2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Representatives Ohnstad, Kerkman, McGuire,
Horlacher, Sinicki, Kitchens, Vruwink, Brandtjen and Tusler, cosponsored
by Senators Wanggaard, Olsen and Jacque. Referred to Committee on
1An Act to renumber
304.063 (1) (a); and to create
304.063 (1) (ab) and 304.063 2
(5) of the statutes; relating to: notice to the public upon release of a violent
Analysis by the Legislative Reference Bureau
Under current law, the Department of Corrections is required to notify the local
police and county sheriff whenever a person is released from prison and will be living,
working, or attending school in that police's or sheriff's jurisdiction. Under this bill,
if the person is serving a sentence for certain crimes against life and bodily security
or crimes against a child, DOC is required to provide certain identifying information
about the person in the notice to the local police and county sheriff and, upon request,
to certain community organizations. Under the bill, the local police chief and county
sheriff are required to release the information to the public, unless the person who
is the subject of the notice is a child.
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:
304.063 (1) (a) of the statutes is renumbered 304.063 (1) (am).
304.063 (1) (ab) of the statutes is created to read:
(ab) “Agency with jurisdiction” means the state agency with the 2
authority or duty to confine or supervise a person or release or discharge a person 3
304.063 (5) of the statutes is created to read:
Before a person who is serving a sentence for a violation of s. 6
940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, 7
or 948.085 is released on parole or extended supervision or is released from prison 8
upon the expiration of his or her sentence, the department shall notify the following:
1. The police chief of any community and the sheriff of any county in which the 10
person will be residing, employed, or attending school.
2. Any of the following entities, upon request in a form and manner specified 12
by the department:
a. A public or private elementary or secondary school or a tribal school, as 14
defined in s. 115.001 (15m).
b. A child care provider that holds a license under s. 48.65, that is certified 16
under s. 48.651, that holds a probationary license under s. 48.69, or that is 17
established or contracted for under s. 120.13 (14).
c. A child welfare agency licensed under s. 48.60.
d. A group home licensed under s. 48.625.
e. A shelter care facility licensed under s. 938.22.
f. A foster home licensed under s. 48.62.
g. A county department under s. 46.21, 46.215, 46.22, 46.23, 51.42, or 51.437.
h. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 24
i. The department of justice.
j. The department of public instruction.
k. The department of health services.
L. The department of children and families.
m. A neighborhood watch program authorized under s. 60.23 (17m) or by law.
n. An organized unit of the Boy Scouts of America, the Boys and Girls Clubs 6
of America, the Girl Scouts of the United States of America, or Camp Fire.
o. The personnel office of a sheltered workshop, as defined in s. 104.01 (6).
p. Any other community-based public or private, nonprofit organization that 9
the department determines should have access to information under this subsection 10
in the interest of protecting the public.
(b) The notice under par. (a) shall include all of the following information:
1. The person's name, including any aliases used by the person.
2. Information sufficient to identify the person, including date of birth, gender, 14
race, height, weight, and hair and eye color.
3. A photograph of the person.
4. The approximate location of the person's residence, expressed as distance 17
within a radius of a nearby intersection.
5. The name of the agency supervising the person, if applicable, and the office 19
or unit and telephone number of the office or unit that is responsible for the 20
supervision of the person.
(c) Whenever a person who is the subject of a notice under par. (a) is on parole 22
or extended supervision and changes his or her residence, employment, or 23
enrollment in a school, the agency with jurisdiction shall provide notice to the 24
individuals listed in par. (a) 1. and 2. A notice under this paragraph shall contain 25
the information specified in par. (b) 1. to 5.
(d) Except as provided under par. (e), a police chief or sheriff who receives notice 2
under this subsection shall provide the information in the notice to the public.
(e) A police chief or sheriff may not release any information concerning a child 4
who is the subject of the notice under par. (a) or (c).