301.45(3)(b)1m.
1m. A person who is subject to lifetime registration under
sub. (5) (b) 2. or
(5m) (b) 4. 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. If the registrant subject to this subdivision is a person under the age of 18, the department may also notify the registrant's parent, guardian or legal custodian every 90 days of the registrant's need to comply with this requirement.
301.45(3)(b)2.
2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under
sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under
sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under
s. 304.13 (1m),
304.135,
304.16, or
938.988, 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. (1g) of the need to comply with the requirements of 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. (1g) 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. It is not a defense to liability under
sub. (6) (a) or
(ag) that the person subject to
sub. (1g) was not required to read and sign a form under
subd. 3m., was not provided with a form to read and sign under
subd. 3m. or failed or refused to read or sign a form under
subd. 3m. It is not a defense to liability under
sub. (6) (a) or
(ag) that the person subject to
sub. (1g) did not 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.
301.45(4)
(4) Updated information. In addition to the requirements under
sub. (3), a person who is covered under
sub. (1g) shall update information under
sub. (2) (a) as follows:
301.45(4)(a)
(a) Except as provided in
par. (b), 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(4)(b)
(b) If the person is on parole or extended supervision and the person knows that any of the information under
sub. (2) (a) 5. will be changing, the person shall provide the department with the updated information before the change in his or her address occurs. If the person is on parole or extended supervision and any of the information under
sub. (2) (a) 5. changes but the person did not know before the change occurred that his or her address would be changing, the person shall provide the department with the updated information within 24 hours after the change in his or her address occurs.
301.45(4m)
(4m) Information concerning a move to or schooling or employment in another state. In addition to the requirements under
subs. (3) and
(4), a person who is covered under
sub. (1g) and who is changing his or her residence from this state to another state, is becoming a student in another state or is to be employed or carrying on a vocation in another state shall, no later than 10 days before he or she moves out of this state, begins school or begins employment or his or her vocation, notify the department that he or she is changing his or her residence from this state, is beginning school in another state or is beginning employment or the carrying on of a vocation in another state. The person shall also inform the department of the state to which he or she is moving his or her residence, the state in which he or she will be in school or the state in which he or she will be employed or carrying on a vocation. Upon receiving notification from a person under this subsection, the department shall do all of the following:
301.45(4m)(a)
(a) Inform the person whether the state to which the person is moving, the state in which the person will be in school or the state in which the person will be employed or carrying on a vocation 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(4m)(b)
(b) Inform the agency responsible for sex offender registration in the state to which the person is moving, in which the person will be in school or in which the person will be employed or carrying on a vocation that the person is moving to the state, beginning school in the state or beginning employment or carrying on a vocation in the state, and provide the agency of the other state with all of the information specified in
sub. (2) (a).
301.45(4r)
(4r) Restriction on certain registrants establishing or changing residence. No person covered under
sub. (1g) who is on parole or extended supervision may establish a residence or change his or her residence unless he or she has complied with all of the applicable requirements of
subs. (2) (e),
(3) (b) and
(4) (b).
301.45(5)
(5) Release from requirements for persons who committed a sex offense in this state. 301.45(5)(a)1.
1. If the person has been placed on probation or supervision for a sex offense, 15 years after discharge from the probation or supervision imposed for the sex offense.
301.45(5)(a)2.
2. If the person has been sentenced to prison for a sex offense or placed in a secured correctional facility, a secured child caring institution or a secured group home for a sex offense, 15 years after discharge from parole, extended supervision or aftercare supervision for the sex offense.
301.45(5)(a)2m.
2m. If the person has been sentenced to prison for a sex offense and is being released from prison because he or she has reached the expiration date of the sentence for the sex offense, 15 years after being released from prison.
301.45(5)(a)3.
3. If the person has been committed to the department of health and family services under
s. 51.20 or
971.17 and is in institutional care or on conditional transfer under
s. 51.35 (1) or conditional release under
s. 971.17 for a sex offense, 15 years after termination of the commitment for the sex offense under
s. 971.17 (5) or discharge from the commitment for the sex offense under
s. 51.35 (4) or
971.17 (6).
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)(a)4.
4. If
subd. 1.,
2.,
2m.,
3. or
3m. does not apply, 15 years after the date of conviction for the sex offense or 15 years after the date of disposition of the sex offense, whichever is later.
301.45(5)(am)1.1. Except as provided in
subd. 2., a person who is covered under
sub. (1g) (dL) shall continue to comply with the requirements of this section until his or her death.
301.45(5)(am)2.
2. A person who is covered under
sub. (1g) (dL) is not required to comply with the requirements of this section if a court orders that the person is no longer required to comply under
s. 939.615 (6) (i).
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 a sex offense, or for a violation, or the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.
301.45(5)(b)1m.
1m. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.
301.45(5)(b)2.
2. The person has been found to be a sexually violent person under
ch. 980, regardless of whether the person is discharged under
s. 980.09 or
980.10 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.
301.45(5m)
(5m) Release from requirements for persons who committed a sex offense in another jurisdiction. 301.45(5m)(a)(a) Except as provided in
pars. (b) and
(c), a person who is covered under
sub. (1g) (dh),
(dj),
(f) or
(g) no longer has to comply with this section when the following applicable criterion is met:
301.45(5m)(a)1.
1. If the person is on parole, extended supervision, probation, or other supervision from another state under
s. 304.13 (1m),
304.135,
304.16, or
938.988, 15 years after discharge from that parole, extended supervision, probation, or other supervision or the period of time that the person is in this state, whichever is less.
301.45(5m)(a)2.
2. If the person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under
42 USC 14072, whichever of the following is less:
301.45(5m)(a)2.a.
a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.
301.45(5m)(a)2.b.
b. The period of time that the person is registered as a sex offender in another state or with the federal bureau of investigation, or 10 years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which subjects the person to the requirements of this section, whichever is greater.
301.45(5m)(a)3.
3. If the person has been found to have committed a sex offense by another jurisdiction and
subd. 2. does not apply, whichever of the following is less:
301.45(5m)(a)3.a.
a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.
301.45(5m)(a)3.b.
b. Ten years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense that subjects the person to the requirements of this section.
301.45(5m)(b)
(b) A person who is covered under
sub. (1g) (dh),
(dj),
(f) or
(g) shall continue to comply with the requirements of this section for as long as the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state if one or more of the following apply:
301.45(5m)(b)1.
1. The person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under
42 USC 14072 and the person is required to register with that other state or with the federal bureau of investigation until his or her death.
301.45(5m)(b)2.
2. The person has been convicted or found not guilty or not responsible 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, or for the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.
301.45(5m)(b)3.
3. 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 a sex offense or for a violation, or the solicitation, conspiracy or attempt to commit a violation, of a federal law, military law, tribal law or law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.
301.45(5m)(b)4.
4. A determination has been made as provided under
42 USC 14071 (a) (2) (A) or (B) that the person is a sexually violent predator, or lifetime registration by the person is required under measures approved by the attorney general of the United States under
42 USC 14071 (a) (2) (C).
301.45(6)(a)(a) Whoever knowingly fails to comply with any requirement to provide information under
subs. (2) to
(4) is subject to the following penalties:
301.45(6)(a)1.
1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
301.45(6)(a)2.
2. For a 2nd or subsequent offense, the person is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under
subs. (2) to
(4).
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).
301.45(6)(ag)
(ag) Whoever intentionally violates
sub. (4r) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
301.45(6)(am)
(am) 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)(bm)
(bm) Subject to
s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under
subs. (2) to
(4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under
subs. (2) to
(4) or has intentionally violated
sub. (4r), 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)(c)
(c) Notwithstanding
par. (a), 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(6)(d)
(d) Notwithstanding
par. (a), a person who first became subject to
subs. (2) to
(4) under
1999 Wisconsin Act 89 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, 2000, shall be allowed until January 1, 2001, to comply with the requirements under
subs. (2) to
(4).
301.45(6m)
(6m) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is covered under
sub. (1g) (f) or
(g) is residing in this state, is a student in this state or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of sex offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section. If the person is registered with the federal bureau of investigation under
42 USC 14072, the department shall notify the federal bureau of investigation that it believes the person is not complying with the requirements of this section.
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;
1999 a. 9,
89,
156,
186;
2001 a. 38,
96,
109.
301.45 Cross-reference
Cross Reference: See also chs.
DOC 332 and
Jus 8, Wis. adm. code.
301.45 Annotation
That sub. (1m) allows minors found delinquent because of sexual contact to be excused from sex offender registration, but not juveniles convicted of false imprisonment, does not render it unconstitutional. Sub. (1m) creates a narrow exception for sex offenders in cases of factually consensual sexual contact between 2 minors. In contrast, false imprisonment is never consensual and never a crime solely because of age. State v. Joseph E.G. 2001 WI App 29,
240 Wis. 2d 481,
623 N.W.2d 137.
301.45 Annotation
Sections 301.45 and 301.46 do not occupy the field in regulating the dissemination of sex offender registration information, and do not prohibit a probation agent from requiring a probationer to inform the probationer's immediate neighbors of his or her status as a convicted sex offender, which was not unreasonable. State ex rel. Kaminski v. Schwarz, 2001 WI 94,
245 Wis. 2d 310,
630 N.W.2d 164.
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.
