2001 Wisconsin Act 16

1. The person's name, including any aliases used by the person.

2. Information sufficient to identify the person, including date of birth, gender, race, height, weight, and hair and eye color.

3. The statute that the person violated, the date of conviction, adjudication, or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated, or committed.

4. The address at which the person is residing.

5. If the person is a University of Wisconsin employee, the name and address of any institution at which the person works.

6. If the person is a University of Wisconsin student, the name and address of the institution that the person attends.

7. The most recent date on which the information under s. 301.45 was updated.

(c) When an individual described in par. (b) (intro.) updates information under s. 301.45 (4), the department shall immediately provide the updated information in writing to the board of regents.

16,3352r Section 3352r. 301.46 (4) (d) of the statutes is created to read:

301.46 (4) (d) The department shall coordinate with the department of health and family services the sharing of address information of persons regarding whom notification bulletins are issued under sub. (2m) (a) or (am).

16,3352w Section 3352w. 301.46 (5) (a) (intro.) of the statutes is amended to read:

301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3), or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

16,3353m Section 3353m. 302.01 of the statutes is amended to read:

302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution".." The correctional treatment center at Waupun is named "Dodge Correctional Institution".." The penitentiary at Green Bay is named "Green Bay Correctional Institution".." The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution".." The medium security institution at Oshkosh is named "Oshkosh Correctional Institution".." The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".." The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".." The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". ." The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". ." The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution." The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". ." The resource facility at Oshkosh is named "Wisconsin Resource Center".." The institutions named in this section, the medium security correctional institutions at Redgranite and New Lisbon, the correctional institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), the correctional institution at Stanley authorized under 2001 Wisconsin Act .... (this act), section 9107 (1) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q), and state-local shared correctional facilities when established under s. 301.14, are state prisons.

16,3354g Section 3354g. 302.11 (1) of the statutes is amended to read:

302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), (4m), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

16,3354j Section 3354j. 302.11 (1g) (b) 2. of the statutes is amended to read:

302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

16,3354r Section 3354r. 302.11 (1g) (b) 3. of the statutes is created to read:

302.11 (1g) (b) 3. Refusal by the inmate to live in a residence that the parole commission has approved under s. 304.06 (2m) (ak), if applicable.

16,3357m Section 3357m. 302.11 (4m) of the statutes is amended to read:

302.11 (4m) An inmate may not be paroled under this section is subject to the restriction unless he or she agrees to live in a residence that the parole commission or the department has approved under s. 304.06 (2m) (ak), if applicable, relating to the counties to which inmates may be paroled.

16,3367g Section 3367g. 302.113 (7) of the statutes is amended to read:

302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

16,3377m Section 3377m. 302.114 (8) of the statutes is amended to read:

302.114 (8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.

16,3385g Section 3385g. 302.115 of the statutes is renumbered 302.105.

16,3385r Section 3385r. 302.116 of the statutes is created to read:

302.116 Extended supervision conditions for sex offenders. (1) In this section:

(a) "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

(b) "Sex offender" means a person serving a sentence for a serious sex offense.

(2) As a condition of extended supervision, a sex offender shall agree to live in a residence that the department has approved under sub. (3) .

(3) Subject to the requirements of subs. (4) to (6) and s. 301.03 (19), before releasing a sex offender to extended supervision, the department shall assess the appropriateness of the sex offender's prospective residence by doing at least all of the following:

(a) Considering the sex offender's access to potential victims if he or she lives there. If the victim of the serious sex offense that the sex offender committed was a child, the department, in meeting this requirement, shall contact the department of health and family services, the local county department responsible for certification of child care providers under s. 48.651, and the local school board to determine whether there are any day care providers located near the sex offender's prospective residence.

(b) Ensuring that others living in the prospective residence are aware of the sex offender's offense history.

(4) The department shall use its best efforts to select a residence under sub. (3) that is in the sex offender's county of residence.

(5) If the victim of the serious sex offense that the sex offender committed was a child who resided with the sex offender at the time of the offense, the department may not permit the sex offender to return home, unless the extended supervision officer and any person providing sex offender treatment to the sex offender determines that the sex offender's return will not jeopardize the safety of anyone residing in the home.

(6) The department may not approve a residence under sub. (3) if it is located in a county where there is a correctional institution that has a specialized sex offender treatment program, unless that county is also the sex offender's county of residence.

(7) The department shall determine a sex offender's county of residence under this section by doing all of the following:

(a) Considering residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and considering physical presence as prima facie evidence of intent to remain.

(b) Applying the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date on which the sex offender committed the serious sex offense that resulted in the sentence that the sex offender is serving.

16,3386d Section 3386d. 302.18 (7) of the statutes is amended to read:

302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all prisoners a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a secured juvenile correctional facilities or facility or a secured child caring institutions institution, but the department may transfer them that person to an adult correctional institutions institution after they attain the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n).

16,3388 Section 3388. 302.386 (3) (a) of the statutes is amended to read:

302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility, as defined in s. 938.02 (15m), who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.

16,3389f Section 3389f. 302.46 (1) (a) of the statutes is amended to read:

302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar) or , (bm), or (br) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail assessment in proportion to the suspension.

