1999 Wisconsin Act 89

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:

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) (1g) of the need to comply with the requirements of this section.

89,46 Section 46. 301.45 (3) (b) 3m. of the statutes is amended 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) (1g) to read and sign a form stating that he or she has been informed of the requirements of this section.

89,47 Section 47. 301.45 (3) (b) 4. of the statutes is amended to read:

301.45 (3) (b) 4. Failure to It is not a defense to liability under sub. (6) (a) that the person subject to sub. (1g) was not required to read and sign a form under subd. 3m., was not provided with a form to read and sign under subd. 3m. or failed or refused to read or sign a form under subd. 3m. It is not a defense to liability under sub. (6) (a) that the person subject to sub. (1g) did not receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, extended supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

89,47d Section 47d. 301.45 (3) (b) 4. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

301.45 (3) (b) 4. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) was not required to read and sign a form under subd. 3m., was not provided with a form to read and sign under subd. 3m. or failed or refused to read or sign a form under subd. 3m. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) did not receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, extended supervision and parole agent, an aftercare agent or an agency providing supervision.

89,48 Section 48. 301.45 (4m) of the statutes is renumbered 301.45 (4m) (intro.) and amended to read:

301.45 (4m) Information concerning a move to or schooling or employment in another state. (intro.) In addition to the requirements under subs. (3) and (4), a person who is covered under sub. (1) (1g) and who is changing his or her residence from this state to another state, is becoming a student in another state or is to be employed or carrying on a vocation in another state shall, no later than 10 days before he or she moves out of this state, begins school or begins employment or his or her vocation, notify the department that he or she is changing his or her residence from this state and, is beginning school in another state or is beginning employment or the carrying on of a vocation in another state. The person shall also inform the department of the state to which he or she is moving his or her residence, the state in which he or she will be in school or the state in which he or she will be employed or carrying on a vocation. Upon receiving notification from a person under this subsection, the department shall inform do all of the following:

(a) Inform the person whether the state to which the person is moving, the state in which the person will be in school or the state in which the person will be employed or carrying on a vocation 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.

89,49 Section 49. 301.45 (4m) (b) of the statutes is created to read:

301.45 (4m) (b) Inform the agency responsible for sex offender registration in the state to which the person is moving, in which the person will be in school or in which the person will be employed or carrying on a vocation that the person is moving to the state, beginning school in the state or beginning employment or carrying on a vocation in the state, and provide the agency of the other state with all of the information specified in sub. (2) (a).

89,50 Section 50. 301.45 (5) (title) of the statutes is amended to read:

301.45 (5) (title) Release from requirements for persons who committed a sex offense in this state.

89,51 Section 51. 301.45 (5) (a) (intro.) of the statutes is amended to read:

301.45 (5) (a) (intro.) Except as provided in par. pars. (am) and (b), a person who is covered under sub. (1) (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) or (em) no longer has to comply with this section when the following applicable criterion is met:

89,52 Section 52. 301.45 (5) (a) 1. of the statutes is amended to read:

301.45 (5) (a) 1. If the person has been placed on probation or supervision for a sex offense, 15 years after discharge from the probation or supervision imposed for the sex offense.

89,53 Section 53. 301.45 (5) (a) 1m. of the statutes is renumbered 301.45 (5m) (a) 1. and amended to read:

301.45 (5m) (a) 1. 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, 15 years after discharge from that parole, extended supervision or, probation or other supervision or the period of time that the person is in this state, whichever is less.

89,54 Section 54. 301.45 (5) (a) 2. of the statutes is amended to read:

301.45 (5) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution for a sex offense, 15 years after discharge from parole, extended supervision or aftercare supervision for the sex offense.

89,55 Section 55. 301.45 (5) (a) 2. of the statutes, as affected by 1999 Wisconsin Act 9 and .... (this act), is repealed and recreated to read:

301.45 (5) (a) 2. If the person has been sentenced to prison for a sex offense or placed in a secured correctional facility, a secured child caring institution or a secured group home for a sex offense, 15 years after discharge from parole, extended supervision or aftercare supervision for the sex offense.

89,56 Section 56. 301.45 (5) (a) 2m. of the statutes is amended to read:

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

89,57 Section 57. 301.45 (5) (a) 3. of the statutes is amended to read:

301.45 (5) (a) 3. If the person has been committed to the department of health and family services under s. 51.20 or 971.17 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6).

89,58 Section 58. 301.45 (5) (a) 4. of the statutes is amended to read:

301.45 (5) (a) 4. If subd. 1., 1m., 2., 2m., 3. or 3m. does not apply, 15 years after the date of conviction for the sex offense or 15 years after the date of disposition of the sex offense, whichever is later.

89,59 Section 59. 301.45 (5) (am) of the statutes is created to read:

301.45 (5) (am) 1. Except as provided in subd. 2., a person who is covered under sub. (1g) (dL) shall continue to comply with the requirements of this section until his or her death.

2. A person who is covered under sub. (1g) (dL) is not required to comply with the requirements of this section if a court orders that the person is no longer required to comply under s. 939.615 (6) (i).

89,60 Section 60. 301.45 (5) (b) (intro.) of the statutes is amended to read:

301.45 (5) (b) (intro.) A person who is covered under sub. (1) (1g) (a), (b), (bm), (c), (d), (dd), (dp) or (e) shall continue to comply with the requirements of this section until his or her death if any of the following apply applies:

89,61 Section 61. 301.45 (5) (b) 1. of the statutes is amended to read:

301.45 (5) (b) 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 a sex offense, or for any a violation, or for the solicitation, conspiracy or attempt to commit any a violation, of a federal law, a military law, a tribal law or 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 sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

89,62 Section 62. 301.45 (5) (b) 1m. of the statutes is created to read:

301.45 (5) (b) 1m. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.

89,63 Section 63. 301.45 (5) (b) 2. of the statutes is amended to read:

301.45 (5) (b) 2. The person has been found to be a sexually violent person under ch. 980, regardless of whether the person is discharged under s. 980.09 or 980.10 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.

89,64 Section 64. 301.45 (5) (b) 3. of the statutes is created to read:

301.45 (5) (b) 3. The court that ordered the person to comply with the reporting requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17 (1m) (b) or 973.048 also ordered the person to comply with the requirements until his or her death.

89,65 Section 65. 301.45 (5m) of the statutes is created to read:

301.45 (5m) Release from requirements for persons who committed a sex offense in another jurisdiction. (a) Except as provided in pars. (b) and (c), a person who is covered under sub. (1g) (dh), (dj), (f) or (g) no longer has to comply with this section when the following applicable criterion is met:

2. 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, whichever of the following is less:

a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.

b. The period of time that the person is registered as a sex offender in another state or with the federal bureau of investigation, or 10 years from 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 which subjects the person to the requirements of this section, whichever is greater.

3. If the person has been found to have committed a sex offense by another jurisdiction and subd. 2. does not apply, whichever of the following is less:

a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.

b. Ten years from 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 which subjects the person to the requirements of this section.

(b) A person who is covered under sub. (1g) (dh), (dj), (f) or (g) shall continue to comply with the requirements of this section for as long as the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state if one or more of the following apply:

1. 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 and the person is required to register with that other state or with the federal bureau of investigation until his or her death.

2. The person has been convicted or found not guilty or not responsible 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, or for the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.

3. 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 a sex offense or for a violation, or the solicitation, conspiracy or attempt to commit a violation, of a federal law, military law, tribal law or law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

4. A determination has been made as provided under 42 USC 14071 (a) (2) (A) or (B) that the person is a sexually violent predator, or lifetime registration by the person is required under measures approved by the attorney general of the United States under 42 USC 14071 (a) (2) (C).

(c) This subsection does not apply to a person who is required to register as a sex offender under one or more of the criteria specified in sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) or (em).

89,66 Section 66. 301.45 (6) (a) of the statutes is renumbered 301.45 (6) (a) (intro.) and amended to read:

301.45 (6) (a) (intro.) Whoever intentionally knowingly fails to comply with any requirement to provide information under subs. (2) to (4) is subject to the following penalties:

1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(am) 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 knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has intentionally knowingly 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.

89,67 Section 67. 301.45 (6) (a) 2. of the statutes is created to read:

301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

89,69 Section 69. 301.45 (6) (d) of the statutes is created to read:

301.45 (6) (d) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1999 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 May 31, 2000, shall be allowed until January 1, 2001, to comply with the requirements under subs. (2) to (4).

89,69d Section 69d. 301.45 (6) of the statutes, as affected by 1999 Wisconsin Acts .... (Assembly Bill 99) and .... (this act), is repealed and recreated to read:

301.45 (6) (a) Whoever knowingly fails to comply with any requirement to provide information under subs. (2) to (4) is subject to the following penalties:

1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

(ag) Whoever intentionally violates sub. (4r) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(am) Whoever knowingly fails to keep information confidential as required under sub. (7) may be fined not more than $500 or imprisoned for not more than 30 days or both.

(bm) Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (2) to (4) or has intentionally violated sub. (4r), 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.

(c) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act 440 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 May 31, 1997, shall be allowed until January 1, 1998, to comply with the requirements under subs. (2) to (4).

(d) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1999 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 May 31, 2000, shall be allowed until January 1, 2001, to comply with the requirements under subs. (2) to (4).

89,70 Section 70. 301.45 (6m) of the statutes is created to read:

301.45 (6m) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is covered under sub. (1g) (f) or (g) is residing in this state, is a student in this state or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of sex offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section. If the person is registered with the federal bureau of investigation under 42 USC 14072, the department shall notify the federal bureau of investigation that it believes the person is not complying with the requirements of this section.

89,71 Section 71. 301.46 (1) of the statutes is renumbered 301.46 (1) (intro.) and amended to read:

301.46 (1) Definitions. (intro.) In this section "agency:

(a) "Agency with jurisdiction" means the state agency with the authority or duty to confine or supervise a person or release or discharge a person from confinement.

89,72 Section 72. 301.46 (1) (b) of the statutes is created to read:

301.46 (1) (b) "Sex offense" has the meaning given in s. 301.45 (1d) (b).

89,73 Section 73. 301.46 (2) (b) 7. of the statutes is repealed.

89,74 Section 74. 301.46 (2m) (a) of the statutes is amended to read:

301.46 (2m) (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has, on one occasion only, 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, a sex offense or for 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 s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense, the agency with jurisdiction may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2) or to any other notification that an agency with jurisdiction is authorized to provide.

89,75 Section 75. 301.46 (2m) (am) of the statutes is amended to read:

301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or 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 or 948.11 or a sex offense or for 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 or 948.11 a sex offense, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.