1997 - 1998 LEGISLATURE
March 2, 1998 - Introduced by Representatives Skindrud, Hahn, Kelso, Spillner
and Schafer, cosponsored by Senator Darling. Referred to Committee on
Judiciary.
AB865,1,6
1An Act to repeal 301.45 (6) (b), 301.46 (3) (e), 301.46 (4) (b) 1., 301.46 (4) (b) 2.,
2301.46 (4) (b) 3., 301.46 (4) (b) 4. and 301.46 (5) (b);
to renumber and amend
3301.46 (4) (b) (intro.);
to amend 301.45 (6) (c), 301.45 (7) (a), 301.46 (2) (e),
4301.46 (2m) (c), 301.46 (3) (c), 301.46 (5) (a) (intro.) and 301.46 (6) (a); and
to
5create 301.46 (5m) of the statutes;
relating to: access to information
6concerning registered sex offenders.
Analysis by the Legislative Reference Bureau
Under current law, a person must register as a sex offender if he or she has been
convicted of certain sex offenses, found not guilty of certain sex offenses by reason
of mental disease or defect or adjudicated delinquent on the basis of certain sex
offenses. The department of corrections (DOC) must maintain a registry of sex
offenders that contains specified information concerning persons required to register
as a sex offender.
Generally, the information in the sex offender registry is confidential. However,
DOC or other state agencies that have custody or control of a sex offender may release
information from the registry to local law enforcement agencies and victims. DOC
or other state agencies also may, upon request, release certain information to
specified community organizations and the general public. In addition, if a local law
enforcement agency believes that it is necessary to protect the public, it may provide
to community organizations or members of the general public information that it has
received from DOC or another state agency.
This bill eliminates the general requirement that the information in the sex
offender registry be kept confidential and provides that all information, other than
information concerning juveniles who are required to register and information about
juvenile adjudications of adults who are required to register, may be released from
the registry to community organizations and the general public.
In addition, the bill requires DOC to provide access through a World Wide Web
or other Internet site or area to the information in the sex offender registry
concerning all sex offenders required to register, except for information concerning
juveniles who are required to register and information about juvenile adjudications
of adults who are required to register.
Finally, the bill requires DOC to study several issues relating to the
dissemination of information concerning sex offenders. As part of the study, DOC
must: 1) evaluate the feasibility of using methods other than those provided under
current law and the bill to disseminate information concerning sex offenders; 2)
develop ways to publicize the availability of and methods for obtaining information
concerning sex offenders; and 3) develop a method for gathering information from the
sex offender registries of other states.
For further information see the state 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:
AB865,2,115
301.45
(6) (c) Notwithstanding
pars.
par. (a)
and (b), a person who first became
6subject to subs. (2) to (4) under
1995 Wisconsin Act 440 and who was in prison or a
7secured correctional facility or a secured child caring institution, in institutional
8care, or on probation, parole, supervision, aftercare supervision, corrective sanctions
9supervision, conditional transfer or conditional release during the period beginning
10on December 25, 1993, and ending on May 30, 1997, shall be allowed until January
111, 1998, to comply with the requirements under subs. (2) to (4).
AB865,3,5
1301.45
(7) (a) The department shall maintain information provided under sub.
2(2). The department shall
keep the information confidential except allow access to
3the information maintained under this section as provided in s. 301.46
and, except
4as that the department may provide access to the information in other ways if needed
5for law enforcement purposes.
AB865,3,148
301.46
(2) (e) A police chief or sheriff may
, without waiting for a request for the
9information, provide any of the information to which he or she has access under this
10subsection, other than information specified in subs. (4) (ag) and (5) (c), to an entity
11in the police chief's community or the sheriff's county that is entitled to request
12information under sub. (4)
, to any person requesting information under sub. (5) or
13to members of the general public if, in the opinion of the police chief or sheriff,
14providing that information is necessary to protect the public.
AB865,3,2317
301.46
(2m) (c) A police chief or sheriff who receives a bulletin under this
18subsection may
, without waiting for a request for the information, provide any of the
19information in the bulletin, other than information specified in subs. (4) (ag) and (5)
20(c), to an entity in the police chief's community or the sheriff's county that is entitled
21to request information under sub. (4)
, to any person requesting information under
22sub. (5) or to members of the general public if, in the opinion of the police chief or
23sheriff, providing that information is necessary to protect the public.
AB865,4,6
1301.46
(3) (c) The notice under par. (b) shall be a written notice to the victim
2or member of the victim's family that the person required to register under s. 301.45
3and specified in the information provided under par. (d) has been registered or, if
4applicable, has provided the department with updated information under s. 301.45
5(4). The notice shall contain the information specified in sub. (2) (b)
1., 5., 6., 7. and
610. or, if applicable, the updated information.
AB865,4,1311
301.46
(4) (b) In response to a request under par. (a), the department shall,
12subject to par. (ag), provide all of the
following information
: specified in sub. (2) (b)
13concerning a person required to register under s. 301.45.
AB865,5,424
301.46
(5) (a) (intro.)
The Subject to par. (c), the department or a police chief
25or sheriff may provide the information specified in
par. sub. (2) (b) concerning a
1specific person required to register under s. 301.45 to a person who is not provided
2notice or access under subs. (2) to (4) if, in the opinion of the department or the police
3chief or sheriff, providing the information is necessary to protect the public and if the
4person requesting the information does all of the following:
AB865, s. 15
7Section
15. 301.46 (5m) of the statutes is created to read:
AB865,5,108
301.46
(5m) Internet access to information. (a) No later than the first day
9of the 7th month beginning after the effective date of this paragraph .... [revisor
10inserts date], the department shall do all of the following:
AB865,5,1411
1. Subject to par. (b), establish a computerized record of the information that
12is specified in sub. (2) (b) for all persons required to register under s. 301.45 and
13update the computerized record as necessary with information provided under s.
14301.45 (3) (b) and (4).
AB865,5,1715
2. Create and maintain a World Wide Web or other Internet site or area through
16which users of the Internet may have access to the computerized record under subd.
171.
AB865,5,1918
(b) The department may not include any of the following information on the
19computerized record under par. (a) 1.:
AB865,5,2120
1. Any information concerning a child who is required to register under s.
21301.45.
AB865,5,2322
2. If the person required to register under s. 301.45 is an adult, any information
23concerning a juvenile proceeding in which the person was involved.
AB865,6,224
(c) In addition to providing the information specified in sub. (2) (b) concerning
25persons required to register under s. 301.45, the World Wide Web or Internet site or
1area under par. (a) 2. shall display a recent picture of a person required to register
2under s. 301.45 if such a picture is available to the department.
AB865,6,43
(d) The department may not charge a fee for providing access to the World Wide
4Web or Internet site or area under par. (a) 2.
AB865,6,107
301.46
(6) (a) Except as provided in par. (b), the department or an agency with
8jurisdiction may provide notice of or access to information under subs. (2) to
(5) (5m) 9concerning a person registered under s. 301.45 only during the period under s. 301.45
10(5) for which the person is required to comply with s. 301.45.
AB865,6,1212
(1)
Study of methods of disseminating sex offender registry information.
AB865,6,1513
(a) The department of corrections shall conduct a study concerning the
14dissemination of information concerning sex offenders. The study shall do all of the
15following:
AB865,6,21
161. Evaluate the feasibility of using methods other than those provided under
17section 301.46 of the statutes to disseminate information concerning persons
18required to register as a sex offender that is maintained under section 301.45 of the
19statutes, including the feasibility of placing the information on compact disks for use
20in personal computers and distributing the compact disks to public libraries, schools
21and interested members of the general public.
AB865,6,23
222. Develop ways to publicize the availability of and methods for obtaining
23information concerning sex offenders.
AB865,6,25
243. Develop a method for gathering information from the sex offender registries
25of other states.
AB865,7,6
1(b) No later than the first day of the 13th month beginning after the effective
2date of this paragraph, the department of corrections shall submit a report
3concerning the study conducted under paragraph (a) to the legislature in the manner
4provided under section 13.172 (2) of the statutes. The report shall include the
5findings and recommendations of the study and proposals for legislation necessary
6to implement the recommendations made by the department in its report.