16,3389g Section 3389g. 303.01 (2) (em) of the statutes is amended to read:

303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 6 2 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

16,3389gm Section 3389gm. 303.04 of the statutes is amended to read:

303.04 Correctional farms. The board of commissioners of public lands, the department of natural resources, the department of forestry, and the department may select from the state forest reserves a quantity of land not to exceed 5,000 acres and convert the same into farms for the state prisons.

16,3389m Section 3389m. 304.01 (3) of the statutes is created to read:

304.01 (3) The parole commission shall work with the department to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 304.06 (2m) (a) 2., who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5).

16,3389p Section 3389p. 304.02 (4m) of the statutes is amended to read:

304.02 (4m) A prisoner may not be paroled under this section is subject to the restriction unless he or she agrees to live in a residence that the department has approved under s. 304.06 (2m) (ak), if applicable , relating to the counties to which prisoners may be paroled.

16,3389q Section 3389q. 304.06 (2m) (a) of the statutes is renumbered 304.06 (2m) (a) (intro.) and amended to read:

304.06 (2m) (a) (intro.) In this subsection, "serious:

1. "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 or a solicitation, conspiracy or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07.

16,3389r Section 3389r. 304.06 (2m) (a) 2. of the statutes is created to read:

304.06 (2m) (a) 2. "Sex offender" means a person serving a sentence for a serious sex offense.

16,3389s Section 3389s. 304.06 (2m) (af) of the statutes is created to read:

304.06 (2m) (af) Neither the parole commission nor the department may parole a sex offender unless he or she agrees to live in a residence that the parole commission or the department has approved under par. (ak).

16,3389t Section 3389t. 304.06 (2m) (ak) of the statutes is created to read:

304.06 (2m) (ak) Subject to the requirements of pars. (ap), (at), and (b) and ss. 301.03 (19) and 304.01 (3), before releasing a sex offender on parole, the parole commission or the department shall assess the appropriateness of the sex offender's prospective residence by doing at least all of the following:

1. Considering the sex offender's access to potential victims if he or she lives there. If the victim of the serious sex offense that the sex offender committed was a child, the parole commission or the department, in meeting this requirement, shall contact the department of health and family services, the local county department responsible for certification of child care providers under s. 48.651, and the local school board to determine whether there are any day care providers located near the sex offender's prospective residence.

2. Ensuring that others living in the prospective residence are aware of the sex offender's offense history.

16,3389u Section 3389u. 304.06 (2m) (ap) of the statutes is created to read:

304.06 (2m) (ap) The parole commission or the department shall use its best efforts to select a residence under par. (ak) that is in the sex offender's county of residence.

16,3389v Section 3389v. 304.06 (2m) (at) of the statutes is created to read:

304.06 (2m) (at) If the victim of the serious sex offense that the sex offender committed was a child who resided with the sex offender at the time of the offense, neither the parole commission nor the department may permit the sex offender to return home, unless the parole officer and any person providing sex offender treatment to the sex offender determines that the sex offender's return will not jeopardize the safety of anyone residing in the home.

16,3389w Section 3389w. 304.06 (2m) (b) of the statutes is amended to read:

304.06 (2m) (b) Except as provided in par. (c), no prisoner who is serving a sentence for a serious sex offense offender may be paroled to any county where there is a correctional institution that has a specialized sex offender treatment program.

16,3389x Section 3389x. 304.06 (2m) (c) of the statutes is amended to read:

304.06 (2m) (c) A prisoner who is serving a sentence for a serious sex offense offender may be paroled to a county where there is a correctional institution that has a specialized sex offender treatment program if that county is also the prisoner's sex offender's county of residence.

16,3389y Section 3389y. 304.06 (2m) (d) of the statutes is amended to read:

304.06 (2m) (d) The parole commission or the department shall determine a prisoner's sex offender's county of residence for the purposes of this subsection by doing all of the following:

1. The parole commission or the department shall consider Considering residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider considering physical presence as prima facie evidence of intent to remain.

2. The parole commission or the department shall apply Applying the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner on which the sex offender committed the serious sex offense that resulted in the sentence that the prisoner sex offender is serving.

16,3390b Section 3390b. 340.01 (2g) of the statutes is amended to read:

340.01 (2g) "All-terrain vehicle" means an engine-driven device which has a net weight of 650 900 pounds or less, which has a width of 48 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires. A low-pressure tire is a tire which has a minimum width of 6 inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches and which is designed to be inflated with an operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer.

16,3390m Section 3390m. 340.01 (3) (b) of the statutes is amended to read:

340.01 (3) (b) Conservation wardens' vehicles, state forest rangers' vehicles or foresters' trucks, whether publicly or privately owned.

16,3390u Section 3390u. 340.01 (4) (a) of the statutes is amended to read:

340.01 (4) (a) Type 1 is a motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a low-speed vehicle, motor bus, motorcycle, moped or motor bicycle.

16,3390v Section 3390v. 340.01 (19d) of the statutes is created to read:

340.01 (19d) "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is used to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

16,3390x Section 3390x. 340.01 (27m) of the statutes is created to read:

340.01 (27m) "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and which was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.

16,3390y Section 3390y. 341.067 of the statutes is amended to read: