SB106: Bill Text

LRB-1833/1

MGD:kmg:jf

2003 - 2004 LEGISLATURE

2003 Senate BILL 106

April 9, 2003 - Introduced by Senators Harsdorf, M. Meyer, A. Lasee, Kanavas, Leibham and Darling, cosponsored by Representatives Johnsrud, Krawczyk, Ainsworth, Gundrum, Hundertmark, Ott, Lassa, J. Fitzgerald, Jeskewitz, Hines, McCormick and J. Wood. Referred to Committee on Judiciary, Corrections and Privacy.

SB106,1,9 An Act to renumber 302.11 (4m), 302.116 (1) (a) and 971.17 (1); to renumber and amend 980.08 (4) and 980.08 (5); to amend 46.10 (2), 51.42 (3) (aw) 1. d., 302.11 (1), 971.17 (1g), 971.17 (1h), 971.17 (1j) (b), 971.17 (1m) (a), 971.17 (1m) (b) 1m., 971.17 (1m) (b) 2m., 971.17 (3) (a), 971.17 (3) (e), 971.17 (4) (d), 971.17 (6) (a) (intro.), 971.17 (6) (b), 980.08 (3) and 980.08 (6m); and to create 302.11 (1g) (b) 3., 302.11 (4m) (b), 302.116 (1) (ad), 302.116 (1) (af), 302.116 (3), 304.02 (4t), 304.06 (2m) (af), 971.17 (1b), 971.17 (4f), 973.09 (8), 975.10 (1m), 980.08 (4) (a) 1. b., 980.08 (5) (a) 2. and 980.08 (5) (b) of the statutes; relating to: the residence of child sex offenders.

Analysis by the Legislative Reference Bureau

Current law restricts where certain persons who have been convicted of first or second degree sexual assault, first or second degree sexual assault of a child, repeated sexual assault of a child, incest with a child, or child enticement (a "serious sex offense") may reside if they are living in the community. First, no person who has been convicted of a serious sex offense (a "sex offender") may be paroled to any county where there is a correctional institution that has a specialized sex offender treatment program, unless that county was the person's county of residence at the time of the person's offense. Second, any sex offender who is released to extended supervision must agree, as a condition of extended supervision, to live in a residence that the Department of Corrections (DOC) has approved. Current law also imposes certain obligations on DOC with respect to where sex offenders reside. DOC must work to minimize, to the greatest extent possible, the residential population density of sex offenders who are on probation, parole, or extended supervision or who are placed on supervised release after having been committed for treatment as sexually violent persons.

This bill places additional restrictions on where a child sex offender — defined as a person who has been convicted of child enticement; using a computer to facilitate having sex with a child; attempting to commit either of these crimes; or, if the victim or the intended victim was under 18, any other serious sex offense -- may reside. Under the bill, a child sex offender who is being placed in the community under the supervision of DOC (through parole, extended supervision, or probation) may not reside within 1,000 feet of any of the following places: 1) a state, county, city, village, or town park; 2) a multiunit public housing project; 3) a public swimming pool; 4) a child care facility; 5) a youth center; 6) a community center; or 7) any private or public school premises. The bill imposes the same restriction on: 1) any person being placed in the community on conditional release after having been found not guilty by reason of mental disease or defect of child enticement; using a computer to facilitate having sex with a child; attempting to commit either of these crimes; or, if the victim or the intended victim was under 18, any other serious sex offense; and 2) any person placed on supervised release after having been committed for treatment as a sexually violent person, regardless of the offense or offenses that provided a basis for his or her commitment.

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:

SB106, s. 1 Section 1. 46.10 (2) of the statutes is amended to read:

SB106,3,21 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12), and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1) (1d), 975.06 , and 980.06, receiving care, maintenance, services, and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (5) (c) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

SB106, s. 2 Section 2. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

SB106,4,5 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5) (d). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

SB106, s. 3 Section 3. 302.11 (1) of the statutes is amended to read:

SB106,4,13 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), (4m) (b), (7), and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

SB106, s. 4 Section 4. 302.11 (1g) (b) 3. of the statutes is created to read:

SB106,4,20 302.11 (1g) (b) 3. Refusal by the inmate, if the inmate is a child sex offender, as defined in s. 302.116 (1) (af), to reside, as a condition of parole, in a residence that is not within 1,000 feet of any state, county, city, village, or town park, a multiunit public housing project, a swimming pool open to members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any private or public school premises.

