1995 Wisconsin Act 440

440,44 Section 44 . 175.45 (6) of the statutes is renumbered 301.45 (6), and 301.45 (6) (a), as renumbered, is amended to read:

301.45 (6) (a) Whoever intentionally fails to comply with any requirement to provide information under subs. (2) to (4) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection. If the department of justice corrections determines that there is probable cause to believe that a person has intentionally failed to comply with any requirement to provide information under subs. (2) to (4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

440,45 Section 45 . 175.45 (7) (title) of the statutes is renumbered 301.45 (7) (title) and amended to read:

301.45 (7) (title) Department of justice; information Information maintenance and expungement.

440,46 Section 46 . 175.45 (7) (a) of the statutes is renumbered 301.45 (7) (a) and amended to read:

301.45 (7) (a) The department of justice shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and except as needed for law enforcement purposes.

440,47 Section 47 . 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).

440,48 Section 48. 175.45 (7) (c) of the statutes is renumbered 301.45 (7) (c), and 301.45 (7) (c) (intro.), as renumbered, is amended to read:

301.45 (7) (c) (intro.) A person who has provided about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent departmental information in the registry on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:

440,49 Section 49 . 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section.

440,50 Section 50 . 175.45 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

440,51 Section 51 . 301.132 of the statutes is created to read:

301.132 Honesty testing of sex offenders. (1) In this section:

(a) “Lie detector" has the meaning given in s. 111.37 (1) (b).

(b) “Polygraph" has the meaning given in s. 111.37 (1) (c).

(c) “Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3).

(2) The department may require, as a condition of probation or parole, that a probationer or parolee who is a sex offender submit to a lie detector test when directed to do so by the department.

(3) The department shall promulgate rules establishing a lie detector test program for probationers and parolees who are sex offenders. The rules shall provide for assessment of fees upon probationers and parolees to partially offset the costs of the program.

440,52 Section 52 . 301.132 (1) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

301.132 (1) (c) “Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3) 301.45 (1).

440,53 Section 53 . 301.45 (1) (bm) of the statutes is created to read:

301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

440,54 Section 54 . 301.45 (1) (dd) of the statutes is created to read:

301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

440,55 Section 55 . 301.45 (1) (dh) of the statutes is created to read:

301.45 (1) (dh) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

440,56 Section 56 . 301.45 (1) (dp) of the statutes is created to read:

301.45 (1) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975 on or after December 25, 1993.

440,57 Section 57 . 301.45 (1) (dt) of the statutes is created to read:

301.45 (1) (dt) Is in institutional care or on conditional release under ch. 980 on or after June 2, 1994.

440,58 Section 58 . 301.45 (2) (a) of the statutes is created to read:

301.45 (2) (a) The department shall maintain a registry of all persons subject to sub. (1). The registry shall contain all of the following with respect to each person:

1. The person's name, including any aliases used by the person.

2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

3. The statute the person violated that subjects the person to the requirements of this section, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

4. Whichever of the following is applicable:

a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.

b. The date the person was or is to be released from confinement, whether on parole or otherwise, or discharged or terminated from a sentence or commitment.

c. The date the person entered the state.

d. The date the person was ordered to comply with s. 301.45.

5. The address at which the person is or will be residing.

6. The name of the agency supervising the person, if applicable, and the office or unit and telephone number of the office or unit that is responsible for the supervision of the person.

7. A description of any motor vehicle that the person owns or that is registered in the person's name. The information provided under this paragraph shall include a description of the vehicle, including make, model, license number and any other information which the department may reasonably require for proper identification of the vehicle.

8. The name and address of the place at which the person is or will be employed.

9. The name and location of any school in which the person is or will be enrolled.

10. The most recent date on which the information in the registry was updated.

440,59 Section 59 . 301.45 (2) (b) of the statutes is created to read:

301.45 (2) (b) If the department has supervision over a person subject to sub. (1), the department shall enter into the registry under this section the information specified in par. (a) concerning the person.

440,60 Section 60 . 301.45 (2) (d) of the statutes is created to read:

301.45 (2) (d) A person subject to sub. (1) who is not under the supervision of the department of corrections or the department of health and family services shall provide the information specified in par. (a) to the department of corrections in accordance with the rules under sub. (8). If the person is unable to provide an item of information specified in par. (a), the department of corrections may request assistance from a circuit court or the department of health and family services in obtaining that item of information. A circuit court and the department of health and family services shall assist the department of corrections when requested to do so under this paragraph.

440,61 Section 61 . 301.45 (2) (e) of the statutes is created to read:

301.45 (2) (e) The department of health and family services shall provide the information required under par. (c) or the person subject to sub. (1) shall provide the information required under par. (d) in accordance with whichever of the following is applicable:

1. Within 10 days after the person being placed on parole, probation, supervision, aftercare supervision, conditional release or supervised release.

2. If the person is on parole or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

3. No later than 10 days before the person is terminated or discharged from a commitment.

4. If the person is being released from prison because he or she has reached the expiration date of his or her sentence, no later than 10 days before being released from prison.

5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is sentenced or receives a disposition.

440,62 Section 62 . 301.45 (3) (a) 1m. of the statutes is created to read:

301.45 (3) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

440,63 Section 63 . 301.45 (3) (a) 2m. of the statutes is created to read:

301.45 (3) (a) 2m. If the person has been sentenced to prison and is being released from prison because he or she has reached the expiration date of his or her sentence, before being released from prison.

440,64 Section 64 . 301.45 (3) (a) 3g. of the statutes is created to read:

301.45 (3) (a) 3g. If the person has been committed for specialized treatment under ch. 975, he or she is subject to this subsection upon being released on parole under s. 975.10 or, if he or she was not released on parole, before being discharged from the commitment under s. 975.09 or 975.12.

440,65 Section 65 . 301.45 (3) (a) 3r. of the statutes is created to read:

301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2) or 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

440,66 Section 66 . 301.45 (3) (b) 1m. of the statutes is created to read:

301.45 (3) (b) 1m. A person who is subject to par. (a) because he or she is covered under sub. (1) (dt) shall notify the department once each 90 days, as directed by the department, of his or her current information specified in sub. (2) (a). Every 90 days, the department shall notify registrants subject to this subdivision of their need to comply with this requirement.

440,67 Section 67 . 301.45 (3) (b) 3. of the statutes is created to read:

301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1) of the need to comply with this section.

440,68 Section 68. 301.45 (3) (b) 3m. of the statutes is created to read:

301.45 (3) (b) 3m. After notifying a person under subd. 2. or 3. of the need to comply with this section, the person who is providing the notification shall require the person who is covered under sub. (1) to read and sign a form stating that he or she has been informed of the requirements of this section.

440,69 Section 69 . 301.45 (4m) of the statutes is created to read:

301.45 (4m) Information concerning a move to another state. In addition to the requirements under subs. (3) and (4), a person who is covered under sub. (1) and who is changing his or her residence from this state to another state shall, no later than 10 days before he or she moves out of this state, notify the department that he or she is changing his or her residence from this state and inform the department of the state to which he or she is moving his or her residence. Upon receiving notification from a person under this subsection, the department shall inform the person whether the state to which the person is moving has sex offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.

440,70 Section 70 . 301.45 (5) (a) 1m. of the statutes is created to read:

301.45 (5) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole or probation.

440,70m Section 70m. 301.45 (5) (a) 2m. of the statutes is created to read:

301.45 (5) (a) 2m. If the person has been sentenced to prison and is being released from prison because he or she has reached the expiration date of his or her sentence, 15 years after being released from prison.

440,71 Section 71 . 301.45 (5) (a) 3m. of the statutes is created to read:

301.45 (5) (a) 3m. If the person has been committed for specialized treatment under ch. 975, 15 years after discharge from the commitment under s. 975.09 or 975.12.

440,72 Section 72 . 301.45 (5) (b) of the statutes is created to read:

301.45 (5) (b) A person who is covered under sub. (1) shall continue to comply with the requirements of this section until his or her death if any of the following apply:

1. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, or for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of a law of this state or any other state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent. A conviction that has been reversed, set aside or vacated is not a conviction for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

2. The person has been found to be a sexually violent person under ch. 980.

440,73 Section 73 . 301.45 (6) (c) of the statutes is created to read:

301.45 (6) (c) Notwithstanding pars. (a) and (b), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act .... (this act) and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on the day before the effective date of this paragraph .... [revisor inserts date], shall be allowed until the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], to comply with the requirements under subs. (2) to (4).

440,74 Section 74 . 301.45 (9) of the statutes is created to read:

301.45 (9) Cooperation. The department of health and family services, the department of industry, labor and job development, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

440,75 Section 75 . 301.46 of the statutes is created to read: