938.396 (2) (em) Upon request of the department to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.
440,83
Section 83
. 939.646 of the statutes is created to read:
939.646 Penalty; crimes committed using information obtained from the sex offender registry. If a person commits a crime using information that was disclosed to him or her under s. 301.46, the penalties may be increased as follows:
(1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 6 months. This subsection does not change the status of the crime from a misdemeanor to a felony.
(2) In case of a felony, the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
440,84
Section 84
. 942.06 (1) of the statutes is amended to read:
942.06 (1) No Except as provided in sub. (2m), no person may require or administer a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty without the prior written and informed consent of the subject.
440,85
Section 85
. 942.06 (2) of the statutes is amended to read:
942.06 (2) No Except as provided in sub. (2q), no person may disclose that another person has taken a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty and no person may disclose the results of such a test to any person except the person tested, without the prior written and informed consent of the subject.
440,86
Section 86
. 942.06 (2m) and (2q) of the statutes are created to read:
942.06 (2m) Subsection (1) does not apply to any of the following:
(a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer or parolee under the rules promulgated under s. 301.132.
(b) An employe or agent of the department of health and family services who conducts a lie detector test of a person under the rules promulgated under s. 51.375.
(2q) Subsection (2) does not apply to any of the following:
(a) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or parolee has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:
1. Another employe or agent of the department of corrections.
2. Another agency or person, if the information disclosed will be used for purposes related to correctional programming or care and treatment.
(b) An employe or agent of the department of health and family who discloses, to any of the following, the fact that a person has had a lie detector test under the rules promulgated under s. 51.375 or the results of such a lie detector test:
1. Another employe or agent of the department of health and family services.
2. Another agency or person, if the information disclosed will be used for purposes related to programming or care and treatment for the person.
440,87
Section
87. 950.045 of the statutes, as affected by 1995 Wisconsin Act 74, is amended to read:
950.045 Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and social services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by district attorneys or the department of justice under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10.
440,88
Section 88
. 950.045 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
950.045 Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46.
440,89
Section 89
. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and amended to read:
971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting requirements of s. 175.45.
440,90
Section 90
. 971.17 (1m) (b) of the statutes is created to read:
971.17 (1m) (b) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit 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 of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45.
2. Except as provided in subd. 1., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.
440,91
Section 91
. 971.17 (4m) (title) of the statutes is amended to read:
971.17 (4m) (title) Notice to victims about conditional release.
440,92
Section 92
. 971.17 (4m) (b) of the statutes is renumbered 971.17 (4m) (b) (intro.) and amended to read:
971.17 (4m) (b) (intro.) If the court conditionally releases a defendant under this section, the district attorney shall notify all of the following person, if he or she can be found, in accordance with par. (c): the
1. The victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
440,93
Section 93
. 971.17 (4m) (b) 2. of the statutes is created to read:
971.17 (4m) (b) 2. The department of corrections.
440,94
Section 94
. 971.17 (4m) (c) of the statutes is amended to read:
971.17 (4m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and conditional release date. The district attorney shall send the notice, postmarked no later than 7 days after the court orders the conditional release under this section, to the department of corrections and to the last-known address of the person under par. (b) 1.
440,95
Section 95
. 971.17 (4m) (d) of the statutes is amended to read:
971.17 (4m) (d) Upon request, the department of health and social services shall assist district attorneys in obtaining information regarding persons specified in par. (b) 1.
440,96
Section 96
. 971.17 (6m) (title) of the statutes is amended to read:
971.17 (6m) (title) Notice to victims about termination or discharge.
440,97
Section 97
. 971.17 (6m) (b) of the statutes is renumbered 971.17 (6m) (b) (intro.) and amended to read:
971.17 (6m) (b) (intro.) If the court orders that the defendant's commitment is terminated under sub. (5) or that the defendant be discharged under sub. (6), the department of health and social services shall notify the
all of the following:
1. If the person has submitted a card under par. (d) requesting notification, the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under par. (d) requesting notification.
440,98
Section 98
. 971.17 (6m) (b) 2. of the statutes is created to read:
971.17 (6m) (b) 2. The department of corrections.
440,99
Section 99
. 971.17 (6m) (c) of the statutes is amended to read:
971.17 (6m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and termination or discharge date. The department of health and social services shall send the notice, postmarked at least 7 days before the defendant's termination or discharge date, to the department of corrections and to the last-known address of the person under par. (b) 1.
440,100
Section 100
. 971.17 (6m) (d) of the statutes is amended to read:
971.17 (6m) (d) The department of health and social services shall design and prepare cards for persons specified in par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d).
440,101
Section 101
. 971.19 (9) of the statutes is amended to read:
971.19 (9) In an action under s. 175.45 301.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to s. 175.45
301.45.
440,102
Section 102
. 973.047 (title) of the statutes is amended to read:
973.047 (title) Deoxyribonucleic acid analysis and reporting requirements.
440,103
Section 103
. 973.047 (1) (a) of the statutes is amended to read:
973.047 (1) (a) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.
440,104
Section 104
. 973.047 (1) (b) of the statutes is amended to read:
973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under chs. ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.
440,105
Section 105
. 973.048 of the statutes is created to read:
973.048 Sex offender reporting requirements. (1) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit 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 of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45.
(2) Except as provided in sub. (1), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.
440,106
Section 106
. 980.063 of the statutes is created to read:
980.063 Deoxyribonucleic acid analysis requirements. (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
(b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
(2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.
440,107
Section 107
. 980.11 (title) of the statutes is amended to read:
980.11 (title) Notice to victims concerning supervised release or discharge.
440,108
Section 108
. 980.11 (2) (intro.) of the statutes is amended to read:
980.11 (2) (intro.) If the court places a person on supervised release under s. 980.06 or discharges a person under s. 980.09 or 980.10, the district attorney or department of justice, whichever is applicable, shall notify whichever all of the following:
(am) Whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3):
440,109
Section 109
. 980.11 (2) (a) of the statutes is renumbered 980.11 (2) (am) 1.
440,110
Section 110
. 980.11 (2) (b) of the statutes is renumbered 980.11 (2) (am) 2.
440,111
Section 111
. 980.11 (2) (bm) of the statutes is created to read:
980.11 (2) (bm) The department of corrections.
440,112
Section 112
. 980.11 (2) (c) of the statutes is renumbered 980.11 (2) (am) 3.
440,113
Section 113
. 980.11 (3) of the statutes is amended to read:
980.11 (3) The notice under sub. (2) shall inform
the department of corrections and the person under sub. (2) (am) of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under sub. (2) (am).
440,114
Section 114
. 980.11 (4) of the statutes is amended to read:
980.11 (4) The department shall design and prepare cards for persons specified in sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am). These persons may send completed cards to the department of health and social services. All records or portions of records of the department of health and social services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a written request by a district attorney or the department of justice for assistance in locating persons to be notified corrections under sub. (2) s. 301.46 (3) (d).
440,115
Section 115
.
Nonstatutory provisions.
(1) Transfer of sex offender registration responsibilities to the department of corrections.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.
(b) Tangible personal property. On the effective date of this paragraph, the tangible personal property, including records, of the department of justice that is primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, is transferred to the department of corrections.
(c) Rules. All rules promulgated by the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of corrections.
440,116
Section 116
.
Appropriation changes.
(1) Appropriation increase; corrections. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $346,900 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 5.0 GPR positions on March 1, 1997, for the performance of duties relating to sex offender registration and community notification concerning sex offenders.
(2) Transfer of sex offender registration responsibilities; corrections. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $5,200 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 2.0 GPR positions on June 1, 1997, for the performance of duties relating to sex offender registration under section 175.45, 1993 stats.
440,117
Section 117
.
Effective dates. This act takes effect on the day after publication, except as follows:
