guilty of or not responsible for such a crime by reason of mental disease or mental defect.
301.48(2)(d)
(d) If, on or after July 1, 2007, a person is being placed on probation, extended supervision, or parole for committing a sex offense and
par. (a),
(b), or
(c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole.
301.48(2m)
(2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under
sub. (2) (a) 1.,
2., or
3. completes his or her sentence, including any probation, parole, or extended supervision, the department may decide to use passive positioning system tracking instead of maintaining lifetime tracking.
301.48(3)
(3) Functions and operation of tracking program. 301.48(3)(a)(a) Except as provided in
sub. (2m), the department shall implement a continuous global positioning tracking system to electronically monitor the whereabouts of persons who are subject to this section. The system shall do all of the following:
301.48(3)(a)1.
1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under
par. (c) or absence from an inclusion zone established under
par. (c).
301.48(3)(a)2.
2. Use land line communications equipment to transmit information regarding the location of persons who are subject to this section when they are in areas in which no commercial cellular service is available.
301.48(3)(a)3.
3. Immediately alert the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.
301.48(3)(b)
(b) The department shall contract with a vendor using a competitive process under
s. 16.75 to provide global positioning system tracking services and passive positioning system tracking services for purposes of this section.
301.48(3)(c)
(c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release. In creating inclusion zones for a person on supervised release, the department shall consider s.
980.08 (7) [
s. 980.08 (9)].
301.48 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
301.48(3)(d)
(d) If a person who is on supervised release or conditional release is being tracked, the department shall notify the department of health and family services, upon request, of any tracking information for the person under any of the following circumstances:
301.48(3)(d)1.
1. The department of corrections has been alerted under
par. (a) 3. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone.
301.48(4)(a)(a) The department shall determine all of the following for each person tracked:
