SB182: Bill Text

8. The bill specifies that a person required to register must do so within 10 days after being placed on probation, parole or other supervised release, within 10 days after being sentenced or, if he or she is being released from confinement, at least 10 days before he or she is released.

9. The bill requires DOC to provide access to information in the sex offender registry or notify certain agencies and individuals that a person has registered with DOC as a sex offender and, in some cases, that a person has updated registration information. Specifically, the bill provides for notification of the following persons in the manner described:

a) DOC must make information in the sex offender registry available to the police chief of a community and the sheriff of a county in which a registered person is residing, working or going to school. DOC must make the information available at the time the person registers and whenever the person provides updated information to DOC. In addition, a police chief and sheriff may at any time request from DOC information about a person required to register. The information that DOC must make available or provide to a police chief or sheriff includes the person's name and aliases, the person's address and place of employment, the crime the person committed and, if the person is on probation, parole or other supervision, the unit or agency that is supervising the person.

b) DOC must notify the victim of the registered person's offense or, in some cases, the family of the victim. A victim is entitled to receive notification from DOC at the time the person registers and whenever the person provides updated information to DOC. In addition to the required notices, a victim may at any time request from DOC information about the person required to register. The information that DOC must provide to a victim in a notice includes the registered person's address and a description of his or her motor vehicle. Upon request, a victim is entitled to the same information that is provided to a police chief and sheriff.

c) Upon request, DOC must provide information concerning registered persons to certain specified entities, including the departments of public instruction and health and social services, schools, county social service agencies, child welfare agencies, day care providers and other community-based organizations, such as the Boy Scouts and Girl Scouts. The entity may request information concerning a specific person or concerning all persons who are required to register and who are living, working or going to school in the entity's or organization's community, district, jurisdiction or other applicable geographical area of activity. The information that DOC must provide to an entity or community-based organization is limited to the person's name and aliases; the date and place of the person's conviction, adjudication or commitment; the make, model and license number of the person's car; and the most recent date on which the information was updated.

d) A police chief or sheriff may provide information about a specific person required to be registered to a member of the general public not otherwise entitled to notice or access if the member of the public requests the information about a specific person, if the member of the general public states his or her purpose for requesting the information and if the police chief believes that providing the information is necessary to protect the public. The information provided to the general public is limited to the person's name and aliases; the date and place of the person's conviction, adjudication or commitment; the make, model and license number of the person's car; and the most recent date on which the information was updated.

The bill provides immunity from civil liability for any act or omission relating to the release of information under the notification provisions of the bill unless the person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct. Finally, the bill also provides that if a person commits a felony using information obtained under the notification provisions of the bill the maximum term of imprisonment for the felony that he or she committed may be increased up to 5 years. If a person commits a misdemeanor using information obtained under the notification provisions of the bill, the maximum fine for the misdemeanor that he or she committed may be increased by $1,000.

Notification concerning placement or release of certain persons by an agency placing or releasing the person

Current law requires that, before releasing certain offenders or placing certain offenders in a community setting, the agency releasing or placing the offender (either DOC or the department of health and social services (DHSS)) must notify local law enforcement officials of the community in which the offender will be residing or placed and, in some cases, the victim of the offender or the victim's family. Current law requires such notification concerning certain offenders in the following cases: 1) release on parole of an offender who is in prison; 2) release of an offender who is in prison and who has reached the expiration date of his or her sentence; 3) placement of certain offenders in the community residential confinement program or the intensive sanctions program; 4) release of an offender who has been found not guilty of a crime by reason of mental disease or defect when the offender is placed on conditional release or discharged from the commitment; and 5) release of an offender who has been involuntarily committed for treatment as a sexually violent person when the offender is placed on supervised release or discharged from his or her commitment. Under this bill, DHSS must notify DOC that it is releasing an offender or placing an offender in a community setting.

The bill also requires DOC or DHSS to send a bulletin to local law enforcement officials if the agency is going to place or release into a community a person who is subject to the sex offender registration requirements and who has committed crimes covered by the bill on 2 or more occasions. The bill also authorizes, but does not require, DOC or DHSS to send a bulletin concerning a person who is subject to the sex offender registration requirements for having committed a crime covered by the bill on only one occasion, if the agency determines that sending the bulletin is necessary for public protection. The bill requires DOC or DHSS to send the bulletin to the police chief of any community and the sheriff of any county in which the person will be living, working or going to school. The bulletin must include the person's name and aliases, the person's address and place of employment, the crime the person committed and, if the person is on probation, parole or other supervision, the unit or agency that is supervising the person. In addition, the bulletin may include any other information that DOC or DHSS determines is necessary to help law enforcement officials protect the public. A police chief or sheriff who receives a bulletin from DOC or DHSS may provide any of the information in the bulletin to persons entitled to receive notices or access to information under the sex offender registration requirements if, in the opinion of the police chief or sheriff, the information in the bulletin is necessary for public protection.

Submission of biological sample by a person found to be a sexually violent person

Current law provides for a procedure for the involuntary commitment for treatment of a person who is found to be a sexually violent person. This bill requires a person who has been found to be a sexually violent person to provide a biological sample to the state crime laboratories for DNA analysis. Current law requires biological specimens for DNA analysis only from persons who are convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect for certain sex offenses.

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:

SB182, s. 1 Section 1. 48.185 (3) of the statutes is amended to read:

SB182,6,6 48.185 (3) Venue for a proceeding under s. 48.12 or 48.13 (12) based on an alleged violation of s. 175.45 301.45 (6) may be in the child's county of residence at the time that the petition is filed or, if the child does not have a county of residence in this state at the time that the petition is filed, any county in which the child has resided while subject to s. 175.45 301.45.

SB182, s. 2 Section 2. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

SB182,7,7 48.34 Disposition of child adjudged delinquent. (intro.) If the judge adjudges a child delinquent, he or she shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. Subsections (4m) and (8) are exclusive dispositions, except that either disposition may be combined with the disposition under sub. (4p), (5), (7m) or, (15) or (16) and a disposition under sub. (4m) must be combined with a disposition under sub. (4n). The dispositions under this section are:

SB182, s. 3 Section 3. 48.34 (15) (title) of the statutes is amended to read:

SB182,7,10 48.34 (15) (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182, s. 4 Section 4. 48.34 (15) (a) 1. of the statutes is amended to read:

SB182,7,20 48.34 (15) (a) 1. If the child is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the child to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the child to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the child to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the child report under s. 175.45.

SB182, s. 5 Section 5. 48.34 (15) (a) 2. of the statutes is amended to read:

SB182,8,4 48.34 (15) (a) 2. Except as provided in subd. 1., if the child is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the child to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the child report under s. 175.45.

SB182, s. 6 Section 6. 48.34 (16) of the statutes is created to read:

SB182,8,10 48.34 (16) Sex offender reporting requirements. (a) If the child is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182,8,17 (b) Except as provided in par. (a), if the child is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the child report under s. 301.45.

SB182, s. 7 Section 7. 48.396 (2) (f) of the statutes is created to read:

SB182,9,2 48.396 (2) (f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182, s. 8 Section 8. 48.78 (2) (f) of the statutes is created to read:

SB182,9,9 48.78 (2) (f) Paragraph (a) does not prohibit the department of health and social services from disclosing to the department of corrections information about an individual who has been adjudged delinquent or found not responsible by reason of mental disease or defect and who is required to register under s. 301.45. The department of corrections may disclose information that it receives under this paragraph as provided under s. 301.46.

SB182, s. 9 Section 9. 51.20 (13) (cr) of the statutes is amended to read:

SB182,9,16 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

SB182, s. 10 Section 10. 51.20 (13) (ct) of the statutes is created to read:

SB182,9,23 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the individual to comply with the reporting requirements under s. 301.45.

SB182,9,25 2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.

SB182, s. 11 Section 11. 51.30 (3) (d) of the statutes is created to read:

SB182,10,11 51.30 (3) (d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182, s. 12 Section 12. 51.30 (4) (b) 24. of the statutes is created to read:

SB182,10,16 51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining information concerning a person required to register under s. 301.45. The department of corrections may disclose information that it receives under this subdivision as provided under s. 301.46.

SB182, s. 13 Section 13. 165.76 (1) (d) of the statutes is created to read:

SB182,10,19 165.76 (1) (d) Is found to be a sexually violent person under ch. 980 on or after June 2, 1994.

SB182, s. 14 Section 14. 165.76 (2) (b) 3. of the statutes is amended to read:

SB182,10,24 165.76 (2) (b) 3. If the person has been committed to the department of health and social services under s. 51.20 or 971.17 or found to be a sexually violent person under ch. 980, he or she shall provide the specimen under par. (a) as directed by the department of health and social services.

SB182, s. 15 Section 15. 165.76 (3) of the statutes is amended to read:

SB182,11,3 165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182, s. 16 Section 16. 165.765 (1) of the statutes is amended to read:

SB182,11,7 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182, s. 17 Section 17. 165.765 (2) (a) of the statutes is amended to read:

SB182,11,13 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182, s. 18 Section 18. 165.77 (2) (b) of the statutes is amended to read:

SB182,11,16 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.

SB182, s. 19 Section 19. 165.77 (3) of the statutes is amended to read:

SB182,12,5 165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182, s. 20 Section 20. 165.8285 of the statutes is created to read:

SB182,12,11 165.8285 Transaction information for management of enforcement system; department of corrections records. (1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under s. 301.45.

SB182,12,14 (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process.

SB182,12,19 (3) The department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, for the purpose of providing access to or disseminating information from the sex offender registry under s. 301.45.

SB182, s. 21 Section 21. 175.45 (title) of the statutes is renumbered 301.45 (title).

SB182, s. 22 Section 22. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).

SB182, s. 23 Section 23. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and amended to read:

SB182,13,2 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of protection or services on or after December 25, 1993, for any violation , or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 24 Section 24. 175.45 (1) (b) of the statutes is renumbered 301.45 (1) (b) and amended to read:

SB182,13,9 301.45 (1) (b) Is in prison or a secured correctional facility or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 25 Section 25. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and amended to read:

SB182,13,16 301.45 (1) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or , 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 26 Section 26. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and amended to read:

SB182,13,23 301.45 (1) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 27 Section 27. 175.45 (1) (e) of the statutes is renumbered 301.45 (1) (e) and amended to read:

SB182,14,3 301.45 (1) (e) Is ordered by a court under s. 48.34 (15) (16), 51.20 (13) (cr) (ct), 971.17 (1m) (b) 2. or 973.047 973.048 to comply with the reporting requirements under this section.

SB182, s. 28 Section 28. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and amended to read:

SB182,14,6 301.45 (2) (title) What information must be provided, by whom and when.

SB182, s. 29 Section 29. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and amended to read:

SB182,14,13 301.45 (2) (c) A If the department of health and social services has supervision over a person subject to sub. (1), that department, with the assistance of the person, shall provide the information about his or her home address, place of school enrollment, place of employment and employment duties specified in par. (a) to the department of justice corrections in accordance with the rules under sub. (8).

SB182, s. 30 Section 30. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).

SB182, s. 31 Section 31. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a) (intro.).

SB182, s. 32 Section 32. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and amended to read:

SB182,14,21 301.45 (3) (a) 1. If the person has been placed on probation or supervision, he or she is subject to this subsection after he or she is discharged from upon being placed on probation or supervision.

SB182, s. 33 Section 33. 175.45 (3) (a) 2. of the statutes is renumbered 301.45 (3) (a) 2. and amended to read:

SB182,15,3 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she is subject to this subsection after he or she is discharged from upon being released on parole or aftercare supervision.

SB182, s. 34 Section 34. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and amended to read:

SB182,15,10 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he or she is subject to this subsection after upon being placed on conditional release under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).

SB182, s. 35 Section 35. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and amended to read:

SB182,15,14 301.45 (3) (a) 4. If subd. 1., 1m., 2. or, 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

SB182, s. 36 Section 36. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and amended to read:

SB182,15,20 301.45 (3) (b) 1. A person who is subject to par. (a) shall notify the department of justice once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement.

SB182,16,4 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of this requirement prior to the client's expected date of discharge from the need to comply with this section at the time the client is placed on probation, parole, supervision or aftercare supervision or, if the client is on probation or parole from another state under s. 304.13 or 304.135, when the client enters this state.

SB182,16,7 4. Failure to receive this notice from the department of health and social services, the department of corrections, a probation and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).