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18973.048 Sex offender reporting requirements. (1) If a court imposes a
19sentence or places a person on probation for a violation, or for the solicitation,
20conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3),
21948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall
22require the person to comply with the reporting requirements under s. 301.45.
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23(2) Except as provided in sub. (1), if a court imposes a sentence or places a
24person on probation for any violation, or for the solicitation, conspiracy or attempt
25to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court
1may require the person to comply with the reporting requirements under s. 301.45
2if the court determines that the underlying conduct was sexually motivated, as
3defined in s. 980.01 (5), and that it would be in the interest of public protection to have
4the person report under s. 301.45.
SB182, s. 81
5Section
81. 980.063 of the statutes is created to read:
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6980.063 Deoxyribonucleic acid analysis requirements. (1) (a) If a person
7is found to be a sexually violent person under this chapter, the court shall require the
8person to provide a biological specimen to the state crime laboratories for
9deoxyribonucleic acid analysis.
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(b) The results from deoxyribonucleic acid analysis of a specimen under par. (a)
11may be used only as authorized under s. 165.77 (3). The state crime laboratories shall
12destroy any such specimen in accordance with s. 165.77 (3).
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13(2) The department of justice shall promulgate rules providing for procedures
14for defendants to provide specimens under sub. (1) and for the transportation of those
15specimens to the state crime laboratories for analysis under s. 165.77.
SB182, s. 82
16Section
82. 980.11 (title) of the statutes is amended to read:
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17980.11 (title)
Notice to victims concerning supervised release or
18discharge.
SB182, s. 83
19Section
83. 980.11 (2) (intro.) of the statutes is amended to read:
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980.11
(2) (intro.) If the court places a person on supervised release under s.
21980.06 or discharges a person under s. 980.09 or 980.10, the
district attorney or 22department
of justice, whichever is applicable, shall notify
whichever all of the
23following:
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24(am) Whichever of the following persons is appropriate, if he or she can be
25found, in accordance with sub. (3):
SB182, s. 84
1Section
84. 980.11 (2) (a) of the statutes is renumbered 980.11 (2) (am) 1.
SB182, s. 85
2Section
85. 980.11 (2) (b) of the statutes is renumbered 980.11 (2) (am) 2.
SB182, s. 86
3Section
86. 980.11 (2) (bm) of the statutes is created to read:
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980.11
(2) (bm) The department of corrections.
SB182, s. 87
5Section
87. 980.11 (2) (c) of the statutes is renumbered 980.11 (2) (am) 3.
SB182, s. 88
6Section
88. 980.11 (3) of the statutes is amended to read:
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980.11
(3) The notice under sub. (2) shall inform
the department of corrections
8and the person under sub. (2)
(am) of the name of the person committed under this
9chapter and the date the person is placed on supervised release or discharged. The
10department shall send the notice, postmarked at least 7 days before the date the
11person committed under this chapter is placed on supervised release or discharged,
12to
the department of corrections and to the last-known address of the person under
13sub. (2)
(am).
SB182, s. 89
14Section
89. 980.11 (4) of the statutes is amended to read:
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980.11
(4) The department shall design and prepare cards for persons specified
16in sub. (2)
(am) to send to the department. The cards shall have space for these
17persons to provide their names and addresses, the name of the person committed
18under this chapter and any other information the department determines is
19necessary. The department shall provide the cards, without charge, to the
20department of justice and district attorneys. The department of justice and district
21attorneys shall provide the cards, without charge, to persons specified in sub. (2)
22(am). These persons may send completed cards to the department of health and
23social services. All records or portions of records of the department of health and
24social services that relate to mailing addresses of these persons are not subject to
25inspection or copying under s. 19.35 (1), except as needed to comply with a
written
1request by
a district attorney or the department of
justice for assistance in locating
2persons to be notified corrections under
sub. (2) s. 301.46 (3) (d).
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4(1)
Transfer of sex offender registration responsibilities to the
5department of corrections.
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6(a)
Assets and liabilities. On the effective date of this paragraph, the assets
7and liabilities of the department of justice that are primarily related to the
8administration by the department of sex offender registration under section 175.45,
91993 stats., as determined by the secretary of administration, shall become the
10assets and liabilities of the department of corrections.
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11(b)
Tangible personal property. On the effective date of this paragraph, the
12tangible personal property, including records, of the department of justice that is
13primarily related to the administration by the department of sex offender
14registration under section 175.45, 1993 stats., as determined by the secretary of
15administration, is transferred to the department of corrections.
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16(c)
Rules. All rules promulgated by the department of justice that are
17primarily related to the administration by the department of sex offender
18registration under section 175.45, 1993 stats., and that are in effect on the effective
19date of this paragraph remain in effect until their specified expiration date or until
20amended or repealed by the department of corrections.
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21(d)
Employes. The incumbent employes in the department of justice who are
22transferred to the department of corrections under
Section 91 (2) of this act have
23all the rights and the same status under subchapter V of chapter 111 and chapter 230
24of the statutes in the department of corrections that they enjoyed in the department
25of justice immediately before transfer. Notwithstanding section 230.28 (4) of the
1statutes, no employe so transferred who has attained permanent status in class is
2required to serve a probationary period.
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4(1)
Increase in department of corrections appropriation. In the schedule
5under section 20.005 (3) of the statutes for the appropriation to the department of
6corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995,
7the dollar amount is increased by $207,400 for fiscal year 1995-96 and the dollar
8amount is increased by $320,900 for fiscal year 1996-97 to perform duties relating
9to sex offender registration and community notification concerning sex offenders.
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10(2)
Transfer of sex offender registration responsibilities from department
11of justice to department of corrections. There is transferred from the
12appropriation to the department of justice under section 20.455 (2) (a) of the statutes,
13as affected by the acts of 1995, to the appropriation to the department of corrections
14under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, $214,400
15for fiscal year 1996-97. Under this subsection, on July 1, 1996, 4.0 FTE GPR
16positions for the performance of duties relating to sex offender registration in the
17department of justice and the incumbents in those positions are transferred to the
18department of corrections.
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20(1)
Deoxyribonucleic acid analysis of sexually violent persons. The
21treatment of section 980.063 of the statutes first applies to persons who are found to
22be sexually violent persons on the effective date of this subsection.
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24(1)
This act takes effect on July 1, 1996.