Amendment ASA1-AB591

LRBs0194/1

MGD&CMH:lmk:ch

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 591

October 25, 2005 - Offered by Representatives Suder and Kleefisch.

AB591-ASA1,1,3 An Act to create 301.48, 946.465, 948.02 (6) and 948.025 (4) of the statutes; relating to: global positioning system tracking for certain sex offenders and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB591-ASA1, s. 1 Section 1. 301.48 of the statutes is created to read:

AB591-ASA1,1,6 301.48 Global positioning system tracking for certain sex offenders. (1) Definitions. In this section:

AB591-ASA1,1,9 (a) "Exclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from entering except for purposes of traveling through to get to another destination.

AB591-ASA1,1,10 (b) "Global positioning system tracking" includes comparable technology.

AB591-ASA1,1,12 (c) "Inclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from leaving.

AB591-ASA1,2,4 (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (6). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (b) or (c), regardless of how long it is required.

AB591-ASA1,2,5 (e) "Serious child sex offense" means any of the following:

AB591-ASA1,2,6 1. A violation of s. 948.02 (1) or 948.025 (1) (a).

AB591-ASA1,2,8 2. A violation of s. 948.02 (2) or 948.025 (1) (b), if the court makes a finding under s. 948.02 (6) or 948.025 (4) (b).

AB591-ASA1,2,9 (f) "Sex offense" means any of the following:

AB591-ASA1,2,10 1. A sex offense, as defined in s. 301.45 (1d) (b).

AB591-ASA1,2,12 2. A crime under federal law or the law of any state that is comparable to a crime described in subd. 1.

AB591-ASA1,2,14 (2) Who is covered. (a) The department shall arrange for lifetime tracking of all of the following:

AB591-ASA1,2,17 1. Any person who is placed on probation, extended supervision, or parole for committing a serious child sex offense, unless a court exempts the person from lifetime tracking under sub. (5).

AB591-ASA1,2,20 2. Any person who is placed on conditional release after having been found not guilty of a serious child sex offense by reason of mental disease or mental defect, unless a court exempts the person from lifetime tracking under sub. (5).

AB591-ASA1,2,21 3. Any person who is placed on supervised release under s. 980.08 (6m).

AB591-ASA1,2,23 (b) The department shall have a person tracked using a global positioning system tracking device if all of the following apply:

AB591-ASA1,3,3 1. The person has been convicted under federal law or the law of any other state of a crime that is comparable to a serious child sex offense or found not guilty of or not responsible for such a crime by reason of mental disease or mental defect.

AB591-ASA1,3,6 2. The person resides in this state, is employed or carrying on a vocation, as defined in s. 301.45 (1d) (a), in this state, or is a student, as defined in s. 301.45 (1d) (c), in this state.

AB591-ASA1,3,9 (c) If a person is placed on probation, extended supervision, or parole for committing a sex offense and par. (a) or (b) does not apply, the department may have the person tracked using a global positioning system tracking device.

AB591-ASA1,3,12 (3) Duties of the department. (a) For each person who is subject to global positioning system tracking under this subsection, the department shall do all of the following:

AB591-ASA1,3,17 1. Create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release.

AB591-ASA1,3,24 2. Ensure that the person's global positioning system tracking device, or any comparable technology used with respect to the person, immediately alerts the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone that is created for him or her under subd. 1. for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone that is created for him or her under subd. 1.

AB591-ASA1,4,4 (b) If a person who is on supervised release or conditional release is being tracked, the department shall notify the department of health and family services, upon request, of any tracking information for the person under any of the following circumstances:

AB591-ASA1,4,7 1. The department of corrections has been alerted under par. (a) 2. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone.

AB591-ASA1,4,9 2. The person being tracked fails to make a payment to the department under sub. (4) (b).

AB591-ASA1,4,11 (4) Costs. (a) The department shall determine all of the following for each person tracked:

AB591-ASA1,4,12 1. The cost of global positioning system tracking for the person.

AB591-ASA1,4,14 2. How much of the cost under subd. 1. the person is able to pay based on the factors listed in par. (d).

AB591-ASA1,4,17 (b) If required by the department, a person who is subject to global positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2.

AB591-ASA1,4,21 (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 2. or 3. applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b).

AB591-ASA1,4,23 (d) In determining how much of the costs the person is able to pay, the department may consider the following:

AB591-ASA1,4,24 1. The person's financial resources.

AB591-ASA1,4,25 2. The present and future earning ability of the person.

AB591-ASA1,5,1 3. The needs and earning ability of the person's dependents.

AB591-ASA1,5,3 4. Any other costs that the person is required to pay in conjunction with his or her supervision by the department or the department of health and family services.

AB591-ASA1,5,4 5. Any other factors that the department considers appropriate.

AB591-ASA1,5,7 (5) Exception to lifetime tracking requirement; underage sexual activity. (a) A person described in sub. (2) (a) 1. or 2. is not subject to tracking under this section if all of the following apply:

AB591-ASA1,5,10 1. The serious child sex offense described in sub. (2) (a) 1. or 2. did not involve sexual intercourse, as defined in s. 948.01 (6), by the use or threat of force or violence and did not involve sexual intercourse with a victim under the age of 12 years.

AB591-ASA1,5,13 2. At the time of the serious child sex offense, the person had not attained the age of 19 years, was not more than 4 years older than the child, and was not more than 4 years younger than the child.

AB591-ASA1,5,15 3. It is not necessary, in the interest of public protection, to subject the person to global positioning system tracking.

AB591-ASA1,5,20 (b) If a person believes that he or she is not subject to global positioning system tracking under par. (a), the person may move a court to make a determination of whether the person satisfies those criteria. A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect.

AB591-ASA1,5,25 (c) A person who files a motion under par. (b) shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's motion to inform the victim of his or her right to make or provide a statement under par. (e).

AB591-ASA1,6,3 (d) A court shall hold a hearing on a motion made by a person under par. (b). The district attorney who receives a copy of a motion under par. (c) may appear at the hearing.