SB182: Bill Text

LRB-0356/5

JEO:skg:aj

1995 - 1996 LEGISLATURE

1995 Senate BILL 182

May 10, 1995 - Introduced by Senators Darling, Huelsman, Rude, Rosenzweig, Drzewiecki, Petak, A. Lasee, Cowles, Weeden and Farrow, cosponsored by Representatives Schneiders, Ladwig, Goetsch, Porter, Gard, Duff, Ott, Brandemuehl, Urban, Underheim, Hanson, Krusick, Ward, Musser, Skindrud, Coleman, Handrick, Ryba, Jensen, Plache, Riley, Kreibich, Klusman, Lazich, Seratti, Robson, Meyer, Albers, Hasenohrl, La Fave, Dobyns, Gunderson, Owens, Black, Kaufert, Olsen, Grobschmidt, Coggs, Carpenter, Green, Baldus, Ainsworth, Otte, Hutchison, Ourada, Grothman and Freese. Referred to Committee on Judiciary.

SB182,2,5 An Act to renumber 175.45 (title), 175.45 (1) (intro.), 175.45 (3) (title), 175.45 (3) (a) (intro.), 175.45 (6), 980.11 (2) (a), 980.11 (2) (b) and 980.11 (2) (c); to renumber and amend 175.45 (1) (a), 175.45 (1) (b), 175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45 (2) (title), 175.45 (2), 175.45 (3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45 (3) (a) 4., 175.45 (3) (b), 175.45 (4), 175.45 (5), 175.45 (7), 175.45 (8), 175.45 (9), 971.17 (1m), 971.17 (4m) (b) and 971.17 (6m) (b); to amend 48.185 (3), 48.34 (intro.), 48.34 (15) (title), 48.34 (15) (a) 1., 48.34 (15) (a) 2., 51.20 (13) (cr), 165.76 (3), 165.77 (2) (b), 165.77 (3), 950.045, 971.17 (4m) (title), 971.17 (4m) (c), 971.17 (4m) (d), 971.17 (6m) (title), 971.17 (6m) (c), 971.17 (6m) (d), 971.19 (9), 973.047 (title), 973.047 (1) (a), 973.047 (1) (b), 980.11 (title), 980.11 (2) (intro.), 980.11 (3) and 980.11 (4); and to create 48.34 (16), 48.396 (2) (f), 48.78 (2) (f), 51.20 (13) (ct), 51.30 (3) (d), 51.30 (4) (b) 24., 165.8285, 301.45 (1) (bm), 301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1) (dp), 301.45 (1) (dt), 301.45 (2) (a), 301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e), 301.45 (3) (a) 1m., 301.45 (3) (a) 2m., 301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45 (3) (b) 3., 301.45 (5) (a) 1m., 301.45 (5) (a) 3m., 301.45 (5) (b), 301.45 (6) (c), 301.46, 939.646, 971.17 (1m) (b), 971.17 (4m) (b) 2., 971.17 (6m) (b) 2., 973.048 and 980.11 (2) (bm) of the statutes; relating to: sex offender registration requirements, the release to certain persons of information concerning sex offenders required to register, requiring persons who are found to be sexually violent persons to provide biological specimens for deoxyribonucleic acid analysis, granting rule-making authority, making an appropriation and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes changes in current law relating to the registration of sex offenders, creates provisions allowing for the release to certain persons of information concerning sex offenders who are required to register and requires persons who are found to be sexually violent persons to submit a biological sample for deoxyribonucleic acid (DNA) analysis. Specifically, the provisions of current law and the changes made by this bill are as follows:

Sex offender registration

Under current law, a person must comply with sex offender registration requirements if, on or after December 25, 1993, he or she is: 1) convicted, adjudicated delinquent or found in need of protection or services for first or 2nd degree sexual assault of an adult or a child or repeated sexual assaults of the same child; 2) in prison or a secured correctional facility or on probation, parole, supervision or aftercare supervision for first or 2nd degree sexual assault of an adult or a child or repeated sexual assaults of the same child; 3) committed for treatment after being found not guilty or not responsible by reason of mental disease or defect of first or 2nd degree sexual assault of an adult or a child or repeated sexual assaults of the same child; 4) in institutional care or on conditional transfer or conditional release for first or 2nd degree sexual assault of an adult or a child or repeated sexual assaults of the same child; or 5) convicted or adjudicated delinquent for a violation of certain property crimes or of a crime against a child, sexual morality or life and bodily security, if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person comply with the sex offender registration requirements.

A person required to register must begin complying with the registration requirement after being: 1) discharged from probation, parole or other supervision; 2) discharged or terminated from a commitment for treatment; or 3) sentenced or receiving a disposition, if he or she is not on probation, parole or other supervision or is not under a commitment for treatment. The person must register once each calendar year with the department of justice (DOJ) and provide DOJ with information about his or her home address, place of school enrollment, place of employment and employment duties. If any of this information changes, the person must inform DOJ and provide updated information within 14 days after the change occurs. DOJ is required to keep this registry information confidential except as needed for law enforcement purposes.

A person required under current law to register must register for a period of 15 years following his or her: 1) discharge from probation, parole, or other supervised release; 2) discharge or termination from a commitment for treatment; or 3) being sentenced or receiving a disposition, if he or she is not on probation, parole or other supervision or is not under a commitment for treatment. If a person who is required to register does not do so, he or she may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

This bill makes the following changes to the current sex offender registration requirements:

1. The bill transfers responsibility for administering the sex offender registration requirements to the department of corrections (DOC) from DOJ.

2. The bill expands the list of crimes covered by the registration requirements to include, in addition to the crimes covered under current law, all of the following: 3rd degree sexual assault of an adult; sexual exploitation by a therapist; forced viewing of sexual activity; incest with a child; sexual exploitation of a child; child enticement; and soliciting a child for prostitution. The bill also includes in the list of crimes covered by the registration requirements crimes that have been repealed but that are comparable to the crimes added by the bill and the crimes specified under current law. Finally, the bill includes in the list of crimes covered by the registration requirements the solicitation, conspiracy or attempt to commit the crimes added by the bill and the crimes specified under current law.

3. The bill adds the following persons to the list of persons who are subject to the registration requirements: a) a person committed for specialized treatment under the sex crimes law; b) a person committed for treatment as a sexually violent person; and c) a person who is on probation or parole in this state after being convicted in another state of a crime that is comparable to a crime covered by the registration requirements.

4. This bill requires an agency that has supervision over a person who is required to register to provide the required registration information to DOC. The person required to register must assist the agency supervising him or her. If a person who is required to register is not being supervised by an agency, he or she must provide the required information to DOC. If DOC is the agency supervising the person, DOC must enter the required registration information into the registry.

5. The bill expands the information required to be provided on registration. In addition to the information a person must provide under current law, a person required to register, or the agency supervising him or her, must provide information about all of the following: a) any motor vehicle the person owns or that is registered in his or her name; b) identifying information, such as height, weight and hair and eye color; c) the statute the person violated and the date and place of his or her conviction, adjudication or commitment; d) the date the person was released from confinement or placed on supervision; and e) the name of the agency supervising the person.

6. The bill provides that a person must comply with the registration requirements until his or her death if the person: a) has, on 2 or more separate occasions, been convicted or found not guilty by reason of mental disease or defect of a crime covered by the registration requirements; or b) has been committed for treatment as a sexually violent predator.

7. The bill provides that a person required to register must begin complying with the registration requirement upon being placed on probation, parole or other supervised release, instead of upon being discharged from probation, parole or other supervised release. Under the bill, the person must continue to register for a period of 15 years following his or her discharge from probation, parole or other supervised release.

8. The bill specifies that a person required to register must do so within 10 days after being placed on probation, parole or other supervised release, within 10 days after being sentenced or, if he or she is being released from confinement, at least 10 days before he or she is released.

9. The bill requires DOC to provide access to information in the sex offender registry or notify certain agencies and individuals that a person has registered with DOC as a sex offender and, in some cases, that a person has updated registration information. Specifically, the bill provides for notification of the following persons in the manner described:

a) DOC must make information in the sex offender registry available to the police chief of a community and the sheriff of a county in which a registered person is residing, working or going to school. DOC must make the information available at the time the person registers and whenever the person provides updated information to DOC. In addition, a police chief and sheriff may at any time request from DOC information about a person required to register. The information that DOC must make available or provide to a police chief or sheriff includes the person's name and aliases, the person's address and place of employment, the crime the person committed and, if the person is on probation, parole or other supervision, the unit or agency that is supervising the person.

b) DOC must notify the victim of the registered person's offense or, in some cases, the family of the victim. A victim is entitled to receive notification from DOC at the time the person registers and whenever the person provides updated information to DOC. In addition to the required notices, a victim may at any time request from DOC information about the person required to register. The information that DOC must provide to a victim in a notice includes the registered person's address and a description of his or her motor vehicle. Upon request, a victim is entitled to the same information that is provided to a police chief and sheriff.

c) Upon request, DOC must provide information concerning registered persons to certain specified entities, including the departments of public instruction and health and social services, schools, county social service agencies, child welfare agencies, day care providers and other community-based organizations, such as the Boy Scouts and Girl Scouts. The entity may request information concerning a specific person or concerning all persons who are required to register and who are living, working or going to school in the entity's or organization's community, district, jurisdiction or other applicable geographical area of activity. The information that DOC must provide to an entity or community-based organization is limited to the person's name and aliases; the date and place of the person's conviction, adjudication or commitment; the make, model and license number of the person's car; and the most recent date on which the information was updated.

d) A police chief or sheriff may provide information about a specific person required to be registered to a member of the general public not otherwise entitled to notice or access if the member of the public requests the information about a specific person, if the member of the general public states his or her purpose for requesting the information and if the police chief believes that providing the information is necessary to protect the public. The information provided to the general public is limited to the person's name and aliases; the date and place of the person's conviction, adjudication or commitment; the make, model and license number of the person's car; and the most recent date on which the information was updated.

The bill provides immunity from civil liability for any act or omission relating to the release of information under the notification provisions of the bill unless the person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct. Finally, the bill also provides that if a person commits a felony using information obtained under the notification provisions of the bill the maximum term of imprisonment for the felony that he or she committed may be increased up to 5 years. If a person commits a misdemeanor using information obtained under the notification provisions of the bill, the maximum fine for the misdemeanor that he or she committed may be increased by $1,000.

Notification concerning placement or release of certain persons by an agency placing or releasing the person

Current law requires that, before releasing certain offenders or placing certain offenders in a community setting, the agency releasing or placing the offender (either DOC or the department of health and social services (DHSS)) must notify local law enforcement officials of the community in which the offender will be residing or placed and, in some cases, the victim of the offender or the victim's family. Current law requires such notification concerning certain offenders in the following cases: 1) release on parole of an offender who is in prison; 2) release of an offender who is in prison and who has reached the expiration date of his or her sentence; 3) placement of certain offenders in the community residential confinement program or the intensive sanctions program; 4) release of an offender who has been found not guilty of a crime by reason of mental disease or defect when the offender is placed on conditional release or discharged from the commitment; and 5) release of an offender who has been involuntarily committed for treatment as a sexually violent person when the offender is placed on supervised release or discharged from his or her commitment. Under this bill, DHSS must notify DOC that it is releasing an offender or placing an offender in a community setting.

The bill also requires DOC or DHSS to send a bulletin to local law enforcement officials if the agency is going to place or release into a community a person who is subject to the sex offender registration requirements and who has committed crimes covered by the bill on 2 or more occasions. The bill also authorizes, but does not require, DOC or DHSS to send a bulletin concerning a person who is subject to the sex offender registration requirements for having committed a crime covered by the bill on only one occasion, if the agency determines that sending the bulletin is necessary for public protection. The bill requires DOC or DHSS to send the bulletin to the police chief of any community and the sheriff of any county in which the person will be living, working or going to school. The bulletin must include the person's name and aliases, the person's address and place of employment, the crime the person committed and, if the person is on probation, parole or other supervision, the unit or agency that is supervising the person. In addition, the bulletin may include any other information that DOC or DHSS determines is necessary to help law enforcement officials protect the public. A police chief or sheriff who receives a bulletin from DOC or DHSS may provide any of the information in the bulletin to persons entitled to receive notices or access to information under the sex offender registration requirements if, in the opinion of the police chief or sheriff, the information in the bulletin is necessary for public protection.

Submission of biological sample by a person found to be a sexually violent person

Current law provides for a procedure for the involuntary commitment for treatment of a person who is found to be a sexually violent person. This bill requires a person who has been found to be a sexually violent person to provide a biological sample to the state crime laboratories for DNA analysis. Current law requires biological specimens for DNA analysis only from persons who are convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect for certain sex offenses.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB182, s. 1 Section 1. 48.185 (3) of the statutes is amended to read:

SB182,6,6 48.185 (3) Venue for a proceeding under s. 48.12 or 48.13 (12) based on an alleged violation of s. 175.45 301.45 (6) may be in the child's county of residence at the time that the petition is filed or, if the child does not have a county of residence in this state at the time that the petition is filed, any county in which the child has resided while subject to s. 175.45 301.45.

SB182, s. 2 Section 2. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

SB182,7,7 48.34 Disposition of child adjudged delinquent. (intro.) If the judge adjudges a child delinquent, he or she shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. Subsections (4m) and (8) are exclusive dispositions, except that either disposition may be combined with the disposition under sub. (4p), (5), (7m) or, (15) or (16) and a disposition under sub. (4m) must be combined with a disposition under sub. (4n). The dispositions under this section are:

SB182, s. 3 Section 3. 48.34 (15) (title) of the statutes is amended to read:

SB182,7,10 48.34 (15) (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182, s. 4 Section 4. 48.34 (15) (a) 1. of the statutes is amended to read:

SB182,7,20 48.34 (15) (a) 1. If the child is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the child to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the child to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the child to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the child report under s. 175.45.

SB182, s. 5 Section 5. 48.34 (15) (a) 2. of the statutes is amended to read:

SB182,8,4 48.34 (15) (a) 2. Except as provided in subd. 1., if the child is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the child to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the child report under s. 175.45.

SB182, s. 6 Section 6. 48.34 (16) of the statutes is created to read:

SB182,8,10 48.34 (16) Sex offender reporting requirements. (a) If the child is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182,8,17 (b) Except as provided in par. (a), if the child is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the child report under s. 301.45.

SB182, s. 7 Section 7. 48.396 (2) (f) of the statutes is created to read:

SB182,9,2 48.396 (2) (f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.