301.45(1m)(d)2.
2. If a person is examined by a physician, psychologist or other expert under
subd. 1., the physician, psychologist or other expert shall file a report of his or her examination with the court, and the court shall provide copies of the report to the person and, if he or she requests a copy, to the district attorney. The contents of the report shall be confidential until the physician, psychologist or other expert has testified at the hearing held under
par. (bm). The report shall contain an opinion regarding whether it would be in the interest of public protection to have the person register under this section and the basis for that opinion.
301.45(1m)(d)3.
3. A person who is examined by a physician, psychologist or other expert under
subd. 1. is responsible for paying the cost of the services provided by the physician, psychologist or other expert, except that if the person is indigent the cost of the services provided by the physician, psychologist or other expert shall be paid by the county. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under
s. 977.07 (1), except that the person shall be considered indigent without another determination under
s. 977.07 (1) if the person is represented by the state public defender or by a private attorney appointed under
s. 977.08.
301.45(1m)(e)1.
1. The ages, at the time of the violation, of the person and of the child with whom the person had sexual contact or sexual intercourse.
301.45(1m)(e)2.
2. The relationship between the person and the child with whom the person had sexual contact or sexual intercourse.
301.45(1m)(e)3.
3. Whether the violation resulted in bodily harm, as defined in
s. 939.22 (4), to the child with whom the person had sexual contact or sexual intercourse.
301.45(1m)(e)4.
4. Whether the child with whom the person had sexual contact or sexual intercourse suffered from a mental illness or mental deficiency that rendered the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
301.45(1m)(e)5.
5. The probability that the person will commit other violations in the future.
301.45(1m)(e)7.
7. Any other factor that the court determines may be relevant to the particular case.
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, extended supervision 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, extended supervision, probation, supervision, aftercare supervision, conditional release or supervised release.
301.45(2)(e)2.
2. If the person is on parole, extended supervision 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, extended supervision 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, extended supervision 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, extended supervision 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, extended supervision, parole, supervision or aftercare supervision or, if the client is on probation, extended supervision 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, extended supervision 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, extended supervision or probation from another state under
s. 304.13 or
304.135, 15 years after discharge from that parole, extended supervision or probation.
301.45(5)(a)2.
2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from parole or aftercare supervision.
301.45(5)(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, 15 years after being released from prison.
301.45(5)(a)3m.
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.
301.45(5)(b)
(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:
301.45(5)(b)1.
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),
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, 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),
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. 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.
301.45(5)(b)2.
2. The person has been found to be a sexually violent person under
ch. 980.
301.45(6)(a)(a) Whoever intentionally fails to comply with any requirement to provide information under
subs. (2) to
(4) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. Subject to
s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection. If the department of corrections determines that there is probable cause to believe that a person has intentionally failed to comply with any requirement to provide information under
subs. (2) to
(4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with
s. 889.08.
301.45(6)(b)
(b) Whoever knowingly fails to keep information confidential as required under
sub. (7) may be fined not more than $500 or imprisoned for not more than 30 days or both.
301.45(6)(c)
(c) Notwithstanding
pars. (a) and
(b), a person who first became subject to
subs. (2) to
(4) under
1995 Wisconsin Act 440 and who was in prison or a secured correctional facility or a secured child caring institution, 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 May 31, 1997, shall be allowed until January 1, 1998, to comply with the requirements under
subs. (2) to
(4).
301.45(7)
(7) Information maintenance and expungement. 301.45(7)(a)(a) The department shall maintain information provided under
sub. (2). The department shall keep the information confidential except as provided in
ss. 301.03 (14) and
301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under
s. 49.22 (2m) made by the department of workforce development or a county child support agency under
s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer and financial information related to the individual.
301.45(7)(b)
(b) The department shall not charge a fee for providing information under this subsection.
301.45(7)(c)
(c) A person about whom information is maintained in the registry under
sub. (2) may request expungement of all pertinent information in the registry if any of the following applies:
301.45(7)(c)1m.
1m. The person's conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated.
301.45(7)(c)2m.
2m. A court has determined under
sub. (1m) (b) that the person is not required to comply with the reporting requirements under this section.
301.45(7)(d)
(d) The department shall purge all of the information maintained in the registry under
sub. (2) concerning a person to whom
par. (c) applies if the department receives all of the following:
301.45(7)(d)2.
2. A certified copy of the court order reversing, setting aside or vacating the conviction, delinquency adjudication, finding of need of protection or services or commitment or a certified copy of the court's determination under
sub. (1m) (b).
301.45(8)
(8) Rules. The department shall promulgate rules necessary to carry out its duties under this section.
301.45(9)
(9) Cooperation. The department of health and family services, the department of workforce development, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.
301.45 History
History: 1995 a. 440 ss.
26 to
49,
53 to
74; Stats. 1995 s. 301.45;
1997 a. 3,
35,
130,
191,
237,
283.
301.46
301.46
Access to information concerning sex offenders. 301.46(1)(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.
301.46(2)
(2) Access for law enforcement agencies. 301.46(2)(a)(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.
301.46(2)(b)
(b) The department shall make all of the following information available under
par. (a):
301.46(2)(b)1.
1. The person's name, including any aliases used by the person.
301.46(2)(b)2.
2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.
