LRB-4351/1
CMH&MES:bjk:jf
2009 - 2010 LEGISLATURE
February 18, 2010 - Introduced by Senator Taylor, cosponsored by
Representatives Kessler, Friske, Roys, Sherman, Grigsby, A. Williams, Bies,
Vruwink, Parisi, Danou, Mursau, Nygren, A. Ott, Townsend, M. Williams,
Ballweg, Petrowski, Spanbauer, Wood, Toles and Newcomer. Referred to
Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform,
and Housing.
SB548,1,11
1An Act to repeal 301.48 (1) (a) and 301.48 (1) (c);
to renumber 980.08 (9) (a);
2to renumber and amend 301.48 (3) (c), 971.17 (3) (e) and 980.08 (9) (b);
to
3amend 301.48 (1) (b), 301.48 (3) (a) 1., 301.48 (3) (a) 3. and 301.48 (3) (d) 1.; and
4to create 66.0408, 301.133, 301.48 (3m) (title), 301.48 (3m) (a) 1., 301.48 (3m)
5(b), 301.48 (8), 302.116 (3), 304.06 (1r), 975.10 (1m) and 980.08 (9) (bm) of the
6statutes;
relating to: conditions of release to extended supervision, parole,
7conditional release, and supervised release, and conditions of probation, for sex
8offenders who committed certain crimes against children; prohibited areas for
9sex offenders who committed certain crimes against children; prohibiting a
10political subdivision from regulating the placement or residency of sex
11offenders; and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Corrections (DOC) to maintain active
lifetime global positioning system (GPS) tracking of sex offenders who have been
committed as sexually violent persons and certain sex offenders who have committed
specified sex offenses against a child. DOC must also, if necessary to protect public
safety, create for these sex offenders areas that they are prohibited from entering or
areas that they are prohibited from leaving. A person who violates such a prohibition
is subject to a $200 forfeiture.
Under this bill, if the crime that led to the GPS tracking requirement is a level
1 child sex offense or if the person is found to be a sexually violent person, DOC must
generally prohibit the person, while he or she is on parole, probation, extended
supervision, conditional release, or supervised release, from entering certain areas
including any area where persons under 16 years of age congregate, including
schools, day care centers, playgrounds, parks, and published school bus stops. If a
person violates the prohibition, his or her release is revoked and he or she is guilty
of a Class I felony. In addition, under this bill, if the crime that led to the GPS
tracking requirement is a level 1 child sex offense and if the tracked person enters
or leaves an area that DOC prohibited him or her from entering or from leaving to
protect public safety, the person's release is also revoked.
This bill also prohibits a political subdivision (a city, village, town, or county)
from enacting or enforcing an ordinance or resolution that specifically affects the
placement or residency of, or areas that may not be entered or exited by, a registered
sex offender.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB548, s. 1
1Section
1. 66.0408 of the statutes is created to read:
SB548,2,2
266.0408 Local regulation of sex offenders. (1) In this section:
SB548,2,33
(a) "Political subdivision" means a city, village, town, or county.
SB548,2,54
(b) "Sex offender" means a person who is a registered sex offender under s.
5301.45.
SB548,2,8
6(2) (a) A political subdivision may not enact an ordinance or adopt a resolution
7that specifically affects the placement or residency of, or areas that may not be
8entered or exited by, an individual based on that individual's status as a sex offender.
SB548,3,3
1(b) If a political subdivision has in effect on the effective date of this paragraph
2.... [LRB inserts date], an ordinance or resolution that is inconsistent with par. (a),
3the ordinance or resolution does not apply and may not be enforced.
SB548, s. 2
4Section
2. 301.133 of the statutes is created to read:
SB548,3,7
5301.133 Condition of probation for certain sex offenders. As a condition
6of probation, any person who is subject to a prohibition under s. 301.48 (3m) (a) 1.
7may not violate a prohibition under s. 301.48 (3m) (a) or (c).
SB548, s. 3
8Section
3. 301.48 (1) (a) of the statutes is repealed.
SB548, s. 4
9Section
4. 301.48 (1) (b) of the statutes is amended to read:
SB548,3,1510
301.48
(1) (b) "Global positioning system tracking" means tracking using a
11system that actively monitors and identifies a person's location and timely reports
12or records the person's presence near or at a crime scene
or in an exclusion zone or
13the person's departure from an inclusion zone and timely reports or records if the
14person appears to be violating a prohibition under sub. (3m) (a) or (c). "Global
15positioning system tracking" includes comparable technology.
SB548, s. 5
16Section
5. 301.48 (1) (c) of the statutes is repealed.
SB548, s. 6
17Section
6. 301.48 (3) (a) 1. of the statutes is amended to read:
SB548,3,2418
301.48
(3) (a) 1. Use field monitoring equipment that supports cellular
19communications with as large a coverage area as possible and shall automatically
20provide instantaneous information regarding the whereabouts of a person who is
21being monitored, including information regarding
the person's presence in an
22exclusion zone established under par. (c) or absence from an inclusion zone
23established under par. (c) any apparent violation of a prohibition under sub. (3m) (a)
24or (c).
