Amendment SSA1-SB182

SB182-SSA1, s. 67 Section 67. 301.45 (3) (a) 2m. of the statutes is created to read:

SB182-SSA1,20,24 301.45 (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.

SB182-SSA1, s. 68 Section 68. 301.45 (3) (a) 3g. of the statutes is created to read:

SB182-SSA1,21,4 301.45 (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.

SB182-SSA1, s. 69 Section 69. 301.45 (3) (a) 3r. of the statutes is created to read:

SB182-SSA1,21,9 301.45 (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.

SB182-SSA1, s. 70 Section 70. 301.45 (3) (b) 1m. of the statutes is created to read:

SB182-SSA1,21,15 301.45 (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.

SB182-SSA1, s. 71 Section 71. 301.45 (3) (b) 3. of the statutes is created to read:

SB182-SSA1,21,21 301.45 (3) (b) 3. The department of health and social 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.

SB182-SSA1, s. 72 Section 72. 301.45 (3) (b) 3m. of the statutes is created to read:

SB182-SSA1,22,2 301.45 (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.

SB182-SSA1, s. 73 Section 73. 301.45 (4m) of the statutes is created to read:

SB182-SSA1,22,13 301.45 (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.

SB182-SSA1, s. 74 Section 74. 301.45 (5) (a) 1m. of the statutes is created to read:

SB182-SSA1,22,16 301.45 (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.

SB182-SSA1, s. 75 Section 75. 301.45 (5) (a) 3m. of the statutes is created to read:

SB182-SSA1,22,20 301.45 (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.

SB182-SSA1, s. 76 Section 76. 301.45 (5) (b) of the statutes is created to read:

SB182-SSA1,22,24 301.45 (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:

SB182-SSA1,23,11 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 or 948.11 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 or 948.11. 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.

SB182-SSA1,23,12 2. The person has been found to be a sexually violent person under ch. 980.

SB182-SSA1, s. 77 Section 77. 301.45 (6) (c) of the statutes is created to read:

SB182-SSA1,23,22 301.45 (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).

SB182-SSA1, s. 78 Section 78. 301.45 (9) of the statutes is created to read:

SB182-SSA1,24,2 301.45 (9) Cooperation. The department of health and social services, the department of industry, labor and human relations, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB182-SSA1, s. 79 Section 79. 301.46 of the statutes is created to read:

SB182-SSA1,24,7 301.46 Access to information concerning sex offenders. (1) Definitions. In this section "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.

SB182-SSA1,24,13 (2) Access for law enforcement agencies. (a) When a person is registered with the department under s. 301.45 (2), the department shall immediately make the information specified in par. (b) available to the police chief of any community and the sheriff of any county in which the person is residing, is employed or is attending school. The department shall make information available under this paragraph through a direct electronic data transfer system.

SB182-SSA1,24,15 (b) The department shall make all of the following information available under par. (a):

SB182-SSA1,24,16 1. The person's name, including any aliases used by the person.

SB182-SSA1,24,18 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

SB182-SSA1,24,21 3. The statute the person violated, 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.

SB182-SSA1,24,22 4. Whichever of the following is applicable:

SB182-SSA1,24,24 a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.

SB182-SSA1,25,2 b. The date the person was released from confinement, whether on parole or otherwise, or discharged or terminated from a sentence or commitment.

SB182-SSA1,25,3 c. The date the person entered the state.

SB182-SSA1,25,4 d. The date the person was ordered to comply with s. 301.45.

SB182-SSA1,25,5 5. The address at which the person is residing.

SB182-SSA1,25,8 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.

SB182-SSA1,25,11 7. A description of any motor vehicle that the person owns or that is registered in the person's name, including the information provided by the person under s. 301.45 (2) (a) 7.

SB182-SSA1,25,12 8. The name and address of the place at which the person is employed.

SB182-SSA1,25,13 9. The name and location of any school in which the person is enrolled.

SB182-SSA1,25,15 10. The most recent date on which the information under s. 301.45 was updated.

SB182-SSA1,25,21 (c) When a person who is registered under s. 301.45 (2) updates information under s. 301.45 (4), the department shall immediately make the updated information available to the police chief of any community and the sheriff of any county in which the person is residing, is employed or is attending school. The department shall make the updated information available under this paragraph through a direct electronic data transfer system.

SB182-SSA1,25,24 (d) In addition to having access to information under pars. (a) and (c), a police chief or sheriff may request that the department provide the police chief or sheriff with information concerning any person registered under s. 301.45.

SB182-SSA1,26,6 (e) A police chief or sheriff may provide any of the information to which he or she has access under this subsection, other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4) or to any person requesting information under sub. (5) if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

SB182-SSA1,26,22 (2m) Bulletins to law enforcement agencies. (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 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 or 948.11 or 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, 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.

SB182-SSA1,27,12 (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 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 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, 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.

SB182-SSA1,27,14 (b) The notification under par. (a) or (am) shall be in the form of a written bulletin to the police chief or sheriff that contains all of the following:

SB182-SSA1,27,15 1. The information specified in sub. (2) (b).

SB182-SSA1,27,19 2. Any other information that the agency with jurisdiction determines is necessary to assist law enforcement officers or to protect the public. Information under this subdivision may include a photograph of the person, other identifying information and a description of the person's patterns of violation.

SB182-SSA1,27,25 (c) A police chief or sheriff who receives a bulletin under this subsection may provide any of the information in the bulletin, other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4) or to any person requesting information under sub. (5) if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

SB182-SSA1,28,1 (3) Notification of victims. (a) In this subsection:

SB182-SSA1,28,3 1. "Member of the family" means spouse, child, parent, sibling or legal guardian.

SB182-SSA1,28,4 2. "Victim" means a person against whom a crime has been committed.

SB182-SSA1,28,9 (b) When a person is registered under s. 301.45 (2) or when the person informs the department of a change in information under s. 301.45 (4), the department shall notify the victim or a member of the victim's family who has, according to the records of the department or the information provided under par. (d), requested to be notified about a person required to register under s. 301.45.

SB182-SSA1,28,15 (c) The notice under par. (b) shall be a written notice to the victim or member of the victim's family that the person required to register under s. 301.45 and specified in the information provided under par. (d) has been registered or, if applicable, has provided the department with updated information under s. 301.45 (4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 6., 7. and 10. or, if applicable, the updated information.

SB182-SSA1,28,18 (d) The department of health and social services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 (6m) or 980.11.

SB182-SSA1,28,22 (e) In addition to receiving the notice provided under par. (c), a person who receives notice under par. (b) may request that the department provide him or her with any of the information specified in sub. (2) (b) concerning the person required to register under s. 301.45.

SB182-SSA1,29,2 (4) Access to information for agencies and organizations other than law enforcement agencies. (a) Any of the following entities may request, in a form and manner specified by the department, information from the department concerning persons registered under s. 301.45:

SB182-SSA1,29,3 1. A public or private elementary or secondary school.

SB182-SSA1,29,6 2. A day care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69 or that is established or contracted for under s. 120.13 (14).

SB182-SSA1,29,7 3. A child welfare agency licensed under s. 48.60.

SB182-SSA1,29,8 4. A group home licensed under s. 48.625.

SB182-SSA1,29,9 5. A shelter care facility licensed under s. 48.48.

SB182-SSA1,29,10 6. A foster home or treatment foster home licensed under s. 48.62.

SB182-SSA1,29,11 7. A county department under s. 46.21, 46.215, 46.22, 46.23, 51.42 or 51.437.

SB182-SSA1,29,12 8. An agency providing child welfare services under s. 48.57 (2).

SB182-SSA1,29,13 8m. The department of justice.

SB182-SSA1,29,14 9. The department of public instruction.

SB182-SSA1,29,15 10. The department of health and social services.

SB182-SSA1,29,17 11. A neighborhood watch program authorized under s. 60.23 (17m) or by the law enforcement agency of a city or village.

SB182-SSA1,29,19 12. An organized unit of the Boy Scouts of America, the Boys' Clubs of America, the Girl Scouts of America or Camp Fire Girls.

SB182-SSA1,29,20 13. The personnel office of a sheltered workshop, as defined in s. 104.01 (6).

SB182-SSA1,29,23 14. Any other community-based public or private, nonprofit organization that the department determines should have access to information under this subsection in the interest of protecting the public.

SB182-SSA1,29,25 (ag) The department may not provide any of the following in response to a request under par. (a):

SB182-SSA1,30,2 1. Any information concerning a child who is required to register under s. 301.45.

SB182-SSA1,30,4 2. If the person required to register under s. 301.45 is an adult, any information concerning a juvenile proceeding in which the person was involved.

SB182-SSA1,30,6 (am) Subject to par. (ag), an entity may make a request under par. (a) for information concerning a specific person registered under s. 301.45.

SB182-SSA1,30,10 (ar) Subject to par. (ag), an entity specified in par. (a) 11. may request the names of and information concerning all persons registered under s. 301.45 who reside, are employed or attend school in the entity's community, district, jurisdiction or other applicable geographical area of activity.

SB182-SSA1,30,12 (b) In response to a request under par. (a), the department shall, subject to par. (ag), provide all of the following information:

SB182-SSA1,30,14 1. The name of the person who has registered under s. 301.45, including any aliases the person has used.

SB182-SSA1,30,16 2. The date of the person's conviction or commitment, and the county or, if the state is not this state, the state in which the person was convicted or committed.

SB182-SSA1,30,18 3. The make, model and license number of any motor vehicle that the person owns or that is registered in the person's name.

SB182-SSA1,30,19 4. The most recent date on which the information under s. 301.45 was updated.

SB182-SSA1,30,23 (c) On the request of a police chief or a sheriff, the department shall provide the police chief or sheriff with a list of entities in the police chief's community or the sheriff's county that have requested information under par. (a) for use by the police chief or sheriff under sub. (2) (e) or (2m) (c).

SB182-SSA1,31,4 (5) Access to information for general public. (a) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. (2) to (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

SB182-SSA1,31,8 1. Submits a written request for information in a form and manner prescribed by the department or the police chief or sheriff. The department or a police chief or sheriff may require that a person state, in his or her written request under this subdivision, his or her purpose for requesting the information.