Amendment SSA1-AB591

AB591-SSA1,3,2 3. A sex offender treatment facility that existed before January 1, 2006.

AB591-SSA1,3,5 (b) Paragraph (a) does not preclude the department from authorizing a person to reside in a location other than one listed in par. (a) 1. to 3. if the department initially placed the person in one of those listed locations.

AB591-SSA1, s. 6 Section 6. 301.46 (5) (bm) of the statutes is created to read:

AB591-SSA1,3,9 301.46 (5) (bm) The department shall provide on the Internet site required under sub. (5n) the following information concerning persons registered under s. 301.45:

AB591-SSA1,3,11 1. If the person is a sexually violent person, as defined in s. 980.01 (7), a notice, written in red letters, of that status.

AB591-SSA1,3,13 2. A current color photograph of the person, if available, and a physical description including sex, race, height, weight, eye color, and hair color.

AB591-SSA1,3,14 3. The person's name and home address.

AB591-SSA1,3,16 4. Whether the person has responded to the last contact letter from the department.

AB591-SSA1,3,17 5. The crime committed for which the person must register.

AB591-SSA1,3,20 6. Any conditions of the person's supervised release, except for any condition that may reveal the identity of the victim of the crime that the person committed for which he or she must register.

AB591-SSA1,3,22 7. The date, time, and place of any scheduled hearings for supervised release or discharge under ch. 980.

AB591-SSA1,3,24 8. The name and court of the judge who authorized supervised release or discharge for the person.

AB591-SSA1,3,25 9. The most recent date on which the information was updated.

AB591-SSA1, s. 7 Section 7. 301.46 (5) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 5, is amended to read:

AB591-SSA1,4,4 301.46 (5) (c) (intro.) The department may not provide any of the following under par. (a) or (bm):

AB591-SSA1, s. 8 Section 8. 301.48 of the statutes is created to read:

AB591-SSA1,4,7 301.48 Global positioning system tracking and residency requirement for certain sex offenders. (1) Definitions. In this section:

AB591-SSA1,4,10 (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 it to get to another destination.

AB591-SSA1,4,15 (b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies a person's location and timely reports or records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.

AB591-SSA1,4,17 (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-SSA1,4,22 (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), if applicable, or sub. (7). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (c) or (d), regardless of how long it is required.

AB591-SSA1,4,25 (e) "Serious child sex offense" means a violation any of the following statutes and includes the solicitation, conspiracy, or attempt to engage in conduct in violation of any of the following statutes:

AB591-SSA1,5,1 1. Section 948.02 (1) or 948.025 (1) (a).

AB591-SSA1,5,3 2. Section 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-SSA1,5,4 (f) "Sex offense" means any of the following:

AB591-SSA1,5,5 1. A sex offense, as defined in s. 301.45 (1d) (b).

AB591-SSA1,5,7 2. A crime under federal law or the law of any state that is comparable to a crime described in subd. 1.

AB591-SSA1,5,11 (2) Who is covered. (a) Unless a court exempts the person under sub. (5), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after the effective date of this paragraph .... [revisor inserts date]:

AB591-SSA1,5,13 1. A court places the person on probation for committing a serious child sex offense.

AB591-SSA1,5,15 2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a serious child sex offense.

AB591-SSA1,5,17 3. The department releases the person from prison upon the completion of a sentence imposed for a serious child sex offense.

AB591-SSA1,5,19 4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.

AB591-SSA1,5,23 5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under s. 971.17 (6). This subdivision does not apply if the person was on conditional release immediately before being discharged.

AB591-SSA1,6,3 (b) The department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after the effective date of this paragraph .... [revisor inserts date]:

AB591-SSA1,6,4 1. A court places the person on supervised release under s. 980.08 (6m).

AB591-SSA1,6,7 2. A court discharges the person under s. 980.09 or 980.10. This subdivision does not apply if the person was on supervised release immediately before being discharged.

AB591-SSA1,6,11 3. The department of health and family services places the person on parole or discharges the person under ch. 975. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.

AB591-SSA1,6,13 (c) The department shall have a person tracked using a global positioning system tracking device if all of the following apply:

AB591-SSA1,6,16 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-SSA1,6,19 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-SSA1,6,24 (d) If, on or after the effective date of this paragraph .... [revisor inserts date], a person is being placed on probation, extended supervision, or parole for committing a sex offense and par. (a), (b), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole.

AB591-SSA1,7,4 (3) Functions and operation of tracking program. (a) The department shall implement a continuous global positioning tracking system to electronically monitor the whereabouts of persons who are subject to this section. The system shall do all of the following:

AB591-SSA1,7,10 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

AB591-SSA1,7,13 2. Use land line communications equipment to transmit information regarding the location of persons who are subject to this section when they are in areas in which no commercial cellular service is available.

AB591-SSA1,7,17 3. Immediately alert the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone 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.

AB591-SSA1,7,20 (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services for purposes of this section.

AB591-SSA1,8,3 (c) For each person who is subject to global positioning system tracking under this section, the department shall 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. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7).

AB591-SSA1,8,7 (d) 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-SSA1,8,10 1. The department of corrections has been alerted under par. (a) 3. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone.

AB591-SSA1,8,12 2. The person being tracked fails to make a payment to the department under sub. (4) (b).

AB591-SSA1,8,14 (4) Costs. (a) The department shall determine all of the following for each person tracked:

AB591-SSA1,8,15 1. The cost of global positioning system tracking for the person.

AB591-SSA1,8,17 2. How much of the cost under subd. 1. the person is able to pay based on the factors listed in par. (d).

AB591-SSA1,8,20 (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-SSA1,8,24 (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) 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-SSA1,9,2 (d) In determining how much of the costs the person is able to pay, the department may consider the following:

AB591-SSA1,9,3 1. The person's financial resources.

AB591-SSA1,9,4 2. The present and future earning ability of the person.

AB591-SSA1,9,5 3. The needs and earning ability of the person's dependents.

AB591-SSA1,9,7 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-SSA1,9,8 5. Any other factors that the department considers appropriate.

AB591-SSA1,9,11 (5) Exception to lifetime tracking requirement; underage sexual activity. (a) A person described in sub. (2) (a) is not subject to tracking under this section if all of the following apply:

AB591-SSA1,9,14 1. The serious child sex offense described in sub. (2) (a) 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-SSA1,9,17 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-SSA1,9,19 3. It is not necessary, in the interest of public protection, to subject the person to global positioning system tracking.

AB591-SSA1,9,24 (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-SSA1,10,5 (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-SSA1,10,8 (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.

AB591-SSA1,10,13 (e) Before deciding a motion filed under par. (b), the court shall allow the victim of the serious child sex offense described in sub. (2) (a) to make a statement in court at the hearing under par. (d) or to submit a written statement to the court. A statement under this paragraph must be relevant to whether the person satisfies the criteria specified in par. (a).

AB591-SSA1,10,18 (f) 1. Before deciding a motion filed by a person under par. (b), a court may request the person to be examined by a physician or a psychologist licensed under ch. 445 and who is approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's motion without prejudice.

AB591-SSA1,11,2 2. If a person is examined by a physician or a psychologist under subd. 1., the physician or psychologist shall file a report of his or her examination with the court, and the court shall provide copies of the report to the person and, if he or she requests a copy, to the district attorney. The contents of the report shall be confidential until the physician or psychologist has testified at the hearing held under par. (d). The report shall contain an opinion regarding whether it would be in the interest of public protection to have the person subject to global positioning system tracking and the basis for that opinion.

AB591-SSA1,11,11 3. A person who is examined by a physician or psychologist under subd. 1. is responsible for paying the cost of the services provided by the physician or psychologist, except that if the person is indigent the cost of the services provided by the physician or psychologist shall be paid by the county. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under s. 977.07 (1), except that the person shall be considered indigent without another determination under s. 977.07 (1) if the person is represented by the state public defender or by a private attorney appointed under s. 977.08.

AB591-SSA1,11,15 (g) At the hearing held under par. (d), the person who filed the motion under par. (b) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a). In deciding whether the person has satisfied the criterion specified in par. (a) 3., the court may consider any of the following:

AB591-SSA1,11,17 1. The ages, at the time of the violation, of the person and of the child with whom the person had sexual contact or sexual intercourse.

AB591-SSA1,11,19 2. The relationship between the person and the child with whom the person had sexual contact or sexual intercourse.

AB591-SSA1,11,21 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the child with whom the person had sexual contact or sexual intercourse.

AB591-SSA1,11,25 4. Whether the child with whom the person had sexual contact or sexual intercourse suffered from a mental illness or mental deficiency that rendered the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB591-SSA1,12,1 5. The probability that the person will commit other violations in the future.

AB591-SSA1,12,2 6. The report of the examination conducted under par. (f).

AB591-SSA1,12,4 7. Any other factor that the court determines may be relevant to the particular case.

AB591-SSA1,12,9 (6) Offender's petition to terminate lifetime tracking. (a) Subject to par. (b), a person who is subject to lifetime tracking may file a petition requesting that lifetime tracking be terminated. A person shall file a petition requesting termination of lifetime tracking 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-SSA1,12,12 (b) 1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.

AB591-SSA1,12,17 2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.

AB591-SSA1,12,19 3. A person described in sub. (2) (b) may not file a petition requesting termination of lifetime tracking.

AB591-SSA1,13,3 (c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

AB591-SSA1,13,6 (d) After reviewing a report submitted under par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:

AB591-SSA1,13,9 1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.

AB591-SSA1,13,14 2. If the report indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (f) and shall schedule a hearing on the petition to be conducted as provided under par. (g).

AB591-SSA1,14,2 (e) A person filing a petition requesting termination of lifetime tracking who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime tracking is a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (g). The person petitioning for termination of lifetime tracking shall pay the cost of an examination required under this paragraph.