LRB-2293/2
CMH:kjf:nwn
2007 - 2008 LEGISLATURE
May 15, 2007 - Introduced by Joint Legislative Council. Referred to Committee
on Corrections and Courts.
AB332,1,10
1An Act to amend 51.30 (4) (b) 16., 301.45 (3) (title) and (a) (intro.), 301.45 (3) (b)
21., 301.45 (3) (b) 1m., 301.46 (4) (title), 301.46 (5) (bm) 2. and 301.46 (5n) (a); and
3to create 301.45 (2) (a) 6m., 301.46 (1) (ag), 301.46 (1) (am), 301.46 (2r), 301.46
4(2s), 301.46 (5) (bm) 10. to 12., 301.48 (3) (e), 302.11 (4r), 302.116 (3), 304.06 (2r),
5971.17 (4f), 973.09 (8), 973.127 and 975.10 (1m) of the statutes;
relating to:
6disclosure of information regarding sexually violent persons, creating a
7definition of high-risk sex offender, child safety zones, sex offender registry
8requirements, the sex offender registry Web site, and disclosure of sex offender
9registry and global positioning system tracking information to postsecondary
10educational institutions.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local 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:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Placement of Sex Offenders. The bill does the
following:
Release of Specified Information to Law Enforcement Officer Regarding Certain ch.
980 Sexually Violent Persons (SVPs)
Under a provision in the Mental Health Act (ch. 51, stats.), treatment records of
an individual may be released without informed written consent under certain specified
circumstances. One of these circumstances, set forth in s. 51.30 (4) (b) 16., stats., permits
such a release, if authorized by the secretary of health and family services, to a law
enforcement officer, upon request, if the individual was admitted under ch. 971 (not
responsible by reason of mental disease or defect) or 975 (the sex crimes law), stats., or
transferred under other specified statutory provisions. That subdivision limits the
information that is permitted to be released to certain specified information, including
information as to the individual's whereabouts during any time period.
Individuals
committed under ch. 980 as SVPs are not included in s. 51.30 (4) (b) 16. Thus, this ch. 51
provision treats the disclosure of information related to ch. 980 patients differently from
other high-risk mental health patients (i.e., patients who are committed, in part, because
of their commission of a crime).
This bill revises s. 51.30 (4) (b) 16. to make it apply to individuals committed or
detained under ch. 971, 975, or 980 thus permitting a law enforcement officer to obtain
the information set forth in that subdivision about ch. 980 commitments, including the
individual's whereabouts during any time period. The bill also:
1. Modifies the focus of the current provision on inpatient commitments by
substituting "committed or detained" for "admitted." This change permits the
Department of Health and Family Services (DHFS) to provide this information relating
to patients on supervised release in the community.
2. Deletes the language in this provision that allows DHFS to provide this
information only "upon request" of a law enforcement officer.
Child Safety Zones
The bill requires the Department of Corrections (DOC) to prohibit a person, as a
condition of probation, parole, or extended supervision, or DHFS to prohibit a person on
conditional release or parole under ch. 975, for a violation of first- or second-degree
sexual assault or engaging in repeated acts of sexual assault of the same child, from going
to places or entering zones containing places where children congregate and where it
would be in the interest of public protection to prohibit the person from going, as
determined by DOC, during any part of the person's period of probation, parole, extended
supervision, or conditional release.
The bill also requires the court to impose such conditions during any part of the
person's sentence or during any period of probation when sentencing a person for first-
or second-degree sexual assault or engaging in repeated acts of sexual assault of the same
child.
Sex Offender Registration Requirements
Under current law, a person must register with DOC 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.
DOC may require a person registered as a sex offender to provide DOC with his or
her fingerprints, a recent photograph, and certain other information including the
address at which he or she is or will be residing, the name and address of the place at
which he or she is or will be employed, and the name and location of any school in which
he or she is or will be enrolled. If any information contained in DOC's registry of sex
offenders changes, the registrant must provide DOC with the updated information in
compliance with time limits set forth under current law.
Under the bill, a person who is required to register with DOC as a sex offender must
also provide, and update, his or her email account and the Internet address of any Web
site he or she maintains.
Under current law, in general, a person who is registered as a sex offender must
register annually with DOC, as directed by DOC. At that time, the person must provide
DOC with information such as his or her current address and the name and location of
any employer or school the person attends.
A person who is subject to lifetime sex offender registration and has been found to
be an SVP must register every 90 days, as directed by DOC.
The bill requires a person registered as a sex offender to register
every six months
and to provide DOC with the registry information in person. At the time of the
registration, DOC must photograph the person and then update the registry with the
person's most current photograph.
The bill maintains the requirement that certain persons subject to lifetime sex
offender registration register every 90 days but requires that registration be in person
at least once every six months. At the time of in-person registration, DOC must
photograph the person and then update the registry with the person's most current
photograph.
Information Provided to Director of Security of Postsecondary School
Under current law, when a person is registered as a sex offender with DOC, DOC
must make specified information immediately available to the police chief of any
community and the sheriff of any county in which the person is residing, is employed, or
is attending school. DOC must make the information available through a direct
electronic data transfer system. Also under current law, DOC is required to provide the
police chief of any community and the sheriff of any county in which the person is
residing, is employed, or is attending school with special bulletin notices relating to
certain sex offenders and may provide a special bulletin notice concerning any sex
offender.
The bill requires DOC to make this information available to the director of security
for any postsecondary educational institution in the community in which the person is
residing, is employed, or is attending school. Postsecondary educational institution is
defined as a public or private college or university, or a vocational or technical institution
or school.
However, under the bill, DOC may not provide information to the director of
security for a postsecondary educational institution that relates to a child who is
registered as a sex offender or that relates to a juvenile delinquency adjudication for a sex
offense.
The bill also requires DOC to provide a director of security for a postsecondary
educational institution with information obtained through the global positioning
tracking system for certain sex offenders, upon request of the director of security. DOC
determines the information provided and the manner in which it is provided.
Information on DOC Internet Site
Under current law, DOC is required to provide access to information concerning
registered sex offenders by creating and maintaining an Internet site and by any other
means that DOC determines is appropriate. DOC must provide the following information
on a registered sex offender on the site:
1. If the person is an SVP under ch. 980, stats., a notice, written in red letters, of
that status.
2. A current color photograph of the person, if available, and a physical description
including sex, race, height, weight, eye color, and hair color.
3. The person's name and home address.
4. Whether the person has responded to the last contact letter from DOC.
5. The crime committed for which the person must register.
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.
7. The date, time, and place of any scheduled hearings for supervised release or
discharge under ch. 980, stats.
8. The name of the judge who authorized supervised release or discharge for the
person.
9. The most recent date on which the information was updated.
The bill expands the list of required information on the DOC Internet site to include
the following about these registered persons:
1. If the person is an SVP or a registered "high-risk sex offender," the geographic
area of any current employer of the person or any business the person is operating and
the geographic area of any school the person is attending. The bill creates a definition
of "high-risk sex offender."
2. A full body photograph of the person. This is in addition to the other photograph
requirements in the bill and in current law.
3. Two or more current color photographs of the person. The photographs must be
updated at least every six months. If one or more current color photographs of the person
are impossible to obtain, one or more other photographs of the person may be used.
4. A specific description of any distinguishing marks on the person's body.
This bill also requires DOC to include links to other state agency Web sites that
provide information on the prevention and identification of sexual abuse and other sex
crimes and information on how to report suspected sexual abuse or other sex crimes.
AB332, s. 1
1Section
1. 51.30 (4) (b) 16. of the statutes is amended to read:
AB332,5,92
51.30
(4) (b) 16. If authorized by the secretary or his or her designee, to a law
3enforcement agency
upon request if the individual was
admitted committed or
1detained under ch. 971
or, 975
, or 980 or transferred under s. 51.35 (3) or 51.37.
2Information released under this subdivision is limited to the individual's name and
3other identifying information, including photographs and fingerprints, the branch
4of the court that committed the individual, the crime that the individual is charged
5with, found not guilty of by reason of mental disease or defect
, or convicted of,
6whether or not the individual is or has been authorized to leave the grounds of the
7institution and information as to the individual's whereabouts during any time
8period. In this subdivision "law enforcement agency" has the meaning provided in
9s. 165.83 (1) (b).
Note: Permits disclosure of specified information to law enforcement relating to
an SVP committed under ch. 980, stats., if authorized by the secretary of health and
family services, under ch. 51, stats., the mental health act.
AB332, s. 2
10Section
2. 301.45 (2) (a) 6m. of the statutes is created to read:
AB332,5,1211
301.45
(2) (a) 6m. The name or number of any electronic mail account used by
12the person and the Internet address of any Web site maintained by the person.
Note: Requires a registered sex offender to provide to DOC his or her email account
and the Internet address of any Web site maintained by the offender.
AB332, s. 3
13Section
3. 301.45 (3) (title) and (a) (intro.) of the statutes are amended to read:
AB332,5,1514
301.45
(3) (title)
Annual
Biannual registration and photograph
15requirements.
AB332,5,1716
(a) (intro.) A person covered under sub. (1g) is subject to the
annual biannual 17registration
and photograph requirements under par. (b) as follows:
AB332, s. 4
18Section
4. 301.45 (3) (b) 1. of the statutes is amended to read:
AB332,6,519
301.45
(3) (b) 1. Except as provided in subd. 1m.,
every 6 months a person who
20is subject to par. (a) shall
notify, in person, provide the department
once each
21calendar year, as directed by the department, of his or her current information
22specified in sub. (2) (a).
The At that time, the department shall photograph the
1person and update the registry with the person's most current photograph. Every
26 months the department shall
annually notify registrants of their need to comply
3with this requirement. If the registrant is a person under the age of 18,
every 6
4months the department may also
annually notify the registrant's parent, guardian
, 5or legal custodian of the registrant's need to comply with this requirement.
Note: Requires a person registered as a sex offender to register every six months
and to provide DOC with the registry information in person. At the time of the
registration, DOC must photograph the person and then update the registry with the
person's most current photograph.
AB332, s. 5
6Section
5. 301.45 (3) (b) 1m. of the statutes is amended to read:
AB332,6,187
301.45
(3) (b) 1m. A person who is subject to lifetime registration under sub.
8(5) (b) 2. or (5m) (b) 4. shall notify the department once each 90 days, as directed by
9the department, of his or her current information specified in sub. (2) (a).
At least
10once every 6 months, the person shall, in person, provide the department with his
11or her information, as directed by the department. At that time, the department
12shall photograph the person and update the registry with the person's most current
13photograph. Every 90 days, the department shall notify registrants subject to this
14subdivision of their need to comply with
this requirement the requirements of this
15subdivision. If the registrant subject to this subdivision is a person under the age
16of 18, the department may also notify the registrant's parent, guardian or legal
17custodian every 90 days of the registrant's need to comply with
this requirement the
18requirements of this subdivision.
Note: Maintains the requirement in current law that certain persons subject to
lifetime sex offender registration register every 90 days but requires that registration be
in person at least once every six months. At the time of in-person registration, DOC must
photograph the person and then update the registry with the person's most current
photograph.
AB332, s. 6
19Section
6
. 301.46 (1) (ag) of the statutes is created to read:
AB332,7,4
1301.46
(1) (ag) "High-risk sex offender" means a person who has been found
2to have committed a sex offense, as defined in s. 301.45 (1d) (b), or a violation of a
3federal law or the law of another state that is comparable to such a sex offense if the
4department determines that the person meets one of the following criteria:
AB332,7,85
1. He or she has been found to have committed offenses involving 2 separate
6victims and at least one offense is a serious sex offense, as defined in s. 304.06 (2m)
7(a), and at least one offense is a serious sex offense, as defined in s. 304.06 (2m) (a),
8or a serious felony, as defined in s. 939.62 (2m) (a) 2m.
AB332,7,139
2. He or she has been found to have committed a serious child sex offense, as
10defined in s. 939.62 (2m) (a) 1m., involving a victim less than 12 years of age, and the
11victim is a person with whom a relationship had been established or exploited for the
12purpose of victimization, a person of casual acquaintance with whom no substantial
13relationship existed, or a stranger.
AB332,7,1914
3. He or she has been found to have committed a serious sex offense, as defined
15in s. 304.06 (2m) (a), or a serious child sex offense, as defined in s. 939.62 (2m) (a) 1m.,
16involving a victim 12 years of age or older, and the victim is a person with whom a
17relationship had been established or exploited for the purpose of victimization, a
18person of casual acquaintance with whom no substantial relationship existed, or a
19stranger.