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;
1999 a. 9,
89,
156,
186; s. 13.93 (2) (c).
301.46
301.46
Access to information concerning sex offenders. 301.46(1)(a)
(a) "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)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 in a state correctional institution 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 a sex offense or for a violation of a law of this state that is comparable to a sex offense, 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 in a state correctional institution 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 a sex offense or for a violation of a law of this state that is comparable to a sex offense, 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)1m.
1m. Notice that, beginning on June 1, 2001, information concerning persons registered under
s. 301.45 will be available on the Internet site established by the department under
sub. (5n).
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. 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):
301.46(4)(ag)2.
2. If the person required to register under
s. 301.45 is an adult, any information concerning a juvenile proceeding in which the person was involved.
301.46(4)(am)
(am) Subject to
par. (ag), an entity may make a request under
par. (a) for information concerning a specific person registered under
s. 301.45.
301.46(4)(ar)
(ar) Subject to
par. (ag), an entity specified in
par. (a) 11. may request 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.
301.46(4)(b)
(b) In response to a request under
par. (a), the department shall, subject to
par. (ag), provide all of the following information:
301.46(4)(b)1.
1. The name of the person who has registered under
s. 301.45, including any aliases the person has used.
301.46(4)(b)2.
2. The date of the person's conviction or commitment, and the county or, if the state is not this state, the state in which the person was convicted or committed.
301.46(4)(c)
(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. (2) (e) or
(2m) (c).
301.46(5)
(5) Access to information for general public. 301.46(5)(a)(a) The department or 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 department or 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:
301.46(5)(a)1.
1. Submits a request for information in a form and manner prescribed by the department or the police chief or sheriff. The department or a police chief or sheriff may require that a person state, in his or her request under this subdivision, his or her purpose for requesting the information.
301.46(5)(a)2.
2. Specifies by name the person about whom he or she is requesting the information.
301.46(5)(a)4.
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.
301.46(5)(b)
(b) If the department or a police chief or sheriff provides information under
par. (a), the department or police chief or sheriff shall, subject to
par. (c), provide all of the following concerning the person specified in the request under
par. (a) 2.:
301.46(5)(b)1.
1. The date of the person's conviction or commitment, and the county or, if the state is not this state, the state in which the person was convicted or committed.
301.46(5)(b)4.
4. Any other information concerning the person that the department or the police chief or sheriff determines is appropriate.
301.46(5)(c)
(c) The department or a police chief or sheriff may not provide any of the following under
par. (a):
301.46(5)(c)2.
2. If the person required to register under
s. 301.45 is an adult, any information concerning a juvenile proceeding in which the person was involved.
301.46(5n)
(5n) Internet access. No later than June 1, 2001, the department shall provide access to information concerning persons registered under
s. 301.45 by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information that the department is required to provide the person under
sub. (2),
(2m),
(3),
(4) or
(5) and other information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration.
301.46(6)
(6) Period of notification of and access to information. 301.46(6)(a)(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) or
(5m) for which the person is required to comply with
s. 301.45.
301.46(6)(b)
(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.
301.46(7)
(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.
301.46(8)
(8) Rules. The department shall promulgate rules necessary to carry out its duties under this section.
301.46(9)
(9) Effect on open records requests. This section does not prohibit the department from providing to a person, in response to that person's request under
s. 19.35 to inspect or copy records of the department, information that is contained in the sex offender registry under
s. 301.45 concerning a person who is in the custody or under the supervision of the department if that information is also contained in records of the department, other than the sex offender registry, that are subject to inspection or copying under
s. 19.35.