SB548, s. 7
25Section
7. 301.48 (3) (a) 3. of the statutes is amended to read:
SB548,4,5
1301.48
(3) (a) 3. Immediately alert the department and the local law
2enforcement agency having jurisdiction
over the exclusion or inclusion zone if the
3person
stays in any exclusion zone for any longer period than the time needed to
4travel through the zone to get to another destination or if the person leaves any
5inclusion zone appears to be in violation of any prohibition under sub. (3m) (a) or (c).
SB548, s. 8
6Section
8. 301.48 (3) (c) of the statutes is renumbered 301.48 (3m) (a) 2. and
7amended to read:
SB548,4,188
301.48
(3m) (a) 2.
For each person who is subject to global positioning system
9tracking under this section, the department shall create individualized exclusion
10and inclusion zones for the person, if necessary to protect public safety. In creating
11exclusion zones In addition to any prohibition under subd. 1., the department shall
12prohibit any person subject to global positioning tracking under this section from
13entering any specific area if necessary to protect public safety. If the department
14creates a prohibition under this subdivision, the department shall focus on areas
15where children congregate, with perimeters of 100 to 250 feet, and on areas where
16the person has been prohibited from going as a condition of probation, extended
17supervision, parole, conditional release, supervised release, or lifetime supervision.
18In creating inclusion zones
SB548,4,23
19(c) The department shall prohibit any person who is subject to global
20positioning system tracking under this section from leaving any specific area if
21necessary to protect public safety. When creating a prohibition under this paragraph 22for a person
who is on supervised release, the department shall consider s. 980.08 (9)
23(a).
SB548, s. 9
24Section
9. 301.48 (3) (d) 1. of the statutes is amended to read:
SB548,5,3
1301.48
(3) (d) 1. The department of corrections has been alerted under par. (a)
23. that the person being tracked has
improperly stayed in an exclusion zone or
3improperly left an inclusion zone violated a prohibition under sub. (3m) (a) or (c).
SB548, s. 10
4Section
10. 301.48 (3m) (title) of the statutes is created to read:
SB548,5,55
301.48
(3m) (title)
Prohibited areas.
SB548, s. 11
6Section
11. 301.48 (3m) (a) 1. of the statutes is created to read:
SB548,5,137
301.48
(3m) (a) 1. If a person is subject to lifetime tracking under sub. (2) (b)
81. or 2. and is on supervised release or if a person is subject to lifetime tracking under
9sub. (2) (a) or (b) 3. and is on parole, probation, conditional release, or extended
10supervision for committing a level 1 child sex offense, the department shall prohibit
11that person from entering specific areas where persons under 16 years of age
12congregate, including but not limited to, schools, day care centers, playgrounds,
13parks, and published school bus stops.
SB548, s. 12
14Section
12. 301.48 (3m) (b) of the statutes is created to read:
SB548,5,1615
301.48
(3m) (b) A person does not violate the prohibition against entering an
16area under par. (a) 1. or 2. if any of the following apply:
SB548,5,1817
1. The person's voting location is within the area and the entry is during the
18hours that are designated for voting.
SB548,5,2019
2. The person is dropping off or picking up his or her relative at a child care
20facility or school.
SB548,5,2221
3. The person has entered the area for the purpose of travelling through the
22area to get to another destination.
SB548,5,2523
4. The department of corrections or the department of health services,
24whichever is supervising the person, has given prior approval for the person to enter
25the area.
SB548, s. 13
1Section
13. 301.48 (8) of the statutes is created to read:
SB548,6,32
301.48
(8) Penalty. Whoever violates a prohibition under sub. (3m) (a) 1. is
3guilty of a Class I felony.
SB548, s. 14
4Section
14. 302.116 (3) of the statutes is created to read:
SB548,6,75
302.116
(3) As a condition of parole, any person who is subject to a prohibition
6under s. 301.48 (3m) (a) 1. may not violate a prohibition under s. 301.48 (3m) (a) or
7(c).
SB548, s. 15
8Section
15. 304.06 (1r) of the statutes is created to read:
SB548,6,119
304.06
(1r) As a condition of extended supervision, any person who is subject
10to a prohibition under s. 301.48 (3m) (a) 1. may not violate a prohibition under s.
11301.48 (3m) (a) or (c).
SB548, s. 16
12Section
16. 971.17 (3) (e) of the statutes is renumbered 971.17 (3) (e) 1. and
13amended to read:
SB548,6,1914
971.17
(3) (e) 1. An order for conditional release places the person in the
15custody and control of the department of health services. A conditionally released
16person is subject to the conditions set by the court and to the rules of the department
17of health services.
As a condition of conditional release, any person who is subject
18to a prohibition under s. 301.48 (3m) (a) 1. may not violate a prohibition under s.
19301.48 (3m) (a) or (c).