AB597: Bill Text

LRB-1407/2

JEO&MGD:kmg&cmh:ch

1999 - 2000 LEGISLATURE

1999 Assembly BILL 597

November 24, 1999 - Introduced by Representatives Walker, Huber, Sykora, Balow, Kaufert, Huebsch, Gronemus, Goetsch, Plouff, Suder, Wasserman, Owens, Plale, Gundrum, Ryba, Hahn, Albers, Gunderson, Hundertmark, Kelso, Kestell, Ladwig, Musser, Olsen, Petrowski, Pettis, Porter, Stone, Urban, Vrakas, Coggs, Montgomery, Meyerhofer and F. Lasee, cosponsored by Senators Breske, Huelsman, Grobschmidt, Darling, Jauch, Rosenzweig, Farrow, Fitzgerald, A. Lasee and Robson. Referred to Committee on Corrections and the Courts.

AB597,2,10 An Act to repeal 301.45 (2) (a) 7., 301.46 (2) (b) 7., 301.46 (4) (b) 3. and 301.46 (5) (b) 2.; to renumber and amend 301.45 (1), 301.45 (4m), 301.45 (5) (a) 1m., 301.45 (6) (a), 301.46 (1), 938.185 (3) and 971.19 (9); to amend 20.410 (1) (gc), 48.396 (2) (f), 51.20 (13) (ct) 2m., 51.375 (1) (d), 71.78 (5), 301.132 (1) (c), 301.132 (2), 301.132 (3), 301.45 (1m) (a) 1., 301.45 (1m) (a) 2., 301.45 (1m) (b), 301.45 (2) (a) (intro.), 301.45 (2) (b), 301.45 (2) (c), 301.45 (2) (d), 301.45 (2) (e) (intro.), 301.45 (2) (e) 2., 301.45 (2) (e) 5., 301.45 (3) (a) (intro.), 301.45 (3) (a) 1m., 301.45 (3) (a) 4., 301.45 (3) (b) 1., 301.45 (3) (b) 1m., 301.45 (3) (b) 2., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (3) (b) 4., 301.45 (5) (title), 301.45 (5) (a) (intro.), 301.45 (5) (a) 1., 301.45 (5) (a) 2., 301.45 (5) (a) 2m., 301.45 (5) (a) 3., 301.45 (5) (a) 4., 301.45 (5) (b) (intro.), 301.45 (5) (b) 1., 301.45 (5) (b) 2., 301.45 (6) (a) 2., 301.46 (2m) (a), 301.46 (2m) (am), 301.46 (3) (c), 301.46 (6) (a), 938.34 (15m) (bm), 938.396 (2) (em), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 971.17 (1m) (b) 2m. and 973.048 (2m); and to create 51.20 (13) (ct) 4., 51.20 (13) (ct) 5., 71.78 (4) (q), 301.45 (1d), 301.45 (1g) (dj), 301.45 (1g) (dL), 301.45 (1g) (f), 301.45 (1g) (g), 301.45 (1m) (a) 1g., 301.45 (2) (a) 9m., 301.45 (2) (e) 2m., 301.45 (2) (e) 2t., 301.45 (2) (f), 301.45 (2) (g), 301.45 (3) (a) 1r., 301.45 (3) (a) 1t., 301.45 (4m) (b), 301.45 (5) (am), 301.45 (5) (b) 1m., 301.45 (5) (b) 3., 301.45 (5m), 301.45 (6) (a) 2., 301.45 (6) (d), 301.45 (6m), 301.46 (1) (b), 301.46 (2m) (b) 1m., 301.46 (5n), 938.185 (3) (b), (c) and (d), 938.34 (15m) (d), 938.34 (15m) (e), 938.345 (3), 939.615 (6) (i), 971.17 (1m) (b) 4., 971.17 (1m) (b) 5., 971.19 (9) (b), (c) and (d), 973.048 (4) and 973.048 (5) of the statutes; relating to: sex offender registration, release of information from the sex offender registry, honesty testing of sex offenders, making an appropriation and providing a penalty.

Analysis by the Legislative Reference Bureau

Sex offender registration requirements

Under current law, with certain exceptions, 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 sex offenses covered under current law include sexual assault, sexual assault of a child, incest, sexual exploitation of a child, child enticement, soliciting a child for prostitution, exposing a child to harmful material, and certain cases of false imprisonment or kidnapping of a child. Current law also requires a person to register as a sex offender if he or she has been found to be a sexually violent person or was committed under the sex crimes law before that law was repealed in 1980. Further, current law allows a court to order a person to register as a sex offender if he or she has committed certain serious felony offenses that are not sex offenses if the court finds that the offense was sexually motivated.

The sex offender registry is maintained by the department of corrections (DOC) and contains specific information about persons required to register, such as information concerning the person's offense, the person's address and the person's place of employment. A person registered as a sex offender must also periodically provide updated information to DOC if the information originally provided to the registry changes.

This bill makes various changes in the sex offender registration law, in part to comply with federal law relating to sex offender registration. The changes made by this bill include the following:

1. Offenses covered. The bill adds the following crimes to the current list of sex offenses covered by the registration requirement: possession of child pornography; child sex offender working or volunteering with children; and sexual assault of a student by a school instructional staff person.

2. Persons covered. The bill expands the coverage of the sex offender registry by requiring the following persons to register:

a. A person who has been placed on lifetime supervision by a court of this state after being convicted of a serious sex offense.

b. A juvenile who has been adjudicated delinquent in another state based on a sex offense and who is under supervision in this state under the interstate compact on the placement of juveniles.

c. A person who is registered as a sex offender in another state or with the federal bureau of investigation (FBI) and who is living in this state or is temporarily in this state while working or going to school.

d. A person who has been convicted of a sex offense or found not guilty by reason of mental disease or defect of a sex offense in another state, in federal court, in a military court or in a tribal court and who is living in this state or is temporarily in this state while working or going to school, unless the person was released from confinement or placed on supervision for the offense more than ten years before he or she enters this state.

3. Registration of certain juveniles. Under current law, if a juvenile is found to be in need of protection or services for acts that would constitute a sex offense if committed by an adult, the juvenile must register as a sex offender. This bill eliminates the mandatory registration requirement for juveniles found in need of protection or services for a sex offense and instead provides that a court may order the juvenile to register if registration would be in the interest of public protection. The bill also establishes a procedure for DOC to purge information from the sex offender registry concerning juveniles currently registered solely because they have been found to be in need of protection or services based on a sex offense.

4. Duration of registration requirements. Under current law, a person generally must continue to register as a sex offender for 15 years after the date on which he or she is discharged from his or sentence, commitment or other type of supervision. However, a person who has been convicted of a sex offense on two or more separate occasions and any person found to be a sexually violent predator must register for life.

Under this bill, when a court orders a person to register as a sex offender for a sexually motivated serious felony offense, the court may provide that the person must register for the rest of his or her life. The bill also requires a person to register for the rest of his or her life if he or she has been convicted in this state of first or second degree sexual assault, first or second degree sexual assault of a child or repeated sexual assault of a child or if the person has been convicted by another jurisdiction of any crime that is comparable to first or second degree sexual assault, first or second degree sexual assault of a child or repeated sexual assault of a child.

In addition, the bill specifies the length of the registration period for persons who are newly subject to the registration requirements (see item 2., above):

a. A person who must register as a sex offender because he or she has been placed on lifetime supervision generally must register for the rest of his or her life. However, if a court decides to terminate the lifetime supervision of the person, the court may also order that the person no longer has to register as a sex offender.

b. A juvenile who has been adjudicated delinquent in another state based on a sex offense and who is under supervision in this state under the interstate compact on the placement of juveniles must register until 15 years after being discharged from the supervision or for as long as he or she is in this state, whichever is less.

c. A person who is registered as a sex offender in another state or with the FBI and who is living in this state or is temporarily in this state while working or going to school generally must register for as long as he or she is in this state or for as long as he or she is required to register with the other state or the FBI, whichever is less. If the person is required to register with the other state or the FBI for less than ten years from the date he or she was released from confinement or placed on supervision for the sex offense, then the person must register for as long as he or she is in this state or for ten years from the date of being released or placed on supervision, whichever is less.

d. A person who has been convicted of a sex offense or found not guilty by reason of mental disease or defect of a sex offense in another state, in federal court, in a military court or in a tribal court and who is living in this state or is temporarily in this state while working or going to school must register for as long as he or she is in this state or for ten years from the date of being released or placed on supervision, whichever is less.

5. Changes in the exemption to registration. Currently, a person may ask a court to exempt him or her from the sex offender registration requirements if the following apply: a) the person is required to register based on a sexual assault of a child that he or she committed before reaching the age of 19; b) the victim was within four years of age of the offender; and c) the court determines that it is not necessary, in the interest of public protection, to require the person to register as a sex offender. This bill restricts the coverage of the exemption from the sex offender registration requirements by providing that a person is not eligible for an exemption if the sexual assault of the child involved sexual intercourse with a child under the age of 12 or sexual intercourse by the use or threat of force or violence.

6. Collection and verification of information for the registry. The bill allows DOC to require a person registered as a sex offender to verify, in a manner determined by DOC, the accuracy of any information that the person has provided to DOC for inclusion in the registry. In addition, the bill allows DOC to require the person to provide a photograph, fingerprints and other information for inclusion in the registry. The person may be ordered to appear at any place necessary to collect the photograph, fingerprints or other information, including a police station.

7. Penalty and prosecution for failing to comply with the registration requirements. Under current law, a person who intentionally fails to comply with the sex offender registration requirement may be fined not more than $10,000 or imprisoned for not more than nine months or both. This bill provides that a person who knowingly fails to comply with the requirements is subject to the current penalty for a first offense, while for a second or subsequent offense the person may be fined not more than $10,000 or imprisoned for not more than five years or both. If the criminal penalties study committee's recommendations concerning felony penalties are enacted, the penalty for a second or subsequent offense will be a fine of not more than $10,000 or imprisonment for not more than six years or both.

Also, current law requires that a prosecution against a person for failing to comply with the registration requirements must be brought in either the person's county of residence or any county in which the person resided while subject to the registration requirements. This bill provides that a person may also be prosecuted in any county in which the person went to school or worked while subject to the requirements, in the county in which the person committed a sex offense that is the basis for the registration requirement, or, if applicable, in the county in which the person was found to be a sexually violent predator.

Release of information from the sex offender registry

Under current law, the information in the sex offender registry is generally confidential. However, when a person first registers as a sex offender or when a registered sex offender updates information in the registry, DOC must make the information available to local law enforcement agencies. A local law enforcement agency may in turn release information from the registry that it has received (other than information concerning children who are required to register and information concerning juvenile adjudications for sex offenses) if the local law enforcement agency believes that release of the information is necessary to protect to the public. In addition, DOC and other state agencies may release certain information to specified community organizations and to members of the general public if an organization or a member of the general public requests the information.

This bill requires DOC to establish an Internet site containing information from the sex offender registry. The Internet site must be organized in a manner that allows a person to get the information that DOC is currently authorized or required to provide to the person. In addition, the site may provide access to any other information that DOC determines is necessary to release for protection of the public. DOC is also required to keep the site secure against unauthorized alteration.

Lie detector tests of sex offenders

Under current law, if a person who is registered as a sex offender is on probation, parole or extended supervision, DOC may require, as a condition of the person's probation, parole or extended supervision, that the person submit to a lie detector test when directed to do so by DOC. This bill allows DOC to require a person to submit to a lie detector test while the person is in a correctional institution as a part of the person's correctional programming or the person's care or treatment, if the person will be required to register as a sex offender upon his or her release from the institution.

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:

AB597, s. 1 Section 1. 20.410 (1) (gc) of the statutes is amended to read:

AB597,6,6 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, extended supervision and parole clients sex offenders who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers, extended supervision and parolees sex offenders under s. 301.132.

AB597, s. 2 Section 2. 48.396 (2) (f) of the statutes is amended to read:

AB597,6,14 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 found in need of protection or services for an offense specified in s. 301.45 (1) (1g) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

AB597, s. 3 Section 3. 51.20 (13) (ct) 2m. of the statutes is amended to read:

AB597,6,25 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the individual, that the individual is not required to comply under s. 301.45 (1m).

AB597, s. 4 Section 4. 51.20 (13) (ct) 4. of the statutes is created to read:

AB597,7,4 51.20 (13) (ct) 4. If the court orders a subject individual to comply with the reporting requirements under s. 301.45, the court may order the subject individual to continue to comply with the reporting requirements until his or her death.

AB597, s. 5 Section 5. 51.20 (13) (ct) 5. of the statutes is created to read:

AB597,7,12 51.20 (13) (ct) 5. If the court orders a subject individual to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding under s. 938.30 (5) (c) (intro.) on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

AB597, s. 6 Section 6. 51.375 (1) (d) of the statutes is amended to read:

AB597,7,15 51.375 (1) (d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 301.45 (1) (1g).

AB597, s. 7 Section 7. 71.78 (4) (q) of the statutes is created to read:

AB597,7,19 71.78 (4) (q) Employes of the department of corrections involved in the administration of the sex offender registry under s. 301.45, for the purpose of verifying information provided by a person required to register as a sex offender.

AB597, s. 8 Section 8. 71.78 (5) of the statutes is amended to read:

AB597,7,25 71.78 (5) Agreement with department. Copies of returns and claims specified in sub. (1) and related schedules, exhibits, writings or audit reports shall not be furnished to the persons listed under sub. (4), except persons under sub. (4) (e), (k), (n) and, (o) and (q) or under an agreement between the department of revenue and another agency of government.

AB597, s. 9 Section 9. 301.132 (1) (c) of the statutes is amended to read:

AB597,8,3 301.132 (1) (c) "Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 301.45 (1) (1g).

AB597, s. 10 Section 10. 301.132 (2) of the statutes is amended to read:

AB597,8,13 301.132 (2) The department may require, as a condition of probation, parole or extended supervision, that a probationer, parolee or person on extended supervision who is a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender's correctional programming or care and treatment, as a condition of a sex offender's probation, parole or extended supervision, or both as part of a sex offender's correctional programming or care and treatment and as a condition of the sex offender's probation, parole or extended supervision.

AB597, s. 11 Section 11. 301.132 (3) of the statutes is amended to read:

AB597,8,19 301.132 (3) The department shall promulgate rules establishing a lie detector test program for probationers, parolees and persons on extended supervision who are sex offenders. The rules shall provide for assessment of fees upon probationers, parolees and persons on extended supervision sex offenders to partially offset the costs of the program.

AB597, s. 12 Section 12. 301.45 (1) of the statutes is renumbered 301.45 (1g), and 301.45 (1g) (intro.), (a), (b), (bm), (c), (d), (dd), (dh) and (e), as renumbered, are amended to read:

AB597,8,25 301.45 (1g) (intro.) Except as provided in sub. (1m), a person shall comply with the reporting requirements under this section if he or she meets any one or more of the following criteria:

AB597,9,6 (a) Is convicted, or 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), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,9,14 (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision 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), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,9,22 (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,9,25 (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), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,10,9 (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), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,10,16 (dd) 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 a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.

AB597,10,23 (dh) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent sex offense.

AB597,11,3 (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m) to comply with the reporting requirements under this section.

AB597, s. 13 Section 13. 301.45 (1d) of the statutes is created to read:

AB597,11,5 301.45 (1d) Definitions. In this section:

AB597,11,10 (a) "Employed or carrying on a vocation" means employment or vocational activity that is full-time or part-time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.

AB597,11,12 (am) "Found to have committed a sex offense by another jurisdiction" means any of the following: