SB55-SSA1,1087,13
12302.116 Extended supervision conditions for sex offenders. (1) In this
13section:
SB55-SSA1,1087,1614
(a) "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
15(2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a
16violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.
SB55-SSA1,1087,1717
(b) "Sex offender" means a person serving a sentence for a serious sex offense.
SB55-SSA1,1087,19
18(2) As a condition of extended supervision, a sex offender shall agree to live in
19a residence that the department has approved under sub. (3).
SB55-SSA1,1087,23
20(3) Subject to the requirements of subs. (4) to (6) and s. 301.03 (19), before
21releasing a sex offender to extended supervision, the department shall assess the
22appropriateness of the sex offender's prospective residence by doing at least all of the
23following:
SB55-SSA1,1088,524
(a) Considering the sex offender's access to potential victims if he or she lives
25there. If the victim of the serious sex offense that the sex offender committed was
1a child, the department, in meeting this requirement, shall contact the department
2of health and family services, the local county department responsible for
3certification of child care providers under s. 48.651, and the local school board to
4determine whether there are any day care providers located near the sex offender's
5prospective residence.
SB55-SSA1,1088,76
(b) Ensuring that others living in the prospective residence are aware of the sex
7offender's offense history.
SB55-SSA1,1088,9
8(4) The department shall use its best efforts to select a residence under sub.
9(3) that is in the sex offender's county of residence.
SB55-SSA1,1088,15
10(5) If the victim of the serious sex offense that the sex offender committed was
11a child who resided with the sex offender at the time of the offense, the department
12may not permit the sex offender to return home, unless the extended supervision
13officer and any person providing sex offender treatment to the sex offender
14determines that the sex offender's return will not jeopardize the safety of anyone
15residing in the home.
SB55-SSA1,1088,19
16(6) The department may not approve a residence under sub. (3) if it is located
17in a county where there is a correctional institution that has a specialized sex
18offender treatment program, unless that county is also the sex offender's county of
19residence.
SB55-SSA1,1088,21
20(7) The department shall determine a sex offender's county of residence under
21this section by doing all of the following:
SB55-SSA1,1088,2422
(a) Considering residence as the voluntary concurrence of physical presence
23with intent to remain in a place of fixed habitation and considering physical presence
24as prima facie evidence of intent to remain.
SB55-SSA1,1089,4
1(b) Applying the criteria for consideration of residence and physical presence
2under par. (a) to the facts that existed on the date on which the sex offender
3committed the serious sex offense that resulted in the sentence that the sex offender
4is serving.
SB55-SSA1,1089,116
302.18
(7) Except as provided in s. 973.013 (3m), the department shall keep
all
7prisoners a person under 15 years of age
who has been sentenced to the Wisconsin
8state prisons in
a secured juvenile correctional
facilities or facility or a secured child
9caring
institutions institution, but the department may transfer
them that person 10to
an adult correctional
institutions
institution after
they attain the person attains 1115 years of age.
SB55-SSA1,1089,16
13302.255 Interstate corrections compact; additional applicability. 14"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
15under s. 48.366 who are confined to a state prison under s. 302.01
and persons subject
16to an order under s. 938.34 (4h) who are 17 years of age or older.
SB55-SSA1,1089,2318
302.386
(3) (a) Except as provided in par. (b), the department may require a
19resident housed in a prison identified in s. 302.01 or in a secured correctional facility
, 20as defined in s. 938.02 (15m)
, who
earns wages during residency and who receives
21medical or dental services to pay a deductible, coinsurance, copayment
, or similar
22charge upon the medical or dental service that he or she receives. The department
23shall collect the allowable deductible, coinsurance, copayment
, or similar charge.
SB55-SSA1,1090,4
1302.386
(5) (d) Any participant in the serious juvenile offender program under
2s. 938.538 unless
he or she the participant is placed in a Type 1 secured correctional
3facility, as defined in s. 938.02 (19)
, or in a Type 1 prison other than the institution
4authorized under s. 301.046 (1).
SB55-SSA1,1090,156
302.46
(1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture
7for a violation of state law or for a violation of a municipal or county ordinance except
8for a violation of s. 101.123 (2) (a), (am) 1., (ar)
or
, (bm)
, or (br) or (5) or state laws or
9municipal or county ordinances involving nonmoving traffic violations or safety belt
10use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
11assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever
12is greater. If multiple offenses are involved, the court shall determine the jail
13assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended
14in whole or in part, the court shall reduce the jail assessment in proportion to the
15suspension.
SB55-SSA1,1091,1317
303.01
(2) (em) Lease space, with or without equipment, within the precincts
18of state prisons, as specified in s. 302.02, or within the confines of correctional
19institutions operated by the department for holding in secure custody persons
20adjudged delinquent, to not more than
6 2 private businesses to employ prison
21inmates and institution residents to manufacture products or components or to
22provide services for sale on the open market. The department shall comply with s.
2316.75 in selecting businesses under this paragraph. The department may enter into
24a contract under this paragraph only with the approval of the joint committee on
25finance. The department may not enter into or amend a contract under this
1paragraph unless the contract or amendment specifies each state prison or juvenile
2correctional institution at which the private business will employ inmates or
3institution residents. The department shall consult with appropriate trade
4organizations and labor unions prior to issuing requests for proposals and prior to
5selecting proposals under this paragraph. Each such private business may conduct
6its operations as a private business, subject to the wage standards under sub. (4), the
7disposition of earnings under sub. (8), the provisions regarding displacement in sub.
8(11), the requirements for notification and hearing under sub. (1) (c), the requirement
9for prison industries board approval under s. 303.015 (1) (b) and the authority of the
10department to maintain security and control in its institutions. The private business
11and its operations are not a prison industry. Inmates employed by the private
12business are not subject to the requirements of inmates participating in prison
13industries, except as provided in this paragraph;
SB55-SSA1,1091,1915
304.01
(3) The parole commission shall work with the department to minimize,
16to the greatest extent possible, the residential population density of sex offenders,
17as defined in s. 304.06 (2m) (a) 2., who are on probation, parole, or extended
18supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or s.
19980.08 (5).
SB55-SSA1,1091,2421
304.02
(4m) A prisoner
may not be paroled under this section
is subject to the
22restriction unless he or she agrees to live in a residence that the department has
23approved under s. 304.06 (2m)
(ak), if applicable
, relating to the counties to which
24prisoners may be paroled.
SB55-SSA1, s. 3389q
1Section 3389q. 304.06 (2m) (a) of the statutes is renumbered 304.06 (2m) (a)
2(intro.) and amended to read:
SB55-SSA1,1092,33
304.06
(2m) (a) (intro.) In this subsection
, "serious:
SB55-SSA1,1092,6
41. "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
5(2), 948.025, 948.06 or 948.07 or a solicitation, conspiracy or attempt to commit a
6violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07.
SB55-SSA1,1092,98
304.06
(2m) (a) 2. "Sex offender" means a person serving a sentence for a
9serious sex offense.
SB55-SSA1,1092,1311
304.06
(2m) (af) Neither the parole commission nor the department may parole
12a sex offender unless he or she agrees to live in a residence that the parole
13commission or the department has approved under par. (ak).
SB55-SSA1,1092,1815
304.06
(2m) (ak) Subject to the requirements of pars. (ap), (at), and (b) and ss.
16301.03 (19) and 304.01 (3), before releasing a sex offender on parole, the parole
17commission or the department shall assess the appropriateness of the sex offender's
18prospective residence by doing at least all of the following:
SB55-SSA1,1092,2519
1. Considering the sex offender's access to potential victims if he or she lives
20there. If the victim of the serious sex offense that the sex offender committed was
21a child, the parole commission or the department, in meeting this requirement, shall
22contact the department of health and family services, the local county department
23responsible for certification of child care providers under s. 48.651, and the local
24school board to determine whether there are any day care providers located near the
25sex offender's prospective residence.
SB55-SSA1,1093,2
12. Ensuring that others living in the prospective residence are aware of the sex
2offender's offense history.
SB55-SSA1,1093,64
304.06
(2m) (ap) The parole commission or the department shall use its best
5efforts to select a residence under par. (ak) that is in the sex offender's county of
6residence.
SB55-SSA1,1093,138
304.06
(2m) (at) If the victim of the serious sex offense that the sex offender
9committed was a child who resided with the sex offender at the time of the offense,
10neither the parole commission nor the department may permit the sex offender to
11return home, unless the parole officer and any person providing sex offender
12treatment to the sex offender determines that the sex offender's return will not
13jeopardize the safety of anyone residing in the home.
SB55-SSA1,1093,1715
304.06
(2m) (b) Except as provided in par. (c), no
prisoner who is serving a
16sentence for a serious sex
offense offender may be paroled to any county where there
17is a correctional institution that has a specialized sex offender treatment program.
SB55-SSA1,1093,2219
304.06
(2m) (c) A
prisoner who is serving a sentence for a serious sex
offense 20offender may be paroled to a county where there is a correctional institution that has
21a specialized sex offender treatment program if that county is also the
prisoner's sex
22offender's county of residence.
SB55-SSA1,1094,3
1304.06
(2m) (d) The parole commission or the department shall determine a
2prisoner's sex offender's county of residence for the purposes of this subsection by
3doing all of the following:
SB55-SSA1,1094,74
1.
The parole commission or the department shall consider Considering 5residence as the voluntary concurrence of physical presence with intent to remain
6in a place of fixed habitation and
shall consider
considering physical presence as
7prima facie evidence of intent to remain.
SB55-SSA1,1094,118
2.
The parole commission or the department shall apply Applying the criteria
9for consideration of residence and physical presence under subd. 1. to the facts that
10existed on the date
that the prisoner on which the sex offender committed the serious
11sex offense that resulted in the sentence
that the
prisoner sex offender is serving.
SB55-SSA1,1094,2213
304.11
(3) If upon inquiry it further appears to the governor that the convicted
14person has violated or failed to comply with any of those conditions, the governor may
15issue his or her warrant remanding the person to the institution from which
16discharged, and the person shall be confined and treated as though no pardon had
17been granted, except that the person loses any applicable good time which he or she
18had earned. If the person is returned to prison, the person is subject to the same
19limitations as a revoked parolee under s. 302.11 (7). The department shall determine
20the period of incarceration under s. 302.11 (7)
(a)
(am). If the governor determines
21the person has not violated or failed to comply with the conditions, the person shall
22be discharged subject to the conditional pardon.
SB55-SSA1,1095,624
340.01
(2g) "All-terrain vehicle" means an engine-driven device which has a
25net weight of
650 900 pounds or less, which has a width of 48 inches or less, which
1is equipped with a seat designed to be straddled by the operator and which is
2designed to travel on 3 or more low-pressure tires. A low-pressure tire is a tire which
3has a minimum width of 6 inches, which is designed to be mounted on a rim with a
4maximum diameter of 12 inches and which is designed to be inflated with an
5operating pressure not to exceed 6 pounds per square inch as recommended by the
6manufacturer.
SB55-SSA1,1095,248
341.135
(1) Design. Every
6th 7th year, the department shall establish new
9designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m),
10(6m)
or, and (6r), 341.25 (1) (a), (c), (h)
, and (j) and (2) (a), (b)
, and (c)
, and 341.26 (2)
11and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and
12for vehicles registered on the basis of gross weight shall comply with the applicable
13design requirements of ss. 341.12 (3), 341.13
, and 341.14 (6r) (c). The designs for
14registration plates specified in this subsection shall be as similar in appearance as
15practicable during each
6-year 7-year design interval. Each registration plate
16issued under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m)
, or (6r), 341.25 (1) (a), (c), (h)
, 17or (j) or (2) (a), (b)
, or (c)
, or 341.26 (2) or (3) (a) 1. or (am) during each
6-year
7-year 18design interval shall be of the design established under this subsection. The
19department may not redesign registration plates for the special
group groups under
20s. 341.14 (6r) (f) 53.
, 54., 55., or 56. until
January 1, 2005 July 1, 2007. Except for
21registration plates issued under s. 341.14 (6r) (f) 53., 54., 55., or 56., the first design
22cycle for registration plates issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m),
23and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3)
24(a) 1. and (am) began July 1, 2000.
SB55-SSA1,1096,6
1341.135
(2) (a) 1. Beginning with registrations initially effective on
2July 1, 2000, upon receipt of a completed application to initially register a vehicle
3under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m)
, or (6r), except s. 341.14 (6r) (f) 53.
,
454., 55., or 56., or s. 341.25 (1) (a), (c), (h)
, or (j) or (2) (a), (b)
, or (c) or 341.26 (2) or
5(3) (a) 1. or (am), the department shall issue and deliver prepaid to the applicant 2
6new registration plates of the design established under sub. (1).
SB55-SSA1,1096,158
341.135
(2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations
9initially effective on July 1,
2005 2007, upon receipt of a completed application to
10initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m)
, or (6r), or
11s. 341.25 (1) (a), (c), (h)
, or (j) or (2) (a), (b)
, or (c) or 341.26 (2) or (3) (a) 1. or (am), or
12to renew the registration of a vehicle under those sections for which a registration
13plate has not been issued during the previous
6 7 years, the department shall issue
14and deliver prepaid to the applicant 2 new registration plates of the design
15established for that
6-year 7-year period under sub. (1).
SB55-SSA1,1097,217
341.135
(2) (am) Notwithstanding
ss.
s. 341.13 (3) and (3m), beginning with
18registrations initially effective on July 1, 2000, upon receipt of a completed
19application to renew the registration of a vehicle registered under s. 341.14 (1a),
20(1m), (1q), (2), (2m), (6m)
, or (6r), except s. 341.14 (6r) (f) 53.
, 54., 55., or 56., or s.
21341.25 (1) (a), (c), (h)
, or (j) or (2) (a), (b)
, or (c) for which a registration plate of the
22design established under sub. (1) has not been issued, the department may issue and
23deliver prepaid to the applicant 2 new registration plates of the design established
24under sub. (1). This paragraph does not apply to registration plates issued under s.
1341.14 (6r) (f) 52., 1997 stats. This paragraph does not apply after June 30,
2005 22007.
SB55-SSA1,1097,74
341.135
(2) (e) The department shall issue new registration plates of the design
5established under sub. (1) for every vehicle registered under s. 341.14 (1a), (1m), (1q),
6(2), (2m), (6m)
, or (6r), 341.25 (1) (a), (c), (h)
, or (j) or (2) (a), (b)
, or (c)
, or 341.26 (2)
7or (3) (a) 1. or (am) after
January 1, 2005
July 1, 2007.
SB55-SSA1,1097,209
341.14
(2) Upon compliance with the laws relating to registration of
10automobiles and motor homes; motor trucks, dual purpose motor homes
, and dual
11purpose farm trucks which have a gross weight of not more than 8,000 pounds; and
12farm trucks which have a gross weight of not more than 12,000 pounds, including
13payment of the prescribed registration fees therefor plus an additional fee of
$10 $15 14when registration plates are issued accompanied by an application showing
15satisfactory proof that the applicant is the holder of an unexpired amateur radio
16station license issued by the federal communications commission, the department
17shall issue registration plates on which, in lieu of the usual registration number,
18shall be inscribed in large legible form the call letters of such applicant as assigned
19by the federal communications commission. The fee for reissuance of a plate under
20this subsection shall be
$10 $15.
SB55-SSA1,1098,822
341.14
(2m) Upon compliance with laws relating to registration of motor
23vehicles, including payment of the prescribed fee, and an additional fee of
$5 $15 24when the original or new registration plates are issued and accompanied by an
25application showing satisfactory proof that the applicant has a collector's
1identification number as provided in s. 341.266 (2) (d), the department shall issue
2registration plates on which, in lieu of the usual registration number, shall be
3inscribed the collector's identification number issued under s. 341.266 (2) (d). The
4words "VEHICLE COLLECTOR" shall be inscribed across the lower or upper portion
5of the plate at the discretion of the department. Additional registrations under this
6subsection by the same collector shall bear the same collector's identification number
7followed by a suffix letter for vehicle identification. Registration plates issued under
8this subsection shall expire annually.
SB55-SSA1,1098,1410
341.14
(6) (d) For each additional vehicle, a person who maintains more than
11one registration under this subsection at one time shall be charged a fee of
$10 $15 12for issuance
or reissuance of the plates in addition to the annual registration fee for
13the vehicle. Except as provided in par. (c), a motor truck or dual purpose farm truck
14registered under this subsection shall be registered under this paragraph.
SB55-SSA1,1099,217
341.14
(6m) (a) Upon application to register an automobile or motor truck
18which has a gross weight of not more than 8,000 pounds by any person who is a
19resident of this state and a member or retired member of the national guard, the
20department shall issue to the person special plates whose colors and design shall be
21determined by the department and which have the words "Wisconsin guard member"
22placed on the plates in the manner designated by the department. The department
23shall consult with or obtain the approval of the adjutant general with respect to any
24word or symbol used to identify the national guard. An additional fee of
$10 $15 shall
1be charged for the issuance
or reissuance of the plates. Registration plates issued
2under this subsection shall expire annually.
SB55-SSA1,1099,64
341.14
(6r) (b) 2. An additional fee of
$10 $15 shall be charged for the issuance
5or reissuance of the plates for special groups specified under par. (f)
1. to 34., 48., 49.
6and 51.
SB55-SSA1,1099,198
341.14
(6r) (b) 3. An additional fee of $15 shall be charged for the issuance or
9reissuance of a plate issued on an annual basis for a special group specified under
10par. (f) 35. to 47., 53., 54.
or 55., 55., or 56. or designated by the department under
11par. (fm). An additional fee of $15 shall be charged for the issuance or reissuance of
12a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47.,
1353., 54.
or 55., 55., or 56. or designated by the department under par. (fm) if the plate
14is issued during the first year of the biennial registration period or $15 for the
15issuance or reissuance if the plate is issued during the 2nd year of the biennial
16registration period. The department shall deposit in the general fund and credit to
17the appropriation account under s. 20.395 (5) (cj) all fees collected under this
18subdivision for the issuance or reissuance of a plate for a special group designated
19by the department under par. (fm).
SB55-SSA1, s. 3402
20Section
3402. 341.14 (6r) (b) 3. of the statutes, as affected by 2001 Wisconsin
21Act .... (this act), is amended to read:
SB55-SSA1,1100,822
341.14
(6r) (b) 3. An additional fee of $15 shall be charged for the issuance or
23reissuance of a plate issued
on an annual basis for a special group
specified under
24par. (f) 35. to 47., 53., 54., 55., or 56. or designated by the department under par. (fm).
25An additional fee of $15 shall be charged for the issuance or reissuance of a plate
1issued on a biennial basis for a special group specified under par. (f) 35. to 47., 53.,
254., 55., or 56. or designated by the department under par. (fm) if the plate is issued
3during the first year of the biennial registration period or $15 for the issuance or
4reissuance if the plate is issued during the 2nd year of the biennial registration
5period. The department shall deposit in the general fund and credit to the
6appropriation account under s. 20.395 (5) (cj) all fees collected under this subdivision
7for the issuance or reissuance of a plate for a special group designated by the
8department under par. (fm).
SB55-SSA1,1100,1910
341.14
(6r) (b) 4. An additional fee of $20 that is in addition to the fee under
11subd. 2.
or 3. shall be charged for the issuance or renewal of a plate issued on an
12annual basis for a special group specified under par. (f) 35. to 47. An additional fee
13of $40 that is in addition to the fee under subd. 2.
or 3. shall be charged for the
14issuance or renewal of a plate issued on a biennial basis for a special group specified
15under par. (f) 35. to 47. if the plate is issued or renewed during the first year of the
16biennial registration period or $20 for the issuance or renewal if the plate is issued
17or renewed during the 2nd year of the biennial registration period. The fee under
18this subdivision is deductible as a charitable contribution for purposes of the taxes
19under ch. 71.
SB55-SSA1,1101,721
341.14
(6r) (b) 6. An additional fee of $20 that is in addition to the fee under
22subd.
3. 2. shall be charged for the issuance or renewal of a plate issued on an annual
23basis for the special group specified under par. (f) 53. An additional fee of $40 that
24is in addition to the fee under subd.
3. 2. shall be charged for the issuance or renewal
25of a plate issued on a biennial basis for the special group specified under par. (f) 53.
1if the plate is issued or renewed during the first year of the biennial registration
2period or $20 for the issuance or renewal if the plate is issued or renewed during the
32nd year of the biennial registration period. All moneys received under this
4subdivision in excess of the initial costs of data processing for the special group plate
5under par. (f) 53. or $35,000, whichever is less, shall be deposited in the children's
6trust fund. To the extent permitted under ch. 71, the fee under this subdivision is
7deductible as a charitable contribution for purposes of the taxes under ch. 71.
SB55-SSA1,1101,219
341.14
(6r) (b) 7. An additional fee of $25 that is in addition to the fee under
10subd.
3. 2. shall be charged for the issuance or renewal of a plate issued on an annual
11basis for the special group specified under par. (f) 54. An additional fee of $50 that
12is in addition to the fee under subd.
3. 2. shall be charged for the issuance or renewal
13of a plate issued on the biennial basis for the special group specified under par. (f) 54.
14if the plate is issued or renewed during the first year of the biennial registration
15period or $25 for the issuance or renewal if the plate is issued or renewed during the
162nd year of the biennial registration period. All moneys received under this
17subdivision in excess of the initial costs of production of the special group plate under
18par. (f) 54. or $196,700, whichever is less, shall be deposited in the conservation fund
19and credited to the appropriation under s. 20.370 (5) (au). To the extent permitted
20under ch. 71, the fee under this subdivision is deductible as a charitable contribution
21for purposes of the taxes under ch. 71.
SB55-SSA1, s. 3406
22Section
3406. 341.14 (6r) (b) 8. (intro.) of the statutes is amended to read: