301.35 History
History: 1993 a. 98;
1995 a. 77.
301.36
301.36
General supervision and inspection by department. 301.36(1)(1)
General authority. The department shall investigate and supervise all of the state correctional institutions and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.
301.36(2)
(2) Prisons. The department shall visit all places in which persons convicted or suspected of crime are confined, and ascertain their arrangement for the separation of the hardened criminals from juvenile offenders and persons suspected of crime or detained as witnesses; collect statistics concerning the inmates, their treatment, employment and reformation; and collect information of other facts and considerations affecting the increase or decrease of crime.
301.36(3)
(3) Inspections. The department shall inquire into the methods of treatment, instruction, government and management of inmates of the institutions mentioned in this section; the conduct of their trustees, managers, directors, superintendents and other officers and employes; the condition of the buildings, grounds and all other property pertaining to the institutions, and all other matters pertaining to their usefulness and management; and recommend to the officers in charge such changes and additional provisions as it deems proper.
301.36(4)
(4) Frequency of inspections. The department shall inspect and investigate each institution at least annually and, when directed by the governor, it shall conduct a special investigation into an institution's management, or anything connected with its management, and report to the governor the testimony taken, the facts found and conclusions drawn.
301.36(5)
(5) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney serving the proper county shall aid in any investigation, inspection, hearing or trial had under this chapter or those sections of
ch. 938 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after receipt of the request.
301.36(6)
(6) Opportunity to inspect. All trustees, managers, directors, superintendents and other officers or employes of the institutions shall at all times afford to every member of the department and its agents, unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the institutions; and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.
301.36(7)
(7) Testimonial power; expenses. The director or any person delegated by the director may administer oaths, take testimony and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.
301.36(8)
(8) Statistics to be furnished. Wherever the department is required to collect statistics, the person or agency shall furnish the required statistics on request.
301.36 History
History: 1989 a. 31,
107;
1995 a. 27,
77.
301.37
301.37
County buildings; establishment, approval, inspection. 301.37(1)(1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under
s. 303.07, jails as defined in
s. 302.30, extensions of jails under
s. 59.54 (14) (g), rehabilitation facilities under
s. 59.53 (8), lockup facilities as defined in
s. 302.30, work camps under
s. 303.10, Huber facilities under
s. 303.09 and, after consulting with the department of health and family services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.
301.37 Note
NOTE: Sub. (1) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
301.37(2)
(2) The selection and purchase of the site, and the plans, specifications and erection of buildings, for the institutions is subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the institution.
301.37(3)
(3) Before any such building is occupied, and at least annually thereafter, the department shall inspect each institution with respect to safety, sanitation, adequacy and fitness, report to the authorities conducting the institution any deficiency found and order the necessary work to correct it or a new building. If within 6 months thereafter the work is not commenced, or not completed within a reasonable period thereafter, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of, the building until the order is complied with.
301.37(4)
(4) The department's standards and regulations under
sub. (1) for county jails apply to tribal jails used under
s. 302.445. At least annually, the department shall inspect each such tribal jail with respect to safety, sanitation, adequacy and fitness, report to the sheriff and the tribal jail authorities regarding any deficiency found and order the necessary work to correct it. If within 6 months thereafter the work is not commenced, or not completed within a reasonable period thereafter to the satisfaction of the department, the department shall prohibit the use of the tribal jail for purposes of
s. 302.445 until the order is complied with.
301.37 History
History: 1989 a. 31,
107;
1993 a. 48;
1995 a. 27 s.
9126 (19);
1995 a. 201,
281; s. 13.93 (2) (c).
301.38
301.38
Notification of victims and witnesses about prisoner escapes. 301.38(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
301.38(1)(am)
(am) "Prisoner" has the meaning given in
s. 301.01 (2), but does not include any person in the intensive sanctions program under
s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation or parole.
301.38(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
301.38(2)
(2) If a prisoner escapes from a Type 1 prison, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with
sub. (3) and after receiving a completed card under
sub. (4):
301.38(2)(a)
(a) The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
301.38(2)(b)
(b) Any witness who testified against the prisoner in any court proceeding involving the offense.
301.38(3)
(3) The department shall make a reasonable effort to notify the person by telephone as soon as possible after the escape and after any subsequent apprehension of the prisoner.
301.38(4)
(4) The department shall design and prepare cards for any person specified in
sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable prisoner and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
301.38 History
History: 1995 a. 74.
301.45
301.45
Sex offender registration. 301.45(1)
(1)
Who is covered. A person shall comply with the reporting requirements under this section if he or she meets any of the following criteria:
301.45(1)(a)
(a) Is convicted, adjudicated delinquent or found in need of protection or services on or after December 25, 1993, 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),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(b)
(b) Is in prison, a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, for the solicitation, conspiracy or attempt to commit any violation, of
s. 940.22 (2),
940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(bm)
(bm) Is in prison, a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), 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),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30 or that is comparable to a violation of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(c)
(c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under
s. 51.20 or
971.17 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),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(d)
(d) 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 any violation, or for the solicitation, conspiracy or attempt to commit any violation, of
s. 940.22 (2),
940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(dd)
(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),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30 or that is comparable to a violation of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(dh)
(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),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30 or that is comparable to a violation of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent.
301.45(1)(dp)
(dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under
ch. 975 on or after December 25, 1993.
301.45(1)(dt)
(dt) Is in institutional care or on conditional release under
ch. 980 on or after June 2, 1994.
301.45(2)
(2) What information must be provided, by whom and when. 301.45(2)(a)(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:
301.45(2)(a)1.
1. The person's name, including any aliases used by the person.
301.45(2)(a)2.
2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.
301.45(2)(a)3.
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.
301.45(2)(a)4.a.
a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.
301.45(2)(a)4.b.
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.
301.45(2)(a)5.
5. The address at which the person is or will be residing.
301.45(2)(a)6.
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.
301.45(2)(a)7.
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.
301.45(2)(a)8.
8. The name and address of the place at which the person is or will be employed.
301.45(2)(a)9.
9. The name and location of any school in which the person is or will be enrolled.
301.45(2)(a)10.
10. The most recent date on which the information in the registry was updated.
301.45(2)(b)
(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.
301.45(2)(c)
(c) If the department of health and family services has supervision over a person subject to
sub. (1), that department, with the assistance of the person, shall provide the information specified in
par. (a) to the department of corrections in accordance with the rules under
sub. (8).
301.45(2)(d)
(d) A person subject to
sub. (1) who is not under the supervision of the department of corrections or the department of health and family 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 family services in obtaining that item of information. A circuit court and the department of health and family services shall assist the department of corrections when requested to do so under this paragraph.
301.45(2)(e)
(e) The department of health and family 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:
301.45(2)(e)1.
1. Within 10 days after the person being placed on parole, probation, supervision, aftercare supervision, conditional release or supervised release.
301.45(2)(e)2.
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.
301.45(2)(e)3.
3. No later than 10 days before the person is terminated or discharged from a commitment.
301.45(2)(e)4.
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.
301.45(2)(e)5.
5. If
subd. 1.,
2.,
3. or
4. does not apply, within 10 days after the person is sentenced or receives a disposition.
301.45(3)
(3) Annual registration requirements. 301.45(3)(a)(a) A person covered under
sub. (1) is subject to the annual registration requirements under
par. (b) as follows:
301.45(3)(a)1.
1. If the person has been placed on probation or supervision, he or she is subject to this subsection upon being placed on probation or supervision.
301.45(3)(a)1m.
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.
301.45(3)(a)2.
2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection upon being released on parole or aftercare supervision.
301.45(3)(a)2m.
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.
301.45(3)(a)3.
3. If the person has been committed under
s. 51.20 or
971.17, he or she is subject to this subsection 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).
301.45(3)(a)3g.
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.
301.45(3)(a)3r.
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.
301.45(3)(a)4.
4. If
subd. 1.,
1m.,
2.,
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.
301.45(3)(b)1.1. Except as provided in
subd. 1m., a person who is subject to
par. (a) shall notify the department 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.
301.45(3)(b)1m.
1m. A person who is subject to
par. (a) because he or she is covered under
sub. (1) (dt) shall notify the department once each 90 days, as directed by the department, of his or her current information specified in
sub. (2) (a). Every 90 days, the department shall notify registrants subject to this subdivision of their need to comply with this requirement.
301.45(3)(b)2.
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 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.
301.45(3)(b)3.
3. The department of health and family 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.
301.45(3)(b)3m.
3m. After notifying a person under
subd. 2. or
3. of the need to comply with this section, the person who is providing the notification shall require the person who is covered under
sub. (1) to read and sign a form stating that he or she has been informed of the requirements of this section.
301.45(3)(b)4.
4. Failure to receive notice under this paragraph from the department of health and family 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).
301.45(4)
(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 with the updated information within 10 days after the change occurs.
301.45(4m)
(4m) Information concerning a move to another state. In addition to the requirements under
subs. (3) and
(4), a person who is covered under
sub. (1) and who is changing his or her residence from this state to another state shall, no later than 10 days before he or she moves out of this state, notify the department that he or she is changing his or her residence from this state and inform the department of the state to which he or she is moving his or her residence. Upon receiving notification from a person under this subsection, the department shall inform the person whether the state to which the person is moving has sex offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.
301.45(5)(a)(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:
301.45(5)(a)1.
1. If the person has been placed on probation or supervision, 15 years after discharge from probation or supervision.
301.45(5)(a)1m.
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.