SB106, s. 5 Section 5. 302.11 (4m) of the statutes is renumbered 302.11 (4m) (a).

SB106, s. 6 Section 6. 302.11 (4m) (b) of the statutes is created to read:

SB106,5,3 302.11 (4m) (b) A child sex offender, as defined in s. 302.116 (1) (af), is not entitled to mandatory release on parole under this section unless he or she agrees, as a condition of parole, not to reside within 1,000 feet of any state, county, city, village, or town park, a multiunit public housing project, a swimming pool open to members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any private or public school premises.

SB106, s. 7 Section 7. 302.116 (1) (a) of the statutes is renumbered 302.116 (1) (at).

SB106, s. 8 Section 8. 302.116 (1) (ad) of the statutes is created to read:

SB106,5,8 302.116 (1) (ad) "Child care facility" means a child care facility that is operated by a person licensed under s. 48.65 or 48.69 or certified under s. 48.651 or that is established or contracted for under s. 120.13 (14).

SB106, s. 9 Section 9. 302.116 (1) (af) of the statutes is created to read:

SB106,5,11 302.116 (1) (af) "Child sex offender" means a person serving a sentence for any of the following:

SB106,5,13 1. A violation of s. 948.07 or 948.075 or a solicitation or conspiracy to commit a violation of s. 948.07 or 948.075.

SB106,5,16 2. Any other serious sex offense, if the victim or the intended victim of the serious sex offense was a person who had not attained the age of 18 years at the time of the offense.

SB106, s. 10 Section 10. 302.116 (3) of the statutes is created to read:

SB106,5,22 302.116 (3) As a condition of extended supervision, a child sex offender shall live in a residence that is not within 1,000 feet of any state, county, city, village, or town park, a multiunit public housing project, a swimming pool open to members of the public, a child care facility, a youth center, a community center, or any private or public school premises.

SB106, s. 11 Section 11. 304.02 (4t) of the statutes is created to read:

SB106,6,4 304.02 (4t) Notwithstanding subs. (1) to (3), a child sex offender, as defined in s. 302.116 (1) (af), may not be paroled under this section unless he or she agrees, as a condition of parole, not to reside within 1,000 feet of any state, county, city, village, or town park, a multiunit public housing project, a swimming pool open to members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any private or public school premises.

SB106, s. 12 Section 12. 304.06 (2m) (af) of the statutes is created to read:

SB106,6,11 304.06 (2m) (af) Neither the parole commission nor the department may parole a child sex offender, as defined in s. 302.116 (1) (af), unless he or she agrees, as a condition of parole, not to reside within 1,000 feet of any state, county, city, village, or town park, a multiunit public housing project, a swimming pool open to members of the public, a child care facility, as defined in s. 302.116 (1) (ad), a youth center, a community center, or any private or public school premises.

SB106, s. 13 Section 13. 971.17 (1) of the statutes is renumbered 971.17 (1d).

SB106, s. 14 Section 14. 971.17 (1b) of the statutes is created to read:

SB106,6,15 971.17 (1b) In this section, "child sex offender" means a person who has been found not guilty by reason of mental disease or defect of any of the following:

SB106,6,17 (a) A violation of s. 948.07 or 948.075 or a solicitation or conspiracy to commit a violation of s. 948.07 or 948.075.

SB106,6,20 (b) Any other serious sex offense, if the victim or the intended victim of the serious sex offense was a person who had not attained the age of 18 years at the time of the offense.

SB106, s. 15 Section 15. 971.17 (1g) of the statutes is amended to read:

SB106,6,24 971.17 (1g) If the defendant under sub. (1) (1d) is found not guilty of a felony by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB106, s. 16 Section 16. 971.17 (1h) of the statutes is amended to read:

SB106,7,4 971.17 (1h) Notice of restrictions on possession of body armor. If the defendant under sub. (1) (1d) is found not guilty of a violent felony, as defined in s. 941.291 (1) (b), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.291.

SB106, s. 17 Section 17. 971.17 (1j) (b) of the statutes is amended to read:

SB106,7,11 971.17 (1j) (b) If a person is found not guilty by reason of mental disease or defect of a serious sex offense, the court may, in addition to committing the person to the department of health and family services under sub. (1) (1d), place the person on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

SB106, s. 18 Section 18. 971.17 (1m) (a) of the statutes is amended to read:

SB106,7,16 971.17 (1m) (a) If the defendant under sub. (1) (1d) 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.