SB182-SSA1,11,1916
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
17correctional facility or a secured child caring institution, he or she is subject to this
18subsection
after he or she is discharged from upon being released on parole or
19aftercare supervision.
SB182-SSA1, s. 36
20Section
36. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and
21amended to read:
SB182-SSA1,12,222
301.45
(3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he
23or she is subject to this subsection
after upon being placed on conditional release
24under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not
1placed on conditional release or on a conditional transfer, before he or she is
2terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).
SB182-SSA1, s. 37
3Section
37. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and
4amended to read:
SB182-SSA1,12,65
301.45
(3) (a) 4. If subd. 1.,
1m., 2.
or, 2m., 3.
, 3g. or 3r. does not apply, the person
6is subject to this subsection after he or she is sentenced or receives a disposition.
SB182-SSA1,12,168
175.45
(3) (b) A person who is subject to par. (a) shall notify the department of
9justice corrections once each calendar year, as directed by the department, of his or
10her current information specified in sub. (2). The department shall annually notify
11registrants of their need to comply with this requirement. Also, probation and parole
12agents, aftercare agents and agencies providing supervision shall notify any client
13who is covered under sub. (1) of this requirement prior to the client's expected date
14of discharge from probation, parole, supervision or aftercare supervision. Failure to
15receive this notice from the department, a probation and parole agent, an aftercare
16agent or an agency providing supervision is not a defense to liability under sub. (6).
SB182-SSA1, s. 39
17Section
39. 175.45 (3) (b) of the statutes, as affected by 1995 Wisconsin Act ....
18(this act), is renumbered 301.45 (3) (b) 1. and amended to read:
SB182-SSA1,12,2319
301.45
(3) (b) 1.
A Except as provided in subd. 1m., a person who is subject
20to par. (a) shall notify the department
of corrections once each calendar year, as
21directed by the department, of his or her current information specified in sub. (2)
(a).
22The department shall annually notify registrants of their need to comply with this
23requirement.
SB182-SSA1,13,7
242. The department shall notify a person who is being released from prison
25because he or she has reached the expiration date of his or her sentence and who is
1covered under sub. (1) of the need to comply with this section. Also, probation and
2parole agents, aftercare agents and agencies providing supervision shall notify any
3client who is covered under sub. (1) of
this requirement prior to the client's expected
4date of discharge from the need to comply with this section at the time the client is
5placed on probation, parole, supervision or aftercare supervision
or, if the client is on
6probation or parole from another state under s. 304.13 or 304.135, when the client
7enters this state.
SB182-SSA1,13,11
84. Failure to receive
this notice
under this paragraph from the department
of
9health and social services, the department of corrections, a probation and parole
10agent, an aftercare agent or an agency providing supervision is not a defense to
11liability under sub. (6).
SB182-SSA1,13,1613
175.45
(4) Updated information. In addition to the requirements under sub.
14(3), whenever any of the information under sub. (2) changes, the person shall provide
15the department of
justice corrections with the updated information within
14 10 days
16after the change occurs.
SB182-SSA1, s. 41
17Section
41. 175.45 (4) of the statutes, as affected by 1995 Wisconsin Act ....
18(this act), is renumbered 301.45 (4) and amended to read:
SB182-SSA1,13,2219
301.45
(4) Updated information. In addition to the requirements under sub.
20(3), whenever any of the information under sub. (2)
(a) changes, the person shall
21provide the department
of corrections with the updated information within 10 days
22after the change occurs.
SB182-SSA1, s. 42
23Section
42. 175.45 (5) of the statutes, as affected by
1995 Wisconsin Act 77, is
24renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are
25amended to read:
SB182-SSA1,14,3
1301.45
(5) (a) (intro.)
A
Except as provided in par. (b), a person who is covered
2under sub. (1) no longer has to comply with this section when the following applicable
3criterion is met:
SB182-SSA1,14,64
2. If the person has been sentenced to prison or placed in a secured correctional
5facility or a secured child caring institution, 15 years after discharge from
prison, 6parole or aftercare supervision.
SB182-SSA1,14,87
4. If
par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after
8the date of conviction or disposition.
SB182-SSA1, s. 43
9Section
43. 175.45 (6) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 301.45 (6).
SB182-SSA1,14,2112
175.45
(6) (a) Whoever intentionally fails to comply with any requirement to
13provide information under subs. (2) to (4) may be fined not more than $10,000 or
14imprisoned for not more than 9 months or both. Subject to s. 971.19 (9), a district
15attorney or, upon the request of a district attorney, the department of justice may
16prosecute a violation of this subsection. If the department of
justice corrections 17determines that there is probable cause to believe that a person has intentionally
18failed to comply with any requirement to provide information under subs. (2) to (4),
19the department shall forward a certified copy of all pertinent departmental
20information to the applicable district attorney. The department shall certify the copy
21in accordance with s. 889.08.
SB182-SSA1, s. 45
22Section
45. 175.45 (7) (title) of the statutes is amended to read:
SB182-SSA1,14,2423
175.45
(7) (title)
Department of justice; information Information
24maintenance and expungement.
SB182-SSA1, s. 46
1Section
46. 175.45 (7) (title) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is renumbered 301.45 (7) (title).
SB182-SSA1,15,64
175.45
(7) (a) The department of
justice corrections shall maintain information
5provided under sub. (2). The department shall keep the information confidential
6except as needed for law enforcement purposes.
SB182-SSA1, s. 48
7Section
48. 175.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act ....
8(this act), is renumbered 301.45 (7) (a) and amended to read:
SB182-SSA1,15,119
301.45
(7) (a) The department
of corrections shall maintain information
10provided under sub. (2). The department shall keep the information confidential
11except as
provided in s. 301.46 and except as needed for law enforcement purposes.
SB182-SSA1, s. 49
12Section
49. 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).
SB182-SSA1, s. 50
13Section
50. 175.45 (7) (c) of the statutes is renumbered 301.45 (7) (c), and
14301.45 (7) (c) (intro.), as renumbered, is amended to read:
SB182-SSA1,15,2015
301.45
(7) (c) (intro.) A person
who has provided about whom information
is
16maintained in the registry under sub. (2) may request expungement of all pertinent
17departmental information
in the registry on the grounds that his or her conviction,
18delinquency adjudication, finding of need of protection or services or commitment
19has been reversed, set aside or vacated. The department shall purge all of that
20information if the department receives all of the following:
SB182-SSA1,15,2322
175.45
(8) Rules. The department of
justice corrections shall promulgate rules
23necessary to carry out its duties under this section.
SB182-SSA1, s. 52
24Section
52. 175.45 (8) of the statutes, as affected by 1995 Wisconsin Act ....
25(this act), is renumbered 301.45 (8) and amended to read:
SB182-SSA1,16,2
1301.45
(8) Rules. The department
of corrections shall promulgate rules
2necessary to carry out its duties under this section.
SB182-SSA1,16,64
175.45
(9) Cooperation. The
departments of corrections and department of 5health and social services shall cooperate with the department of
justice corrections 6in obtaining information under this section.
SB182-SSA1, s. 54
7Section
54. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Acts 27
8and .... (this act), is repealed.
SB182-SSA1,16,10
10301.132 Honesty testing of sex offenders. (1) In this section:
SB182-SSA1,16,1111
(a) "Lie detector" has the meaning given in s. 111.37 (1) (b).
SB182-SSA1,16,1212
(b) "Polygraph" has the meaning given in s. 111.37 (1) (c).
SB182-SSA1,16,1513
(c) "Sex offender" means a person in the custody of the department who meets
14any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
15to register under s. 175.45 (3).
SB182-SSA1,16,18
16(2) The department may require, as a condition of probation or parole, that a
17probationer or parolee who is a sex offender submit to a lie detector test when
18directed to do so by the department.
SB182-SSA1,16,22
19(3) The department shall promulgate rules establishing a lie detector test
20program for probationers and parolees who are sex offenders. The rules shall provide
21for assessment of fees upon probationers and parolees to partially offset the costs of
22the program.
SB182-SSA1, s. 56
23Section
56. 301.132 (1) (c) of the statutes, as created by 1995 Wisconsin Act
24.... (this act), is amended to read:
SB182-SSA1,17,3
1301.132
(1) (c) "Sex offender" means a person in the custody of the department
2who meets any of the criteria specified in s.
175.45 (1), regardless of whether he or
3she is required to register under s. 175.45 (3) 301.45 (1).
SB182-SSA1,17,115
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
6938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
7on probation, parole, supervision or aftercare supervision on or after December 25,
81993, for a violation, or for the solicitation, conspiracy or attempt to commit a
9violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or
10(3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or
11948.11.
SB182-SSA1,17,1713
301.45
(1) (dd) Is in institutional care or on conditional transfer under s. 51.35
14(1) or conditional release under s. 971.17 on or after December 25, 1993, for a
15violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
16of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
17(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA1,17,2319
301.45
(1) (dh) Is on parole or probation in this state from another state under
20s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the
21solicitation, conspiracy or attempt to commit a violation, of the law of another state
22that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
23(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA1,18,2
1301.45
(1) (dp) Is in institutional care under, or on parole from, a commitment
2for specialized treatment under ch. 975 on or after December 25, 1993.
SB182-SSA1,18,54
301.45
(1) (dt) Is in institutional care or on conditional release under ch. 980
5on or after June 2, 1994.
SB182-SSA1,18,87
301.45
(2) (a) The department shall maintain a registry of all persons subject
8to sub. (1). The registry shall contain all of the following with respect to each person:
SB182-SSA1,18,99
1. The person's name, including any aliases used by the person.
SB182-SSA1,18,1110
2. Information sufficient to identify the person, including date of birth, gender,
11race, height, weight and hair and eye color.
SB182-SSA1,18,1512
3. The statute the person violated that subjects the person to the requirements
13of this section, the date of conviction, adjudication or commitment, and the county
14or, if the state is not this state, the state in which the person was convicted,
15adjudicated or committed.
SB182-SSA1,18,1616
4. Whichever of the following is applicable:
SB182-SSA1,18,1817
a. The date the person was placed on probation, supervision, conditional
18release, conditional transfer or supervised release.
SB182-SSA1,18,2019
b. The date the person was or is to be released from confinement, whether on
20parole or otherwise, or discharged or terminated from a sentence or commitment.
SB182-SSA1,18,2121
c. The date the person entered the state.
SB182-SSA1,18,2222
d. The date the person was ordered to comply with s. 301.45.
SB182-SSA1,18,2323
5. The address at which the person is or will be residing.
SB182-SSA1,19,3
16. The name of the agency supervising the person, if applicable, and the office
2or unit and telephone number of the office or unit that is responsible for the
3supervision of the person.
SB182-SSA1,19,84
7. A description of any motor vehicle that the person owns or that is registered
5in the person's name. The information provided under this paragraph shall include
6a description of the vehicle, including make, model, license number and any other
7information which the department may reasonably require for proper identification
8of the vehicle.
SB182-SSA1,19,99
8. The name and address of the place at which the person is or will be employed.
SB182-SSA1,19,1010
9. The name and location of any school in which the person is or will be enrolled.
SB182-SSA1,19,1111
10. The most recent date on which the information in the registry was updated.
SB182-SSA1,19,1513
301.45
(2) (b) If the department has supervision over a person subject to sub.
14(1), the department shall enter into the registry under this section the information
15specified in par. (a) concerning the person.
SB182-SSA1,19,2517
301.45
(2) (d) A person subject to sub. (1) who is not under the supervision of
18the department of corrections or the department of health and social services shall
19provide the information specified in par. (a) to the department of corrections in
20accordance with the rules under sub. (8). If the person is unable to provide an item
21of information specified in par. (a), the department of corrections may request
22assistance from a circuit court or the department of health and social services in
23obtaining that item of information. A circuit court and the department of health and
24social services shall assist the department of corrections when requested to do so
25under this paragraph.
SB182-SSA1,20,52
301.45
(2) (e) The department of health and social services shall provide the
3information required under par. (c) or the person subject to sub. (1) shall provide the
4information required under par. (d) in accordance with whichever of the following is
5applicable:
SB182-SSA1,20,76
1. Within 10 days after the person being placed on parole, probation,
7supervision, aftercare supervision, conditional release or supervised release.
SB182-SSA1,20,98
2. If the person is on parole or probation from another state under s. 304.13 or
9304.135, within 10 days after the person enters this state.
SB182-SSA1,20,1110
3. No later than 10 days before the person is terminated or discharged from a
11commitment.
SB182-SSA1,20,1412
4. If the person is being released from prison because he or she has reached the
13expiration date of his or her sentence, no later than 10 days before being released
14from prison.
SB182-SSA1,20,1615
5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is
16sentenced or receives a disposition.
SB182-SSA1, s. 66
17Section
66. 301.45 (3) (a) 1m. of the statutes is created to read:
SB182-SSA1,20,2018
301.45
(3) (a) 1m. If the person is on parole or probation from another state
19under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this
20state.
SB182-SSA1, s. 67
21Section
67. 301.45 (3) (a) 2m. of the statutes is created to read:
SB182-SSA1,20,2422
301.45
(3) (a) 2m. If the person has been sentenced to prison and is being
23released from prison because he or she has reached the expiration date of his or her
24sentence, before being released from prison.