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.
301.46(2)(b)3.
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.
301.46(2)(b)4.a.
a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.
301.46(2)(b)4.b.
b. The date the person was released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.
301.46(2)(b)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.
301.46(2)(b)7.
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.
301.46(2)(b)8.
8. The name and address of the place at which the person is employed.
301.46(2)(b)9.
9. The name and location of any school in which the person is enrolled.
301.46(2)(c)
(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.
301.46(2)(d)
(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.
301.46(2)(e)
(e) A police chief or sheriff may provide any of the information to which he or she has access under this subsection, other than information specified in
subs. (4) (ag) and
(5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under
sub. (4), to any person requesting information under
sub. (5) or to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.
301.46(2m)
(2m) Bulletins to law enforcement agencies. 301.46(2m)(a)(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),
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 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
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent, 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.
301.46(2m)(am)
(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 been found to be a sexually violent person under
ch. 980 or 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 or
948.11 or 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 or
948.11, 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.
301.46(2m)(at)
(at) Paragraphs (a) and
(am) do not apply to a person if a court has determined under
s. 301.45 (1m) that the person is not required to comply with the reporting requirements under
s. 301.45.
301.46(2m)(b)
(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:
301.46(2m)(b)2.
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.
301.46(2m)(c)
(c) A police chief or sheriff who receives a bulletin under this subsection may provide any of the information in the bulletin, other than information specified in
subs. (4) (ag) and
(5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under
sub. (4), to any person requesting information under
sub. (5) or to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.
301.46(3)(a)1.
1. "Member of the family" means spouse, child, parent, sibling or legal guardian.
301.46(3)(a)2.
2. "Victim" means a person against whom a crime has been committed.
301.46(3)(b)
(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 make a reasonable attempt to notify the victim or a member of the victim's family who has, according to the records of the department or the information provided under
par. (d), requested to be notified about a person required to register under
s. 301.45.
301.46(3)(c)
(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.,
6.,
7. and
10. or, if applicable, the updated information.
301.46(3)(d)
(d) The department of health and family 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.
301.46(3)(e)
(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.
301.46(4)
(4) Access to information for agencies and organizations other than law enforcement agencies. 301.46(4)(a)(a) Any of the following entities may request, in a form and manner specified by the department, information from the department concerning persons registered under
s. 301.45:
301.46(4)(a)2.
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).
301.46(4)(a)11.
11. A neighborhood watch program authorized under
s. 60.23 (17m) or by the law enforcement agency of a city or village.
301.46(4)(a)12.
12. An organized unit of the Boy Scouts of America, the Boys' Clubs of America, the Girl Scouts of America or Camp Fire Girls.
301.46(4)(a)14.
14. 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.
301.46(4)(ag)
(ag) The department may not provide any of the following in response to a request under
par. (a):
