SB182: Bill Text

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.

SB182,24,9 4. Whichever of the following is applicable:

SB182,24,11 a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.

SB182,24,13 b. The date the person was released from confinement, whether on parole or otherwise, or discharged or terminated from a sentence or commitment.

SB182,24,14 c. The date the person entered the state.

SB182,24,15 d. The date the person was ordered to comply with s. 301.45.

SB182,24,16 5. The address at which the person is residing.

SB182,24,19 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.

SB182,24,22 7. A description of any motor vehicle that the person owns or that is registered in the person's name, including the information provided by the person under s. 301.45 (2) (a) 7.

SB182,24,23 8. The name and address of the place at which the person is employed.

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

SB182,25,2 10. The most recent date on which the information under s. 301.45 was updated.

SB182,25,8 (c) When a person who is registered under s. 301.45 (2) updates information under s. 301.45 (4), the department shall immediately make the updated information 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 the updated information available under this paragraph through a direct electronic data transfer system.

SB182,25,11 (d) In addition to having access to information under pars. (a) and (c), a police chief or sheriff may request that the department provide the police chief or sheriff with information concerning any person registered under s. 301.45.

SB182,26,2 (2m) Bulletins to law enforcement agencies. (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement or institutional care, and the person has, on one occasion only, 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 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, the agency with jurisdiction may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2) or to any other notification that an agency with jurisdiction is authorized to provide.

SB182,26,16 (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement or institutional care, and 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 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, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

SB182,26,18 (b) The notification under par. (a) or (am) shall be in the form of a written bulletin to the police chief or sheriff that contains all of the following:

SB182,26,19 1. The information specified in sub. (2) (b).

SB182,26,23 2. Any other information that the agency with jurisdiction determines is necessary to assist law enforcement officers or to protect the public. Information under this subdivision may include a photograph of the person, other identifying information and a description of the person's patterns of violation.

SB182,27,3 (c) A police chief or sheriff who receives a bulletin under this subsection may provide any of the information in the bulletin to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4) or to any person requesting information under sub. (5) if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

SB182,27,4 (3) Notification of victims. (a) In this subsection:

SB182,27,6 1. "Member of the family" means spouse, child, parent, sibling or legal guardian.

SB182,27,7 2. "Victim" means a person against whom a crime has been committed.

SB182,27,12 (b) When a person is registered under s. 301.45 (2) or when the person informs the department of a change in information under s. 301.45 (4), the department shall notify the victim or a member of the victim's family who has, according to the information provided under par. (d), requested to be notified about a person required to register under s. 301.45.

SB182,27,18 (c) The notice under par. (b) shall be a written notice to the victim or member of the victim's family that the person required to register under s. 301.45 and specified in the information provided under par. (d) has been registered or, if applicable, has provided the department with updated information under s. 301.45 (4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 7. and 10. or, if applicable, the updated information.

SB182,27,21 (d) The department of health and social services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 (6m) or 980.11.

SB182,27,25 (e) In addition to receiving the notice provided under par. (c), a person who receives notice under par. (b) may request that the department provide him or her with any of the information specified in sub. (2) (b) concerning the person required to register under s. 301.45.

SB182,28,3 (4) Access to information for agencies and organizations other than law enforcement agencies. (a) Any of the following entities may request information from the department concerning persons registered under s. 301.45:

SB182,28,4 1. A public or private elementary or secondary school.

SB182,28,7 2. A day care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69 or that is established or contracted for under s. 120.13 (14).

SB182,28,8 3. A child welfare agency licensed under s. 48.60.

SB182,28,9 4. A group home licensed under s. 48.625.

SB182,28,10 5. A shelter care facility licensed under s. 48.48.

SB182,28,11 6. A foster home or treatment foster home licensed under s. 48.62.

SB182,28,12 7. A county department under s. 46.21, 46.215, 46.22, 46.23, 51.42 or 51.437.

SB182,28,13 8. An agency providing child welfare services under s. 48.57 (2).

SB182,28,14 8m. The department of justice.

SB182,28,15 9. The department of public instruction.

SB182,28,16 10. The department of health and social services.

SB182,28,18 11. Any of the following entities that requests, in a form and manner specified by the department, receiving notification under this subsection:

SB182,28,20 a. A neighborhood watch program authorized under s. 60.23 (17m) or by the law enforcement agency of a city or village.

SB182,28,22 b. An organized unit of the Boy Scouts of America, the Boys' Clubs of America, the Girl Scouts of America or Camp Fire Girls.

SB182,28,23 c. The personnel office of a sheltered workshop, as defined in s. 104.01 (6).

SB182,29,3 d. Any other community-based public or private, nonprofit organization that the department determines should have access to information under this subsection in the interest of protecting the public.

SB182,29,4 (am) An entity may make a request under par. (a) for any of the following:

SB182,29,5 1. Information concerning a specific person registered under s. 301.45.

SB182,29,8 2. The names of and information concerning all persons registered under s. 301.45 who reside, are employed or attend school in the entity's community, district, jurisdiction or other applicable geographical area of activity.

SB182,29,10 (b) In response to a request under par. (a), the department shall provide all of the following information:

SB182,29,12 1. The name of the person who has registered under s. 301.45, including any aliases the person has used.

SB182,29,15 2. The date of the person's 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.

SB182,29,17 3. The make, model and license number of any motor vehicle that the person owns or that is registered in the person's name.

SB182,29,18 4. The most recent date on which the information under s. 301.45 was updated.

SB182,29,22 (c) On the request of a police chief or a sheriff, the department shall provide the police chief or sheriff with a list of entities in the police chief's community or the sheriff's county that have requested information under par. (a) for use by the police chief or sheriff under sub. (2m) (c).

SB182,30,3 (5) Access to information for general public. (a) A police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. (2) to (4) if, in the opinion of the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

SB182,30,5 1. Submits a written request for information in a form and manner prescribed by the police chief or sheriff.

SB182,30,7 2. Specifies by name the person about whom he or she is requesting the information.

SB182,30,8 3. States his or her purpose for requesting the information.

SB182,30,11 4. Provides any other information the police chief or sheriff considers necessary to determine accurately whether the person specified in subd. 2. is registered under s. 301.45.

SB182,30,14 (b) If a police chief or sheriff provides information under par. (a), he or she shall provide all of the following concerning the person specified in the request under par. (a) 2.:

SB182,30,17 1. The date of the person's 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.

SB182,30,19 2. The make, model and license number of any motor vehicle that the person owns or that is registered in the person's name.

SB182,30,20 3. The most recent date on which the information under s. 301.45 was updated.

SB182,30,25 (6) Period of notification of and access to information. (a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) for which the person is required to comply with s. 301.45.

SB182,31,3 (b) The department or an agency with jurisdiction may provide access to any information collected under s. 301.45, regardless of whether the person is still required to be registered, to a law enforcement agency for law enforcement purposes.

SB182,31,8 (7) Immunity. A person acting under this section is immune from civil liability for any good faith act or omission regarding the release of information authorized under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.

SB182,31,10 (8) Rules. The department shall promulgate rules necessary to carry out its duties under this section.

SB182, s. 62 Section 62. 939.646 of the statutes is created to read:

SB182,31,14 939.646 Penalty; crimes committed using information obtained from the sex offender registry. If a person commits a crime using information that was disclosed to him or her under s. 301.46, the penalties may be increased as follows:

SB182,31,16 (1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000.

SB182,31,18 (2) In case of a felony, the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB182, s. 63 Section 63. 950.045 of the statutes is amended to read:

SB182,32,11 950.045 Victims; application for parole or pardon; releases; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and social services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by district attorneys or the department of justice under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46.

SB182, s. 64 Section 64. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and amended to read:

SB182,32,18 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting requirements of s. 175.45.

SB182, s. 65 Section 65. 971.17 (1m) (b) of the statutes is created to read:

SB182,32,24 971.17 (1m) (b) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit 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, the court shall require the defendant to comply with the reporting requirements under s. 301.45.

SB182,33,7 2. Except as provided in subd. 1., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant 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 defendant report under s. 301.45.

SB182, s. 66 Section 66. 971.17 (4m) (title) of the statutes is amended to read: