1999 Wisconsin Act 89

301.132 (2) The department may require, as a condition of probation, parole or extended supervision, that a probationer, parolee or person on extended supervision who is a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender's correctional programming or care and treatment, as a condition of a sex offender's probation, parole or extended supervision, or both as part of a sex offender's correctional programming or care and treatment and as a condition of the sex offender's probation, parole or extended supervision.

89,11 Section 11. 301.132 (3) of the statutes is amended to read:

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

89,12 Section 12. 301.45 (1) of the statutes is renumbered 301.45 (1g), and 301.45 (1g) (intro.), (a), (b), (bm), (c), (d), (dd), (dh) and (e), as renumbered, are amended to read:

301.45 (1g) (intro.) Except as provided in sub. (1m), a person shall comply with the reporting requirements under this section if he or she meets any one or more of the following criteria:

(a) Is convicted, or adjudicated delinquent or found in need of protection or services on or after December 25, 1993, 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 a sex offense.

(b) 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, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, 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 a sex offense.

(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, extended supervision, 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 a sex offense.

(c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 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 a sex offense.

(d) 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 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 a sex offense.

(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 a sex offense.

(dh) Is on parole, extended supervision 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 sex offense.

(e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m) to comply with the reporting requirements under this section.

89,13 Section 13. 301.45 (1d) of the statutes is created to read:

301.45 (1d) Definitions. In this section:

(a) "Employed or carrying on a vocation" means employment or vocational activity that is full-time or part-time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.

(am) "Found to have committed a sex offense by another jurisdiction" means any of the following:

1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense.

2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense.

3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense.

4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense.

(b) "Sex offense" means a violation, or 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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.

(c) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including a secondary school, a business, trade, technical or vocational school or an institution of higher education.

89,14 Section 14. 301.45 (1g) (b) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:

301.45 (1g) (b) Is in prison, a secured correctional facility, a secured child caring institution or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a sex offense.

89,15 Section 15. 301.45 (1g) (bm) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:

301.45 (1g) (bm) Is in prison, a secured correctional facility, a secured child caring institution or a secured group home or is on probation, extended supervision, 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 a sex offense.

89,16 Section 16. 301.45 (1g) (dj) of the statutes is created to read:

301.45 (1g) (dj) Is a juvenile in this state on or after the effective date of this paragraph .... [revisor inserts date], and is on supervision in this state from another state pursuant to the interstate compact on the placement of juveniles under s. 938.988 for a violation of a law of another state that is comparable to a sex offense.

89,17 Section 17. 301.45 (1g) (dL) of the statutes is created to read:

301.45 (1g) (dL) Is placed on lifetime supervision under s. 939.615 on or after June 26, 1998.

89,17d Section 17d. 301.45 (1g) (em) of the statutes is created to read:

301.45 (1g) (em) Was required to register under s. 301.45 (1) (a), 1997 stats., based on a finding that he or she was in need of protection or services and is ordered to continue complying with the requirements of this section by a court acting under 1999 Wisconsin Act .... (this act), section 107 (1) (e).

89,18 Section 18. 301.45 (1g) (f) of the statutes is created to read:

301.45 (1g) (f) On or after the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072 and is a resident of this state, a student in this state or employed or carrying on a vocation in this state.

89,19 Section 19. 301.45 (1g) (g) of the statutes is created to read:

301.45 (1g) (g) Has been found to have committed a sex offense by another jurisdiction and, on or after the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], is a resident of this state, a student in this state or employed or carrying on a vocation in this state. This paragraph does not apply if 10 years have passed since the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense.

89,20 Section 20. 301.45 (1m) (a) 1. of the statutes is amended to read:

301.45 (1m) (a) 1. The person meets the criteria under sub. (1) (1g) (a) to (dh) (dd) based on any violation, or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2) or 948.025.

89,21 Section 21. 301.45 (1m) (a) 1g. of the statutes is created to read:

301.45 (1m) (a) 1g. The violation, or the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2) or 948.025 did not involve sexual intercourse, as defined in s. 948.01 (6), either by the use or threat of force or violence or with a victim under the age of 12 years.

89,22 Section 22. 301.45 (1m) (a) 2. of the statutes is amended to read:

301.45 (1m) (a) 2. At the time of the violation, or of the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2) or 948.025, the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child.

89,23 Section 23. 301.45 (1m) (b) of the statutes is amended to read:

301.45 (1m) (b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent, found in need of protection or services or found not guilty or not responsible by reason of mental disease or defect, except that if the person meets the criteria of sub. (1) (dh) the person shall file the motion in the circuit court for the county in which he or she resides.

89,24 Section 24. 301.45 (2) (a) (intro.) of the statutes is amended to read:

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

89,25 Section 25. 301.45 (2) (a) 7. of the statutes is repealed.

89,26 Section 26. 301.45 (2) (a) 9m. of the statutes is created to read:

301.45 (2) (a) 9m. For a person covered under sub. (1g) (dt), a notation concerning the treatment that the person has received for his or her mental disorder, as defined in s. 980.01 (2).

89,27 Section 27. 301.45 (2) (b) of the statutes is amended to read:

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

89,28 Section 28. 301.45 (2) (c) of the statutes is amended to read:

301.45 (2) (c) If the department of health and family services has supervision over a person subject to sub. (1) (1g), that department, with the assistance of the person, shall provide the information specified in par. (a) to the department of corrections in accordance with the rules under sub. (8).

89,29 Section 29. 301.45 (2) (d) of the statutes is amended to read:

301.45 (2) (d) A person subject to sub. (1) (1g) 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.

89,30 Section 30. 301.45 (2) (e) (intro.) of the statutes is amended to read:

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

89,31 Section 31. 301.45 (2) (e) 2. of the statutes is amended to read:

301.45 (2) (e) 2. If the person is on parole, extended supervision or, probation or other supervision from another state under s. 304.13 or, 304.135 or 938.988, within 10 days after the person enters this state.

89,31d Section 31d. 301.45 (2) (e) 2. of the statutes, as affected by 1999 Wisconsin Acts .... (Assembly Bill 99) and .... (this act), is repealed and recreated to read:

301.45 (2) (e) 2. If the person is on parole, extended supervision, probation or other supervision from another state under s. 304.13, 304.135 or 938.988, before the person enters this state.

89,32 Section 32. 301.45 (2) (e) 2m. of the statutes is created to read:

301.45 (2) (e) 2m. If the person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072, within 10 days after the person enters this state to take up residence or begin school, employment or his or her vocation.

89,33 Section 33. 301.45 (2) (e) 2t. of the statutes is created to read:

301.45 (2) (e) 2t. If the person has been found to have committed a sex offense by another jurisdiction and subd. 2m. does not apply, within 10 days after the person enters this state to take up residence or begin school, employment or his or her vocation.

89,34 Section 34. 301.45 (2) (e) 5. of the statutes is amended to read:

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

89,35 Section 35. 301.45 (2) (f) of the statutes is created to read:

301.45 (2) (f) The department may require a person covered under sub. (1g) to provide the department with his or her fingerprints, a recent photograph of the person and any other information required under par. (a) that the person has not previously provided. The department may require the person to report to a place designated by the department, including an office or station of a law enforcement agency, for the purpose of obtaining the person's fingerprints, the photograph or other information.

89,36 Section 36. 301.45 (2) (g) of the statutes is created to read:

301.45 (2) (g) The department may send a person subject to sub. (1g) a notice or other communication requesting the person to verify the accuracy of any information contained in the registry. A person subject to sub. (1g) who receives a notice or communication sent by the department under this paragraph shall, no later than 10 days after receiving the notice or other communication, provide verification of the accuracy of the information to the department in the form and manner specified by the department.

89,37 Section 37. 301.45 (3) (a) (intro.) of the statutes is amended to read:

301.45 (3) (a) (intro.) A person covered under sub. (1) (1g) is subject to the annual registration requirements under par. (b) as follows:

89,38 Section 38. 301.45 (3) (a) 1m. of the statutes is amended to read:

301.45 (3) (a) 1m. If the person is on parole, extended supervision or, probation or other supervision from another state under s. 304.13 or, 304.135 or 938.988, he or she is subject to this subsection upon entering this state.

89,39 Section 39. 301.45 (3) (a) 1r. of the statutes is created to read:

301.45 (3) (a) 1r. If the person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072, within 10 days after the person enters this state to take up residence or begin school, employment or his or her vocation.

89,40 Section 40. 301.45 (3) (a) 1t. of the statutes is created to read:

301.45 (3) (a) 1t. If the person has been found to have committed a sex offense by another jurisdiction and subd. 1r. does not apply, within 10 days after the person enters this state to take up residence or begin school, employment or his or her vocation.

89,41 Section 41. 301.45 (3) (a) 4. of the statutes is amended to read:

301.45 (3) (a) 4. If subd. 1., 1m., 1r., 1t., 2., 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

89,42 Section 42. 301.45 (3) (b) 1. of the statutes is amended to read:

301.45 (3) (b) 1. Except as provided in subd. 1m., a person who is subject to par. (a) shall notify the department once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement. If the registrant is a person under the age of 18, the department may also annually notify the registrant's parent, guardian or legal custodian of the registrant's need to comply with this requirement.

89,43 Section 43. 301.45 (3) (b) 1m. of the statutes is amended 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) lifetime registration under sub. (5) (b) 2. or (5m) (b) 4. 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. If the registrant subject to this subdivision is a person under the age of 18, the department may also notify the registrant's parent, guardian or legal custodian every 90 days of the registrant's need to comply with this requirement.

89,44 Section 44. 301.45 (3) (b) 2. of the statutes is amended to read:

301.45 (3) (b) 2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) (1g) of the need to comply with the requirements of this section at the time the client is placed on probation, extended supervision, parole, supervision or aftercare supervision or, if the client is on probation, extended supervision or, parole or other supervision from another state under s. 304.13 or, 304.135 or 938.988,when the client enters this state.

89,45 Section 45. 301.45 (3) (b) 3. of the statutes is amended to read: