2015 - 2016 LEGISLATURE
July 29, 2015 - Introduced by Representatives Kleefisch, Johnson,
Bowen, Edming, Gannon, Heaton, Horlacher, Jarchow, Kitchens, Krug,
Mursau, Quinn, Sinicki, Spiros, Weatherston and Zepnick. Referred to
Committee on Corrections.
1An Act to repeal
301.03 (20) (a) 2.; to renumber
301.48 (1) (a); to amend
(20) (a) 1., 301.03 (20) (b) and 980.08 (6m); and to create
48.652, 66.0408, 3
301.48 (1) (ad), 301.48 (1) (dv), 301.48 (8) and 980.085 of the statutes; relating
4to: imposing residence restrictions on certain sex offenders, establishing
5conditions of release from civil commitment for certain sex offenders, and
6providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill establishes residence restrictions for persons who have committed
certain sex offenses.
Under current law, when a person who has committed a sex offense (sex
offender) is released to parole or extended supervision in the community, the
Department of Corrections (DOC) may approve the person to reside only within the
county in which the person was convicted of the offense, or in which he or she was
residing at the time of the offense, or within a sex offender treatment facility.
Current law allows DOC to authorize the person to reside in a different location if
the person initially resided in one of the listed locations.
Under current law, with some exceptions, a person who commits certain sex
offenses is required to register with DOC (registered sex offender). A registered sex
offender may not establish or change his or her residence without notifying DOC and,
so long as he or she is under DOC supervision, without DOC approval. DOC
maintains the sex offender registry and makes the information contained therein
available on an Internet site and makes the information available to local law
enforcement agencies via a direct electronic data transfer system.
Under current law, a person who is released to the community after committing
certain sex offenses against children or who otherwise requires close monitoring
upon his or her release into the community (high-risk sex offender) is subject to
electronic monitoring by DOC. A high-risk sex offender may be monitored through
global positioning system tracking or passive positioning system tracking, which
may continue for the lifetime of the high-risk sex offender.
Under the bill, DOC must make every reasonable effort to authorize a sex
offender to reside within the city, town, or village in which he or she resided on the
date of the sex offense. If the person is unable to reside in the city, town, or village
in which he or she resided on the date of the sex offense, DOC may authorize the
person to reside in the county in which the person resided at the time of the sex
offense or in which the person was convicted of the sex offense.
Under the bill, DOC may authorize most sex offenders to reside in a different
location if the sex offender was initially placed in the appropriate city, town, village,
or county but may not authorize a high-risk sex offender to reside in any location
other than a sex offender treatment facility. Under the bill, a high-risk sex offender
may not reside within 1,000 feet of a school premises or within 1,000 feet of a child
care facility for as long as he or she is subject to tracking.
The bill provides exceptions from the residency restriction for a person who is
confined in a jail, prison, or other house of correction, for certain juvenile offenders,
and for a person who is living in housing under a contract with DOC.
Under the bill, a high-risk sex offender who intentionally violates a restriction
on his or her residence is guilty of a Class H felony and may be fined up to $10,000,
or sentenced to a term of imprisonment of up to six years, or both.
The bill sets forth conditions of release, established by the Department of
Health Services, for those persons who are released to the community after being
held in civil commitment for certain serious sex offenses. Finally, the bill prohibits
a city, village, town, or county from enacting or enforcing an ordinance or resolution
that affects the residence of any registered sex offender.
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:
48.652 of the statutes is created to read:
248.652 Notification to department of corrections.
The department shall 3
notify the department of corrections monthly of the address of any child care facility
that was licensed pursuant to s. 48.65 or certified pursuant to s. 48.651 during the 2
66.0408 of the statutes is created to read:
466.0408 Local regulation of sex offenders. (1)
In this section:
(a) "Political subdivision" means a city, village, town, or county.
(b) "Sex offender" means a person who is a registered sex offender under s. 7
(a) A political subdivision may not enact an ordinance or adopt a resolution 9
that affects the residence of a sex offender.
(b) If a political subdivision has in effect on the effective date of this paragraph 11
.... [LRB inserts date], an ordinance or resolution that is inconsistent with par. (a), 12
the ordinance or resolution does not apply and may not be enforced.
301.03 (20) (a) 1. of the statutes is amended to read:
(a) 1. The city, town, or village in which the person resided on the
15date of the sex offense. If, after making every reasonable effort, the department is
16unable to place the person in the city, town, or village in which the person resided on
17the date of the sex offense, the department shall place the person in the
county in 18
which the person resided on the date of the sex offense or in the county in which the
19person was convicted of the sex offense
301.03 (20) (a) 2. of the statutes is repealed.
301.03 (20) (b) of the statutes is amended to read:
(b) Paragraph (a) does not preclude the department from 23
authorizing a person to reside in a location other than one listed in par. (a) 1. to or 24
3. if the department initially placed the person in one of those listed locations. This
1paragraph does not apply to a person who is subject to a residency restriction under
2s. 301.48 (8).
301.48 (1) (a) of the statutes is renumbered 301.48 (1) (am).
301.48 (1) (ad) of the statutes is created to read:
(ad) "Child care facility" means a child care facility that is operated 6
by a person licensed under s. 48.65 or certified under s. 48.651 or that is established 7
or contracted for under s. 120.13 (14).
301.48 (1) (dv) of the statutes is created to read:
(dv) "School premises" has the meaning given in s. 948.61 (1) (c).
301.48 (8) of the statutes is created to read:
301.48 (8) Residency restrictions.
(a) Except as provided in par. (c), no person 12
who is subject to global positioning system tracking or passive positioning system 13
tracking may, during the period he or she is subject to tracking, reside within 1,000 14
feet of a school premises or within 1,000 feet of a child care facility.
(b) Paragraph (a) does not apply to any of the following:
1. A person who is confined in an adult correctional facility, a juvenile 17
correctional facility, as defined in s. 938.02 (10p), a juvenile detention facility, as 18
defined in s. 938.02 (10r), a secured residential care center for children and youth, 19
as defined in s. 938.02 (15g), a jail, or a house of correction or who is confined 20
pursuant to ch. 980.
2. A facility operating under a contract with the department to provide housing 22
3. A person whose information is not available to the public pursuant to s. 24
301.46 (5) (c).
(c) Not later than 30 days after receiving notice under s. 48.652, the department 2
shall notify a person who is subject to a residency restriction under this subsection 3
and who resides within 1,000 feet of the child care facility that is the subject of the 4
notice that he or she may not reside within 1,000 feet of the child care facility more 5
than 90 days after the date the department issues the notification.
(d) A person who intentionally violates a residency restriction under this 7
subsection is guilty of a Class H felony.
980.08 (6m) of the statutes is amended to read:
An order for supervised release places the person in the custody 10
and control of the department. The department shall arrange for control, care and 11
treatment of the person in the least restrictive manner consistent with the 12
requirements of the person and in accordance with the plan for supervised release 13
approved by the court under sub. (4) (g). A person on supervised release is subject 14
to the conditions under s. 980.085, to the conditions
set by the court,
and to the rules 15
of the department. Within 10 days of imposing a rule, the department shall file with 16
the court any additional rule of supervision not inconsistent with the rules or 17
conditions imposed by the court. If the department wants to change a rule or 18
condition of supervision imposed by the court, the department must obtain the 19
court's approval. Before a person is placed on supervised release by the court under 20
this section, the court shall so notify the municipal police department and county 21
sheriff for the municipality and county in which the person will be residing. The 22
notification requirement under this subsection does not apply if a municipal police 23
department or county sheriff submits to the court a written statement waiving the 24
right to be notified.
980.085 of the statutes is created to read:
1980.085 Conditions of supervised release. (1)
The conditions of 2
supervised release in this section are in addition to any conditions imposed by a court 3
or by the department under s. 980.08.
A person on supervised release shall do all of the following: