SB182: Bill Text

SB182,14,21 301.45 (3) (a) 1. If the person has been placed on probation or supervision, he or she is subject to this subsection after he or she is discharged from upon being placed on probation or supervision.

SB182, s. 33 Section 33. 175.45 (3) (a) 2. of the statutes is renumbered 301.45 (3) (a) 2. and amended to read:

SB182,15,3 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she is subject to this subsection after he or she is discharged from upon being released on parole or aftercare supervision.

SB182, s. 34 Section 34. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and amended to read:

SB182,15,10 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he or she is subject to this subsection after upon being placed on conditional release under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).

SB182, s. 35 Section 35. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and amended to read:

SB182,15,14 301.45 (3) (a) 4. If subd. 1., 1m., 2. or, 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

SB182, s. 36 Section 36. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and amended to read:

SB182,15,20 301.45 (3) (b) 1. A person who is subject to par. (a) shall notify the department of justice once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement.

SB182,16,4 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of this requirement prior to the client's expected date of discharge from the need to comply with this section at the time the client is placed on probation, parole, supervision or aftercare supervision or, if the client is on probation or parole from another state under s. 304.13 or 304.135, when the client enters this state.

SB182,16,7 4. Failure to receive this notice from the department of health and social services, the department of corrections, a probation and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

SB182, s. 37 Section 37. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended to read:

SB182,16,13 301.45 (4) Updated information. In addition to the requirements under sub. (3), whenever any of the information under sub. (2) (a) changes, the person shall provide the department of justice with the updated information within 14 10 days after the change occurs.

SB182, s. 38 Section 38. 175.45 (5) of the statutes is renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are amended to read:

SB182,16,18 301.45 (5) (a) (intro.) A Except as provided in par. (b), a person who is covered under sub. (1) no longer has to comply with this section when the following applicable criterion is met:

SB182,16,20 2. If the person has been sentenced to prison or placed in a secured correctional facility, 15 years after discharge from prison, parole or aftercare supervision.

SB182,16,22 4. If par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after the date of conviction or disposition.

SB182, s. 39 Section 39. 175.45 (6) of the statutes is renumbered 301.45 (6).

SB182, s. 40 Section 40. 175.45 (7) of the statutes is renumbered 301.45 (7), and 301.45 (7) (title), (a) and (c) (intro.), as renumbered, are amended to read:

SB182,17,5 301.45 (7) (title) Department of justice; information Information maintenance and expungement. (a) The department of justice shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and except as needed for law enforcement purposes.

SB182,17,11 (c) (intro.) A person who has provided about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent departmental information in the registry on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:

SB182, s. 41 Section 41. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

SB182,17,15 301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section.

SB182, s. 42 Section 42. 175.45 (9) of the statutes is renumbered 301.45 (9) and amended to read:

SB182,17,20 301.45 (9) Cooperation. The departments of corrections and department of health and social services and a circuit court shall cooperate with the department of justice corrections in obtaining information under this section.

SB182, s. 43 Section 43. 301.45 (1) (bm) of the statutes is created to read:

SB182,18,2 301.45 (1) (bm) Is in prison or a secured correctional facility or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 44 Section 44. 301.45 (1) (dd) of the statutes is created to read:

SB182,18,8 301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 45 Section 45. 301.45 (1) (dh) of the statutes is created to read:

SB182,18,14 301.45 (1) (dh) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 46 Section 46. 301.45 (1) (dp) of the statutes is created to read:

SB182,18,17 301.45 (1) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975 on or after December 25, 1993.

SB182, s. 47 Section 47. 301.45 (1) (dt) of the statutes is created to read:

SB182,18,20 301.45 (1) (dt) Is in institutional care or on conditional release under ch. 980 on or after June 2, 1994.

SB182, s. 48 Section 48. 301.45 (2) (a) of the statutes is created to read:

SB182,18,23 301.45 (2) (a) The department shall maintain a registry of all persons subject to sub. (1). The registry shall contain all of the following with respect to each person:

SB182,18,24 1. The person's name, including any aliases used by the person.

SB182,19,2 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

SB182,19,6 3. The statute the person violated that subjects the person to the requirements of this section, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

SB182,19,7 4. Whichever of the following is applicable:

SB182,19,9 a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.

SB182,19,11 b. The date the person was or is to be released from confinement, whether on parole or otherwise, or discharged or terminated from a sentence or commitment.

SB182,19,12 c. The date the person entered the state.

SB182,19,13 d. The date the person was ordered to comply with s. 301.45.

SB182,19,14 5. The address at which the person is or will be residing.

SB182,19,17 6. The name of the agency supervising the person, if applicable, and the office or unit and telephone number of the office or unit that is responsible for the supervision of the person.

SB182,19,22 7. A description of any motor vehicle that the person owns or that is registered in the person's name. The information provided under this paragraph shall include a description of the vehicle, including make, model, license number and any other information which the department may reasonably require for proper identification of the vehicle.

SB182,19,23 8. The name and address of the place at which the person is or will be employed.

SB182,19,24 9. The name and location of any school in which the person is or will be enrolled.

SB182,19,25 10. The most recent date on which the information in the registry was updated.

SB182, s. 49 Section 49. 301.45 (2) (b) of the statutes is created to read:

SB182,20,4 301.45 (2) (b) If the department has supervision over a person subject to sub. (1), the department shall enter into the registry under this section the information specified in par. (a) concerning the person.

SB182, s. 50 Section 50. 301.45 (2) (d) of the statutes is created to read:

SB182,20,14 301.45 (2) (d) A person subject to sub. (1) who is not under the supervision of the department of corrections or the department of health and social services shall provide the information specified in par. (a) to the department of corrections in accordance with the rules under sub. (8). If the person is unable to provide an item of information specified in par. (a), the department of corrections may request assistance from a circuit court or the department of health and social services in obtaining that item of information. A circuit court and the department of health and social services shall assist the department of corrections when requested to do so under this paragraph.

SB182, s. 51 Section 51. 301.45 (2) (e) of the statutes is created to read:

SB182,20,19 301.45 (2) (e) The department of health and social services shall provide the information required under par. (c) or the person subject to sub. (1) shall provide the information required under par. (d) in accordance with whichever of the following is applicable:

SB182,20,21 1. Within 10 days after the person being placed on parole, probation, supervision, aftercare supervision, conditional release or supervised release.

SB182,20,23 2. If the person is on parole or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

SB182,20,25 3. No later than 10 days before the person is terminated or discharged from a commitment.

SB182,21,3 4. If the person is being released from prison because he or she has reached the expiration date of his or her sentence, no later than 10 days before being released from prison.

SB182,21,5 5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is sentenced or receives a disposition.

SB182, s. 52 Section 52. 301.45 (3) (a) 1m. of the statutes is created to read:

SB182,21,9 301.45 (3) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

SB182, s. 53 Section 53. 301.45 (3) (a) 2m. of the statutes is created to read:

SB182,21,13 301.45 (3) (a) 2m. If the person has been sentenced to prison and is being released from prison because he or she has reached the expiration date of his or her sentence, before being released from prison.

SB182, s. 54 Section 54. 301.45 (3) (a) 3g. of the statutes is created to read:

SB182,21,18 301.45 (3) (a) 3g. If the person has been committed for specialized treatment under ch. 975, he or she is subject to this subsection upon being released on parole under s. 975.10 or, if he or she was not released on parole, before being discharged from the commitment under s. 975.09 or 975.12.

SB182, s. 55 Section 55. 301.45 (3) (a) 3r. of the statutes is created to read:

SB182,21,23 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2) or 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

SB182, s. 56 Section 56. 301.45 (3) (b) 3. of the statutes is created to read:

SB182,22,5 301.45 (3) (b) 3. The department of health and social services shall notify a person who is being placed on conditional release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1) of the need to comply with this section.

SB182, s. 57 Section 57. 301.45 (5) (a) 1m. of the statutes is created to read:

SB182,22,8 301.45 (5) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole or probation.

SB182, s. 58 Section 58. 301.45 (5) (a) 3m. of the statutes is created to read:

SB182,22,12 301.45 (5) (a) 3m. If the person has been committed for specialized treatment under ch. 975, 15 years after discharge from the commitment under s. 975.09 or 975.12.

SB182, s. 59 Section 59. 301.45 (5) (b) of the statutes is created to read:

SB182,22,16 301.45 (5) (b) A person who is covered under sub. (1) shall continue to comply with the requirements of this section until his or her death if any of the following apply:

SB182,23,2 1. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08 or for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of a law of this state or any other state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08. A conviction that has been reversed, set aside or vacated is not a conviction for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

SB182,23,3 2. The person has been found to be a sexually violent person under ch. 980.

SB182, s. 60 Section 60. 301.45 (6) (c) of the statutes is created to read:

SB182,23,13 301.45 (6) (c) Notwithstanding pars. (a) and (b), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act .... (this act) and who was in prison or a secured correctional facility, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on the day before the effective date of this paragraph .... [revisor inserts date], shall be allowed until the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], to comply with the requirements under subs. (2) to (4).

SB182, s. 61 Section 61. 301.46 of the statutes is created to read:

SB182,23,18 301.46 Access to information concerning sex offenders. (1) Definitions. In this section "agency with jurisdiction" means the state agency with the authority or duty to confine or supervise a person or release or discharge a person from confinement.

SB182,23,24 (2) Access for law enforcement agencies. (a) When a person is registered with the department under s. 301.45 (2), the department shall immediately make the information specified in par. (b) available to the police chief of any community and the sheriff of any county in which the person is residing, is employed or is attending school. The department shall make information available under this paragraph through a direct electronic data transfer system.

SB182,24,2 (b) The department shall make all of the following information available under par. (a):

SB182,24,3 1. The person's name, including any aliases used by the person.

SB182,24,5 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

SB182,24,8 3. The statute the person violated, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.