LRBs0272/1
MGD&CMH:lmk:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 591
November 9, 2005 - Offered by Representatives Suder and Kleefisch.
AB591-ASA2,1,5 1An Act to renumber and amend 971.17 (4) (e) and 980.08 (5); to amend 51.42
2(3) (aw) 1. d., 301.03 (19) and 980.08 (6m); and to create 301.03 (20), 301.48,
3946.465, 948.02 (6), 948.025 (4), 971.17 (4) (e) 3., 980.08 (5) (a) and 980.08 (5)
4(e) of the statutes; relating to: global positioning system tracking and a
5residency requirement 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-ASA2, s. 1 6Section 1. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
AB591-ASA2,2,37 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
8conditional release plan approved by a court for a person who is a county resident and
9is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
10release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5)
11(b). If the county department provides treatment and services under this

1subdivision, the department of health and family services shall, from the
2appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the
3treatment and services.
AB591-ASA2, s. 2 4Section 2. 301.03 (19) of the statutes is amended to read:
AB591-ASA2,2,85 301.03 (19) Work Subject to sub. (20), work to minimize, to the greatest extent
6possible, the residential population density of sex offenders, as defined in s. 302.116
7(1) (b), who are on probation, parole, or extended supervision or placed on supervised
8release under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5).
AB591-ASA2, s. 3 9Section 3. 301.03 (20) of the statutes is created to read:
AB591-ASA2,2,1210 301.03 (20) (a) Except as provided in s. 304.06 (2m) (b), place, in one of the
11following locations, each person who has been convicted of a sex offense, as defined
12in s. 301.45 (1d) (b), upon his or her release to parole or extended supervision:
AB591-ASA2,2,1313 1. The county in which the person resided on the date of the sex offense.
AB591-ASA2,2,1414 2. The county in which the person was convicted of the sex offense.
AB591-ASA2,2,1515 3. A sex offender treatment facility.
AB591-ASA2,2,1816 (b) Paragraph (a) does not preclude the department from authorizing a person
17to reside in a location other than one listed in par. (a) 1. to 3. if the department
18initially placed the person in one of those listed locations.
AB591-ASA2, s. 4 19Section 4. 301.48 of the statutes is created to read:
AB591-ASA2,2,21 20301.48 Global positioning system tracking and residency requirement
21for certain sex offenders.
(1) Definitions. In this section:
AB591-ASA2,2,2422 (a) "Exclusion zone" means a zone in which a person who is tracked using a
23global positioning system tracking device is prohibited from entering except for
24purposes of traveling through it to get to another destination.
AB591-ASA2,3,5
1(b) "Global positioning system tracking" means tracking using a system that
2actively monitors and identifies a person's location and timely reports or records the
3person's presence near or at a crime scene or in an exclusion zone or the person's
4departure from an inclusion zone. "Global positioning system tracking" includes
5comparable technology.
AB591-ASA2,3,76 (c) "Inclusion zone" means a zone in which a person who is tracked using a
7global positioning system tracking device is prohibited from leaving.
AB591-ASA2,3,118 (d) "Lifetime tracking" means global positioning system tracking that is
9required for a person for the remainder of the person's life or until terminated under
10sub. (6). "Lifetime tracking" does not include global positioning system tracking
11under sub. (2) (b) or (c), regardless of how long it is required.
AB591-ASA2,3,1212 (e) "Serious child sex offense" means any of the following:
AB591-ASA2,3,1313 1. A violation of s. 948.02 (1) or 948.025 (1) (a).
AB591-ASA2,3,1514 2. A violation of s. 948.02 (2) or 948.025 (1) (b), if the court makes a finding
15under s. 948.02 (6) or 948.025 (4) (b).
AB591-ASA2,3,1616 (f) "Sex offense" means any of the following:
AB591-ASA2,3,1717 1. A sex offense, as defined in s. 301.45 (1d) (b).
AB591-ASA2,3,1918 2. A crime under federal law or the law of any state that is comparable to a crime
19described in subd. 1.
AB591-ASA2,3,21 20(2) Who is covered. (a) The department shall arrange for lifetime tracking of
21all of the following:
AB591-ASA2,3,2422 1. Any person who is placed on probation, extended supervision, or parole for
23committing a serious child sex offense, unless a court exempts the person from
24lifetime tracking under sub. (5).
AB591-ASA2,4,3
12. Any person who is placed on conditional release after having been found not
2guilty of a serious child sex offense by reason of mental disease or mental defect,
3unless a court exempts the person from lifetime tracking under sub. (5).
AB591-ASA2,4,44 3. Any person who is placed on supervised release under s. 980.08 (6m).
AB591-ASA2,4,65 (b) The department shall have a person tracked using a global positioning
6system tracking device if all of the following apply:
AB591-ASA2,4,97 1. The person has been convicted under federal law or the law of any other state
8of a crime that is comparable to a serious child sex offense or found not guilty of or
9not responsible for such a crime by reason of mental disease or mental defect.
AB591-ASA2,4,1210 2. The person resides in this state, is employed or carrying on a vocation, as
11defined in s. 301.45 (1d) (a), in this state, or is a student, as defined in s. 301.45 (1d)
12(c), in this state.
AB591-ASA2,4,1513 (c) If a person is placed on probation, extended supervision, or parole for
14committing a sex offense and par. (a) or (b) does not apply, the department may have
15the person tracked using a global positioning system tracking device.
AB591-ASA2,4,18 16(3) Duties of the department. (a) For each person who is subject to global
17positioning system tracking under this subsection, the department shall do all of the
18following:
AB591-ASA2,4,2319 1. Create individualized exclusion and inclusion zones for the person, if
20necessary to protect public safety. In creating exclusion zones, the department shall
21focus on areas where children congregate, with perimeters of 100 to 250 feet, and on
22areas where the person has been prohibited from going as a condition of probation,
23extended supervision, parole, conditional release, or supervised release.
AB591-ASA2,5,524 2. Ensure that the person's global positioning system tracking device, or any
25comparable technology used with respect to the person, immediately alerts the

