Amendment SSA2-AB591

LRBs0637/1

MGD&CMH:lmk:jf

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 2005 ASSEMBLY BILL 591

March 7, 2006 - Offered by Senator Lazich.

AB591-SSA2,1,8 An Act to renumber and amend 971.17 (4) (e), 980.08 (5) and 980.105; to amend 51.42 (3) (aw) 1. d., 301.03 (19), 301.46 (5) (c) (intro.), 980.08 (6m) and 980.105 (title); and to create 16.705 (1n), 16.71 (5m), 301.03 (20), 301.46 (5) (bm), 301.48, 946.465, 948.02 (6), 948.025 (4), 971.17 (4) (e) 1g. and 1r., 971.17 (4) (e) 3., 980.08 (5) (a), 980.08 (5) (e), 980.08 (5m), 980.08 (7) and 980.105 (2m) of the statutes; relating to: global positioning system tracking and a residency requirement for certain sex offenders, changes to the sex offender registry Web site, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB591-SSA2, s. 1 Section 1. 16.705 (1n) of the statutes is created to read:

AB591-SSA2,1,12 16.705 (1n) Subsection (1) does not apply to a contract entered into by the department of corrections for global positioning system tracking services under s. 301.48 (3).

AB591-SSA2, s. 2 Section 2. 16.71 (5m) of the statutes is created to read:

AB591-SSA2,2,4 16.71 (5m) The department shall delegate authority to the department of corrections to enter into contracts for global positioning system tracking services under s. 301.48 (3).

AB591-SSA2, s. 3 Section 3. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

AB591-SSA2,2,13 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5) (b). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

AB591-SSA2, s. 4 Section 4. 301.03 (19) of the statutes is amended to read:

AB591-SSA2,2,18 301.03 (19) Work Subject to sub. (20), work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), 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).

AB591-SSA2, s. 5 Section 5. 301.03 (20) of the statutes is created to read:

AB591-SSA2,2,22 301.03 (20) (a) Except as provided in s. 304.06 (2m) (b), place, in one of the following locations, each person who has been convicted of a sex offense, as defined in s. 301.45 (1d) (b), upon his or her release to parole or extended supervision:

AB591-SSA2,2,25 1. The county in which the person resided on the date of the sex offense. If the county is a county that contains a 1st class city, the person shall be placed in the city, village, or town in which the person resided on the date of the sex offense.

AB591-SSA2,3,1 2. The county in which the person was convicted of the sex offense.

AB591-SSA2,3,2 3. A sex offender treatment facility that existed before January 1, 2006.

AB591-SSA2,3,5 (b) Paragraph (a) does not preclude the department from authorizing a person to reside in a location other than one listed in par. (a) 1. to 3. if the department initially placed the person in one of those listed locations.

AB591-SSA2, s. 6 Section 6. 301.46 (5) (bm) of the statutes is created to read:

AB591-SSA2,3,9 301.46 (5) (bm) The department shall provide on the Internet site required under sub. (5n) the following information concerning persons registered under s. 301.45:

AB591-SSA2,3,11 1. If the person is a sexually violent person, as defined in s. 980.01 (7), a notice, written in red letters, of that status.

AB591-SSA2,3,13 2. A current color photograph of the person, if available, and a physical description including sex, race, height, weight, eye color, and hair color.

AB591-SSA2,3,14 3. The person's name and home address.

AB591-SSA2,3,16 4. Whether the person has responded to the last contact letter from the department.

AB591-SSA2,3,17 5. The crime committed for which the person must register.

AB591-SSA2,3,20 6. Any conditions of the person's supervised release, except for any condition that may reveal the identity of the victim of the crime that the person committed for which he or she must register.

AB591-SSA2,3,22 7. The date, time, and place of any scheduled hearings for supervised release or discharge under ch. 980.

AB591-SSA2,3,24 8. The name and court of the judge who authorized supervised release or discharge for the person.

AB591-SSA2,3,25 9. The most recent date on which the information was updated.

AB591-SSA2, s. 7 Section 7. 301.46 (5) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 5, is amended to read:

AB591-SSA2,4,4 301.46 (5) (c) (intro.) The department may not provide any of the following under par. (a) or (bm):

AB591-SSA2, s. 8 Section 8. 301.48 of the statutes is created to read:

AB591-SSA2,4,7 301.48 Global positioning system tracking and residency requirement for certain sex offenders. (1) Definitions. In this section:

AB591-SSA2,4,10 (a) "Exclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from entering except for purposes of traveling through it to get to another destination.

AB591-SSA2,4,15 (b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies a person's location and timely reports or records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.

AB591-SSA2,4,17 (c) "Inclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from leaving.

AB591-SSA2,4,22 (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (6), if applicable, or sub. (7). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (c) or (d), regardless of how long it is required.

AB591-SSA2,4,25 (e) "Serious child sex offense" means a violation any of the following statutes and includes the solicitation, conspiracy, or attempt to engage in conduct in violation of any of the following statutes:

AB591-SSA2,5,1 1. Section 948.02 (1) or 948.025 (1) (a).

AB591-SSA2,5,3 2. Section 948.02 (2) or 948.025 (1) (b), if the court makes a finding under s. 948.02 (6) or 948.025 (4) (b).

AB591-SSA2,5,4 (f) "Sex offense" means any of the following:

AB591-SSA2,5,5 1. A sex offense, as defined in s. 301.45 (1d) (b).

AB591-SSA2,5,7 2. A crime under federal law or the law of any state that is comparable to a crime described in subd. 1.

AB591-SSA2,5,11 (2) Who is covered. (a) Unless a court exempts the person under sub. (5), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after the effective date of this paragraph .... [revisor inserts date]:

AB591-SSA2,5,13 1. A court places the person on probation for committing a serious child sex offense.

AB591-SSA2,5,15 2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a serious child sex offense.

AB591-SSA2,5,17 3. The department releases the person from prison upon the completion of a sentence imposed for a serious child sex offense.

AB591-SSA2,5,19 4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.

AB591-SSA2,5,23 5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under s. 971.17 (6). This subdivision does not apply if the person was on conditional release immediately before being discharged.

AB591-SSA2,6,3 (b) The department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after the effective date of this paragraph .... [revisor inserts date]:

AB591-SSA2,6,4 1. A court places the person on supervised release under s. 980.08 (6m).

AB591-SSA2,6,7 2. A court discharges the person under s. 980.09 or 980.10. This subdivision does not apply if the person was on supervised release immediately before being discharged.

AB591-SSA2,6,11 3. The department of health and family services places the person on parole or discharges the person under ch. 975. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.

AB591-SSA2,6,13 (c) The department shall have a person tracked using a global positioning system tracking device if all of the following apply:

AB591-SSA2,6,16 1. The person has been convicted under federal law or the law of any other state of a crime that is comparable to a serious child sex offense or found not guilty of or not responsible for such a crime by reason of mental disease or mental defect.

AB591-SSA2,6,19 2. The person resides in this state, is employed or carrying on a vocation, as defined in s. 301.45 (1d) (a), in this state, or is a student, as defined in s. 301.45 (1d) (c), in this state.

AB591-SSA2,6,24 (d) If, on or after the effective date of this paragraph .... [revisor inserts date], a person is being placed on probation, extended supervision, or parole for committing a sex offense and par. (a), (b), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole.

AB591-SSA2,7,4 (3) Functions and operation of tracking program. (a) The department shall implement a continuous global positioning tracking system to electronically monitor the whereabouts of persons who are subject to this section. The system shall do all of the following:

AB591-SSA2,7,10 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

AB591-SSA2,7,13 2. Use land line communications equipment to transmit information regarding the location of persons who are subject to this section when they are in areas in which no commercial cellular service is available.

AB591-SSA2,7,17 3. Immediately alert the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.

AB591-SSA2,7,20 (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services for purposes of this section.

AB591-SSA2,8,3 (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7).

AB591-SSA2,8,7 (d) If a person who is on supervised release or conditional release is being tracked, the department shall notify the department of health and family services, upon request, of any tracking information for the person under any of the following circumstances:

AB591-SSA2,8,10 1. The department of corrections has been alerted under par. (a) 3. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone.

AB591-SSA2,8,12 2. The person being tracked fails to make a payment to the department under sub. (4) (b).

AB591-SSA2,8,14 (4) Costs. (a) The department shall determine all of the following for each person tracked:

AB591-SSA2,8,15 1. The cost of global positioning system tracking for the person.

AB591-SSA2,8,17 2. How much of the cost under subd. 1. the person is able to pay based on the factors listed in par. (d).

AB591-SSA2,8,20 (b) If required by the department, a person who is subject to global positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2.

AB591-SSA2,8,24 (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b).

AB591-SSA2,9,2 (d) In determining how much of the costs the person is able to pay, the department may consider the following:

AB591-SSA2,9,3 1. The person's financial resources.

AB591-SSA2,9,4 2. The present and future earning ability of the person.

AB591-SSA2,9,5 3. The needs and earning ability of the person's dependents.

AB591-SSA2,9,7 4. Any other costs that the person is required to pay in conjunction with his or her supervision by the department or the department of health and family services.

AB591-SSA2,9,8 5. Any other factors that the department considers appropriate.

AB591-SSA2,9,11 (5) Exception to lifetime tracking requirement; underage sexual activity. (a) A person described in sub. (2) (a) is not subject to tracking under this section if all of the following apply: