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301.45
(3) (b) 1. A person who is subject to par. (a) shall notify the department
18of justice once each calendar year, as directed by the department, of his or her current
19information specified in sub. (2)
(a). The department shall annually notify
20registrants of their need to comply with this requirement.
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212. The department shall notify a person who is being released from prison
22because he or she has reached the expiration date of his or her sentence and who is
23covered under sub. (1) of the need to comply with this section. Also, probation and
24parole agents, aftercare agents and agencies providing supervision shall notify any
25client who is covered under sub. (1) of
this requirement prior to the client's expected
1date of discharge from the need to comply with this section at the time the client is
2placed on probation, parole, supervision or aftercare supervision
or, if the client is on
3probation or parole from another state under s. 304.13 or 304.135, when the client
4enters this state.
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54. Failure to receive this notice from the department
of health and social
6services, the department of corrections, a probation and parole agent, an aftercare
7agent or an agency providing supervision is not a defense to liability under sub. (6).
SB182, s. 37
8Section
37. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended
9to read:
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301.45
(4) Updated information. In addition to the requirements under sub.
11(3), whenever any of the information under sub. (2)
(a) changes, the person shall
12provide the department
of justice with the updated information within
14 10 days
13after the change occurs.
SB182, s. 38
14Section
38. 175.45 (5) of the statutes is renumbered 301.45 (5) (a), and 301.45
15(5) (a) (intro.), 2. and 4., as renumbered, are amended to read:
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301.45
(5) (a) (intro.)
A Except as provided in par. (b), a person who is covered
17under sub. (1) no longer has to comply with this section when the following applicable
18criterion is met:
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2. If the person has been sentenced to prison or placed in a secured correctional
20facility, 15 years after discharge from
prison, parole or aftercare supervision.
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4. If
par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after
22the date of conviction or disposition.
SB182, s. 39
23Section
39. 175.45 (6) of the statutes is renumbered 301.45 (6).
SB182, s. 40
24Section
40. 175.45 (7) of the statutes is renumbered 301.45 (7), and 301.45 (7)
25(title), (a) and (c) (intro.), as renumbered, are amended to read:
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1301.45
(7) (title)
Department of justice; information Information
2maintenance and expungement. (a) The department
of justice shall maintain
3information provided under sub. (2). The department shall keep the information
4confidential except as
provided in s. 301.46 and except as needed for law enforcement
5purposes.
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(c) (intro.) A person
who has provided about whom information
is maintained
7in the registry under sub. (2) may request expungement of all pertinent
8departmental information
in the registry on the grounds that his or her conviction,
9delinquency adjudication, finding of need of protection or services or commitment
10has been reversed, set aside or vacated. The department shall purge all of that
11information if the department receives all of the following:
SB182, s. 41
12Section
41. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended
13to read:
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301.45
(8) Rules. The department
of justice shall promulgate rules necessary
15to carry out its duties under this section.
SB182, s. 42
16Section
42. 175.45 (9) of the statutes is renumbered 301.45 (9) and amended
17to read:
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301.45
(9) Cooperation. The
departments of corrections and department of 19health and social services
and a circuit court shall cooperate with the department of
20justice corrections in obtaining information under this section.
SB182, s. 43
21Section
43. 301.45 (1) (bm) of the statutes is created to read:
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301.45
(1) (bm) Is in prison or a secured correctional facility or on probation,
23parole, supervision or aftercare supervision on or after December 25, 1993, for a
24violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
1of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
2(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 44
3Section
44. 301.45 (1) (dd) of the statutes is created to read:
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301.45
(1) (dd) Is in institutional care or on conditional transfer under s. 51.35
5(1) or conditional release under s. 971.17 on or after December 25, 1993, for a
6violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
7of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
8(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 45
9Section
45. 301.45 (1) (dh) of the statutes is created to read:
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301.45
(1) (dh) Is on parole or probation in this state from another state under
11s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the
12solicitation, conspiracy or attempt to commit a violation, of the law of another state
13that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
14(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 46
15Section
46. 301.45 (1) (dp) of the statutes is created to read:
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301.45
(1) (dp) Is in institutional care under, or on parole from, a commitment
17for specialized treatment under ch. 975 on or after December 25, 1993.
SB182, s. 47
18Section
47. 301.45 (1) (dt) of the statutes is created to read:
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301.45
(1) (dt) Is in institutional care or on conditional release under ch. 980
20on or after June 2, 1994.
SB182, s. 48
21Section
48. 301.45 (2) (a) of the statutes is created to read:
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301.45
(2) (a) The department shall maintain a registry of all persons subject
23to sub. (1). The registry shall contain all of the following with respect to each person:
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1. The person's name, including any aliases used by the person.
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12. Information sufficient to identify the person, including date of birth, gender,
2race, height, weight and hair and eye color.
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3. The statute the person violated that subjects the person to the requirements
4of this section, the date of conviction, adjudication or commitment, and the county
5or, if the state is not this state, the state in which the person was convicted,
6adjudicated or committed.
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4. Whichever of the following is applicable:
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a. The date the person was placed on probation, supervision, conditional
9release, conditional transfer or supervised release.
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b. The date the person was or is to be released from confinement, whether on
11parole or otherwise, or discharged or terminated from a sentence or commitment.
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c. The date the person entered the state.
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d. The date the person was ordered to comply with s. 301.45.
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5. The address at which the person is or will be residing.
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6. The name of the agency supervising the person, if applicable, and the office
16or unit and telephone number of the office or unit that is responsible for the
17supervision of the person.
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7. A description of any motor vehicle that the person owns or that is registered
19in the person's name. The information provided under this paragraph shall include
20a description of the vehicle, including make, model, license number and any other
21information which the department may reasonably require for proper identification
22of the vehicle.
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8. The name and address of the place at which the person is or will be employed.
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9. The name and location of any school in which the person is or will be enrolled.
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10. The most recent date on which the information in the registry was updated.
SB182, s. 49
1Section
49. 301.45 (2) (b) of the statutes is created to read:
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301.45
(2) (b) If the department has supervision over a person subject to sub.
3(1), the department shall enter into the registry under this section the information
4specified in par. (a) concerning the person.
SB182, s. 50
5Section
50. 301.45 (2) (d) of the statutes is created to read:
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301.45
(2) (d) A person subject to sub. (1) who is not under the supervision of
7the department of corrections or the department of health and social services shall
8provide the information specified in par. (a) to the department of corrections in
9accordance with the rules under sub. (8). If the person is unable to provide an item
10of information specified in par. (a), the department of corrections may request
11assistance from a circuit court or the department of health and social services in
12obtaining that item of information. A circuit court and the department of health and
13social services shall assist the department of corrections when requested to do so
14under this paragraph.
SB182, s. 51
15Section
51. 301.45 (2) (e) of the statutes is created to read:
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301.45
(2) (e) The department of health and social services shall provide the
17information required under par. (c) or the person subject to sub. (1) shall provide the
18information required under par. (d) in accordance with whichever of the following is
19applicable:
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1. Within 10 days after the person being placed on parole, probation,
21supervision, aftercare supervision, conditional release or supervised release.
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2. If the person is on parole or probation from another state under s. 304.13 or
23304.135, within 10 days after the person enters this state.
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3. No later than 10 days before the person is terminated or discharged from a
25commitment.
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14. If the person is being released from prison because he or she has reached the
2expiration date of his or her sentence, no later than 10 days before being released
3from prison.
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5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is
5sentenced or receives a disposition.
SB182, s. 52
6Section
52. 301.45 (3) (a) 1m. of the statutes is created to read:
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301.45
(3) (a) 1m. If the person is on parole or probation from another state
8under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this
9state.
SB182, s. 53
10Section
53. 301.45 (3) (a) 2m. of the statutes is created to read:
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301.45
(3) (a) 2m. If the person has been sentenced to prison and is being
12released from prison because he or she has reached the expiration date of his or her
13sentence, before being released from prison.
SB182, s. 54
14Section
54. 301.45 (3) (a) 3g. of the statutes is created to read:
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301.45
(3) (a) 3g. If the person has been committed for specialized treatment
16under ch. 975, he or she is subject to this subsection upon being released on parole
17under s. 975.10 or, if he or she was not released on parole, before being discharged
18from the commitment under s. 975.09 or 975.12.
SB182, s. 55
19Section
55. 301.45 (3) (a) 3r. of the statutes is created to read:
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301.45
(3) (a) 3r. If the person has been committed under ch. 980, he or she is
21subject to this subsection upon being placed on supervised release under s. 980.06
22(2) or 980.08 or, if he or she was not placed on supervised release, before being
23discharged under s. 980.09 or 980.10.
SB182, s. 56
24Section
56. 301.45 (3) (b) 3. of the statutes is created to read:
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1301.45
(3) (b) 3. The department of health and social services shall notify a
2person who is being placed on conditional release, conditional transfer or parole, or
3is being terminated or discharged from a commitment, under s. 51.20, 51.35 or
4971.17 or ch. 975 or 980 and who is covered under sub. (1) of the need to comply with
5this section.
SB182, s. 57
6Section
57. 301.45 (5) (a) 1m. of the statutes is created to read:
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301.45
(5) (a) 1m. If the person is on parole or probation from another state
8under s. 304.13 or 304.135, 15 years after discharge from that parole or probation.
SB182, s. 58
9Section
58. 301.45 (5) (a) 3m. of the statutes is created to read:
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301.45
(5) (a) 3m. If the person has been committed for specialized treatment
11under ch. 975, 15 years after discharge from the commitment under s. 975.09 or
12975.12.
SB182, s. 59
13Section
59. 301.45 (5) (b) of the statutes is created to read:
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301.45
(5) (b) A person who is covered under sub. (1) shall continue to comply
15with the requirements of this section until his or her death if any of the following
16apply:
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1. The person has, on 2 or more separate occasions, been convicted or found not
18guilty or not responsible by reason of mental disease or defect for any violation, or
19for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2),
20940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or
21948.08 or for any violation, or for the solicitation, conspiracy or attempt to commit
22any violation, of a law of this state or any other state that is comparable to a violation
23of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055,
24948.06, 948.07 or 948.08. A conviction that has been reversed, set aside or vacated
1is not a conviction for purposes of determining under this subdivision whether a
2person has been convicted on 2 or more separate occasions.
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2. The person has been found to be a sexually violent person under ch. 980.
SB182, s. 60
4Section
60. 301.45 (6) (c) of the statutes is created to read:
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301.45
(6) (c) Notwithstanding pars. (a) and (b), a person who first became
6subject to subs. (2) to (4) under 1995 Wisconsin Act .... (this act) and who was in prison
7or a secured correctional facility, in institutional care, or on probation, parole,
8supervision, aftercare supervision, corrective sanctions supervision, conditional
9transfer or conditional release during the period beginning on December 25, 1993,
10and ending on the day before the effective date of this paragraph .... [revisor inserts
11date], shall be allowed until the first day of the 7th month beginning after the
12effective date of this paragraph .... [revisor inserts date], to comply with the
13requirements under subs. (2) to (4).
SB182, s. 61
14Section
61. 301.46 of the statutes is created to read:
SB182,23,18
15301.46 Access to information concerning sex offenders. (1) Definitions. 16In this section "agency with jurisdiction" means the state agency with the authority
17or duty to confine or supervise a person or release or discharge a person from
18confinement.
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19(2) Access for law enforcement agencies. (a) When a person is registered
20with the department under s. 301.45 (2), the department shall immediately make the
21information specified in par. (b) available to the police chief of any community and
22the sheriff of any county in which the person is residing, is employed or is attending
23school. The department shall make information available under this paragraph
24through a direct electronic data transfer system.
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1(b) The department shall make all of the following information available under
2par. (a):
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1. The person's name, including any aliases used by the person.
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2. Information sufficient to identify the person, including date of birth, gender,
5race, height, weight and hair and eye color.
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3. The statute the person violated, the date of conviction, adjudication or
7commitment, and the county or, if the state is not this state, the state in which the
8person was convicted, adjudicated or committed.
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4. Whichever of the following is applicable:
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a. The date the person was placed on probation, supervision, conditional
11release, conditional transfer or supervised release.
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b. The date the person was released from confinement, whether on parole or
13otherwise, or discharged or terminated from a sentence or commitment.
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c. The date the person entered the state.
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d. The date the person was ordered to comply with s. 301.45.
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5. The address at which the person is residing.
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6. The name of the agency supervising the person, if applicable, and the office
18or unit and telephone number of the office or unit that is responsible for the
19supervision of the person.
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7. A description of any motor vehicle that the person owns or that is registered
21in the person's name, including the information provided by the person under s.
22301.45 (2) (a) 7.