1department and the local law enforcement agency having jurisdiction over the
2exclusion or inclusion zone if the person stays in any exclusion zone that is created
3for him or her under subd. 1. for any longer period than the time needed to travel
4through the zone to get to another destination or if the person leaves any inclusion
5zone that is created for him or her under subd. 1.
AB591-ASA2,5,96 (b) If a person who is on supervised release or conditional release is being
7tracked, the department shall notify the department of health and family services,
8upon request, of any tracking information for the person under any of the following
9circumstances:
AB591-ASA2,5,1210 1. The department of corrections has been alerted under par. (a) 2. that the
11person being tracked has improperly stayed in an exclusion zone or improperly left
12an inclusion zone.
AB591-ASA2,5,1413 2. The person being tracked fails to make a payment to the department under
14sub. (4) (b).
AB591-ASA2,5,16 15(4) Costs. (a) The department shall determine all of the following for each
16person tracked:
AB591-ASA2,5,1717 1. The cost of global positioning system tracking for the person.
AB591-ASA2,5,1918 2. How much of the cost under subd. 1. the person is able to pay based on the
19factors listed in par. (d).
AB591-ASA2,5,2220 (b) If required by the department, a person who is subject to global positioning
21system tracking shall pay for the cost of tracking up to the amount calculated for the
22person under par. (a) 2.
AB591-ASA2,6,223 (c) The department of health and family services shall pay for the cost of
24tracking a person to whom sub. (2) (a) 2. or 3. applies while the person is on

1conditional release or supervised release to the extent that the cost is not covered by
2payments made by the person under par. (b).
AB591-ASA2,6,43 (d) In determining how much of the costs the person is able to pay, the
4department may consider the following:
AB591-ASA2,6,55 1. The person's financial resources.
AB591-ASA2,6,66 2. The present and future earning ability of the person.
AB591-ASA2,6,77 3. The needs and earning ability of the person's dependents.
AB591-ASA2,6,98 4. Any other costs that the person is required to pay in conjunction with his or
9her supervision by the department or the department of health and family services.
AB591-ASA2,6,1010 5. Any other factors that the department considers appropriate.
AB591-ASA2,6,13 11(5) Exception to lifetime tracking requirement; underage sexual activity.
12(a) A person described in sub. (2) (a) 1. or 2. is not subject to tracking under this
13section if all of the following apply:
AB591-ASA2,6,1614 1. The serious child sex offense described in sub. (2) (a) 1. or 2. did not involve
15sexual intercourse, as defined in s. 948.01 (6), by the use or threat of force or violence
16and did not involve sexual intercourse with a victim under the age of 12 years.
AB591-ASA2,6,1917 2. At the time of the serious child sex offense, the person had not attained the
18age of 19 years, was not more than 4 years older than the child, and was not more
19than 4 years younger than the child.
AB591-ASA2,6,2120 3. It is not necessary, in the interest of public protection, to subject the person
21to global positioning system tracking.
AB591-ASA2,7,222 (b) If a person believes that he or she is not subject to global positioning system
23tracking under par. (a), the person may move a court to make a determination of
24whether the person satisfies those criteria. A motion made under this paragraph

1shall be filed with the circuit court for the county in which the person was convicted
2or found not guilty or not responsible by reason of mental disease or defect.
AB591-ASA2,7,73 (c) A person who files a motion under par. (b) shall send a copy of the motion
4to the district attorney for the county in which the motion is filed. The district
5attorney shall make a reasonable attempt to contact the victim of the crime that is
6the subject of the person's motion to inform the victim of his or her right to make or
7provide a statement under par. (e).
AB591-ASA2,7,108 (d) A court shall hold a hearing on a motion made by a person under par. (b).
9The district attorney who receives a copy of a motion under par. (c) may appear at
10the hearing.
AB591-ASA2,7,1511 (e) Before deciding a motion filed under par. (b), the court shall allow the victim
12of the serious child sex offense described in sub. (2) (a) 1. or 2. to make a statement
13in court at the hearing under par. (d) or to submit a written statement to the court.
14A statement under this paragraph must be relevant to whether the person satisfies
15the criteria specified in par. (a).
AB591-ASA2,7,2016 (f) 1. Before deciding a motion filed by a person under par. (b), a court may
17request the person to be examined by a physician or a psychologist licensed under
18ch. 445 and who is approved by the court. If the person refuses to undergo an
19examination requested by the court under this subdivision, the court shall deny the
20person's motion without prejudice.
AB591-ASA2,8,321 2. If a person is examined by a physician or a psychologist under subd. 1., the
22physician or psychologist shall file a report of his or her examination with the court,
23and the court shall provide copies of the report to the person and, if he or she requests
24a copy, to the district attorney. The contents of the report shall be confidential until
25the physician or psychologist has testified at the hearing held under par. (d). The

1report shall contain an opinion regarding whether it would be in the interest of public
2protection to have the person subject to global positioning system tracking and the
3basis for that opinion.
AB591-ASA2,8,124 3. A person who is examined by a physician or psychologist under subd. 1. is
5responsible for paying the cost of the services provided by the physician or
6psychologist, except that if the person is indigent the cost of the services provided by
7the physician or psychologist shall be paid by the county. If the person claims or
8appears to be indigent, the court shall refer the person to the authority for indigency
9determinations under s. 977.07 (1), except that the person shall be considered
10indigent without another determination under s. 977.07 (1) if the person is
11represented by the state public defender or by a private attorney appointed under
12s. 977.08.
AB591-ASA2,8,1613 (g) At the hearing held under par. (d), the person who filed the motion under
14par. (b) has the burden of proving by clear and convincing evidence that he or she
15satisfies the criteria specified in par. (a). In deciding whether the person has satisfied
16the criterion specified in par. (a) 3., the court may consider any of the following:
AB591-ASA2,8,1817 1. The ages, at the time of the violation, of the person and of the child with whom
18the person had sexual contact or sexual intercourse.
AB591-ASA2,8,2019 2. The relationship between the person and the child with whom the person had
20sexual contact or sexual intercourse.
AB591-ASA2,8,2221 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
22the child with whom the person had sexual contact or sexual intercourse.
AB591-ASA2,9,223 4. Whether the child with whom the person had sexual contact or sexual
24intercourse suffered from a mental illness or mental deficiency that rendered the

1child temporarily or permanently incapable of understanding or evaluating the
2consequences of his or her actions.
AB591-ASA2,9,33 5. The probability that the person will commit other violations in the future.
AB591-ASA2,9,44 6. The report of the examination conducted under par. (f).
AB591-ASA2,9,65 7. Any other factor that the court determines may be relevant to the particular
6case.
AB591-ASA2,9,11 7(6) Offender's petition to terminate lifetime tracking. (a) Subject to par. (b),
8a person who is subject to lifetime tracking may file a petition requesting that
9lifetime tracking be terminated. A person shall file a petition requesting termination
10of lifetime tracking with the circuit court for the county in which the person was
11convicted or found not guilty or not responsible by reason of mental disease or defect.
AB591-ASA2,9,1412 (b) 1. A person may not file a petition requesting termination of lifetime
13tracking if he or she has been convicted of a crime that was committed during the
14period of lifetime tracking.
AB591-ASA2,9,1915 2. A person may not file a petition requesting termination of lifetime tracking
16earlier than 20 years after the date on which the period of lifetime tracking began.
17If a person files a petition requesting termination of lifetime tracking at any time
18earlier than 20 years after the date on which the period of lifetime tracking began,
19the court shall deny the petition without a hearing.
AB591-ASA2,9,2120 3. A person described in sub. (2) (a) 3. may not file a petition requesting
21termination of lifetime tracking.
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