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.
301.46 History
History: 1995 a. 440;
1997 a. 6,
27,
130,
181,
237,
283;
1999 a. 89;
2001 a. 16;
2003 a. 188;
2005 a. 5,
431;
2007 a. 20 ss.
3132r,
3133,
9121 (6) (a);
2009 a. 28,
180,
185,
302.
301.46 Cross-reference
Cross-reference: See also s.
DOC 332.01, Wis. adm. code.
301.46 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,
99-3040.
301.47
301.47
Sex offender name changes prohibited. 301.47(1)
(1) In this section, "sex offender" means a person who is subject to
s. 301.45 (1g) but does not include a person who, as a result of a proceeding under
s. 301.45 (1m), is not required to comply with the reporting requirements of
s. 301.45.
301.47(2)
(2) A sex offender may not do any of the following before he or she is released, under
s. 301.45 (5) or
(5m), from the reporting requirements of
s. 301.45:
301.47(2)(b)
(b) Identify himself or herself by a name unless the name is one by which the person is identified with the department.
301.47(3)
(3) Whoever intentionally violates
sub. (2) is subject to the following penalties:
301.47(3)(a)
(a) Except as provided in
par. (b), the person is guilty of a Class H felony.
301.47(3)(b)
(b) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:
301.47(3)(b)2.
2. The person was not convicted of another offense under this section before committing the present violation.
301.47(4)
(4) The department shall make a reasonable attempt to notify each person required to comply with the reporting requirements under
s. 301.45 of the prohibition in
sub. (2), but neither the department's failure to make such an attempt nor the department's failure to notify a person of that prohibition is a defense to a prosecution under this section.
301.47 History
History: 2003 a. 52,
320.
301.48
301.48
Global positioning system tracking and residency requirement for certain sex offenders. 301.48(1)(a)
(a) "Exclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from entering except for purposes of traveling through it to get to another destination.
301.48(1)(b)
(b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies a person's location and timely reports or records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.
301.48(1)(c)
(c) "Inclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from leaving.
301.48(1)(cm)1.
1. The actor has sexual contact or sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 13 years and causes great bodily harm, as defined in
s. 939.22 (14), to the individual.
301.48(1)(cm)2.
2. The actor has sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 12 years.
301.48(1)(cn)1.
1. The actor has sexual intercourse, by use or threat of force or violence, with an individual who is not a relative of the actor and who has not attained the age of 16 years.
301.48(1)(cn)2.
2. The actor has sexual contact, by use or threat of force or violence, with an individual who has not attained the age of 16 years and who is not a relative of the actor, and the actor is at least 18 years of age when the sexual contact occurs.
301.48(1)(d)
(d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life. "Lifetime tracking" does not include global positioning system tracking under
sub. (2) (d), regardless of how long it is required.
301.48(1)(dm)
(dm) "Passive positioning system tracking" means tracking using a system that monitors, identifies, and records a person's location.
301.48(1)(dr)
(dr) "Relative" means a son, daughter, brother, sister, first cousin, 2nd cousin, nephew, niece, grandchild, or great grandchild, or any other person related by blood, marriage, or adoption.
301.48(1)(e)
(e) "Serious child sex offense" means a level 1 child sex offense or a level 2 child sex offense.
301.48(1)(f)2.
2. A crime under federal law or the law of any state that is comparable to a crime described in
subd. 1.
301.48(1)(g)
(g) "Sexual intercourse" means vulvar penetration as well as cunnilingus, fellatio, or anal intercourse between persons or any intrusion of any inanimate object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.
301.48(2)(a)(a) Except as provided in
subs. (2m),
(6),
(7), and
(7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
301.48(2)(a)1.
1. A court places the person on probation for committing a level 1 child sex offense.
301.48(2)(a)1m.
1m. The person is convicted for committing a level 2 child sex offense and the court places the person on probation for committing the level 2 child sex offense.
301.48(2)(a)2.
2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a level 1 child sex offense.
301.48(2)(a)2m.
2m. The person is convicted for committing a level 2 child sex offense and the department releases the person to extended supervision or parole while the person is serving the sentence for committing the level 2 child sex offense.
301.48(2)(a)3.
3. The department releases the person from prison upon the completion of a sentence imposed for a level 1 child sex offense.
301.48(2)(a)3m.
3m. The person is convicted for committing a level 2 child sex offense and the department releases the person from prison upon the completion of the sentence imposed for the level 2 child sex offense.
301.48(2)(a)4.
4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.
301.48(2)(a)5.
5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under
s. 971.17 (6). This subdivision does not apply if the person was on conditional release immediately before being discharged.
301.48(2)(a)6.
6. The court places a person on lifetime supervision under
s. 939.615 for committing a serious child sex offense and the person is released from prison.
301.48(2)(a)8.
8. The department makes a determination under
sub. (2g) that global positioning system tracking is appropriate for the person.
301.48(2)(b)
(b) Except as provided in
subs. (7) and
(7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
301.48(2)(b)2.
2. A court discharges the person under
s. 980.09 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.
301.48(2)(b)3.
3. The department of health services places the person on parole or discharges the person under
ch. 975. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.
301.48(2)(d)
(d) If, on or after January 1, 2008, a person is being placed on probation, extended supervision, parole, or lifetime supervision for committing a sex offense and
par. (a) or
(b) does not apply, the department may have the person tracked using a global positioning system tracking device, or passive positioning system tracking, as a condition of the person's probation, extended supervision, parole, or lifetime supervision.
301.48(2g)
(2g) Department determination. If a person who committed a serious child sex offense, or a person under supervision under the interstate corrections compact for a serious child sex offense, is not subject to lifetime tracking under
sub. (2), the department shall assess the person's risk using a standard risk assessment instrument to determine if global positioning system tracking is appropriate for the person.
301.48(2m)
(2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under
sub. (2) (a) 1.,
1m.,
2.,
2m.,
3., or
3m. completes his or her sentence, including any probation, parole, or extended supervision, the department may use passive positioning system tracking instead of maintaining lifetime tracking.
301.48(3)
(3) Functions and operation of tracking program. 301.48(3)(a)(a) Except as provided in
sub. (2m), the department shall implement a continuous global positioning tracking system to electronically monitor the whereabouts of persons who are subject to this section. The system shall do all of the following:
301.48(3)(a)1.
1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under
par. (c) or absence from an inclusion zone established under
par. (c).
301.48(3)(a)2.
2. Use land line communications equipment to transmit information regarding the location of persons who are subject to this section when they are in areas in which no commercial cellular service is available.
301.48(3)(a)3.
3. Immediately alert the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.
301.48(3)(b)
(b) The department shall contract with a vendor using a competitive process under
s. 16.75 to provide staff in this state to install, remove, and maintain equipment related to global positioning system tracking and passive positioning system tracking for purposes of this section. The term of the contract may not exceed 3 years.
301.48(3)(c)
(c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider
s. 980.08 (9).
301.48(3)(d)
(d) If a person who is on supervised release or conditional release is being tracked, the department shall notify the department of health services, upon request, of any tracking information for the person under any of the following circumstances:
301.48(3)(d)1.
1. The department of corrections has been alerted under
par. (a) 3. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone.
301.48(4)(a)(a) The department shall determine all of the following for each person tracked:
301.48(4)(a)1.
1. The cost of global positioning system tracking or passive positioning system tracking for the person.
301.48(4)(a)2.
2. How much of the cost under
subd. 1. the person is able to pay based on the factors listed in
par. (d).
301.48(4)(b)
(b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under
par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under
s. 20.410 (1) (gk).
301.48(4)(c)
(c) The department of health services shall pay for the cost of tracking a person to whom
sub. (2) (a) 4. or
5. or
(b) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under
par. (b).
301.48(4)(d)
(d) In determining how much of the costs the person is able to pay, the department may consider the following:
301.48(4)(d)2.
2. The present and future earning ability of the person.
301.48(4)(d)3.
3. The needs and earning ability of the person's dependents.
301.48(4)(d)4.
4. Any other costs that the person is required to pay in conjunction with his or her supervision by the department or the department of health services.
301.48(4)(d)5.
5. Any other factors that the department considers appropriate.
301.48(6)
(6) Offender's petition to terminate lifetime tracking. 301.48(6)(a)(a) Subject to
par. (b), a person who is subject to lifetime tracking may file a petition requesting that lifetime tracking be terminated. A person shall file a petition requesting termination of lifetime tracking with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect.
301.48(6)(b)1.1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.
301.48(6)(b)2.
2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.
301.48(6)(b)3.
3. A person described in
sub. (2) (b) may not file a petition requesting termination of lifetime tracking.
301.48(6)(c)
(c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.
301.48(6)(d)
(d) After reviewing a report submitted under
par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:
301.48(6)(d)1.
1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.
