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 has been discharged under s.
980.10, 2003 stats., or
s. 980.09 (4) 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),
948.025, or
948.085, 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),
948.025, or
948.085. 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. Except as provided in
subd. 2., the person is guilty of a Class H felony.
301.45(6)(a)2.
2. 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:
301.45(6)(a)2.b.
b. The person was not convicted of knowingly failing to comply with any requirement to provide information under
subs. (2) to
(4) before committing the present violation.
301.45(6)(ag)
(ag) Whoever intentionally violates
sub. (4r) is subject to the following penalties:
301.45(6)(ag)1.
1. Except as provided in
subd. 2., the person is guilty of a Class H felony.
301.45(6)(ag)2.
2. 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:
301.45(6)(ag)2.b.
b. The person was not convicted of another offense under
sub. (4r) before committing the present violation.
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 children and families 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(7)(e)
(e) The department shall purge all of the information maintained in the registry under
sub. (2) concerning a person to whom
sub. (1p) (a) applies if any of the following occurs:
301.45(7)(e)1.
1. The department receives notice under
s. 938.355 (4m) (b) that a court has expunged the record of the person's delinquency adjudication for the violation described in
sub. (1p) (a).
301.45(7)(f)
(f) The department shall purge all of the information maintained in the registry under
sub. (2) concerning a person to whom
sub. (1p) (b) applies when any of the following occurs:
301.45(7)(f)2.
2. If the person was ordered by a court under
s. 938.34 (15m) (am) to comply with the reporting requirements under this section, when the department receives notice under
s. 938.34 (15m) (am) 2. that the juvenile has satisfied the conditions of the dispositional order.
301.45(7)(f)3.
3. If the person was ordered by a court under
s. 938.345 (3) (a) to comply with the reporting requirements under this section, when the department receives notice under
s. 938.345 (3) (d) that the juvenile has satisfied the conditions of the dispositional order.
301.45(7)(f)5.
5. If the person was ordered by a court under
s. 973.048 (1m) to comply with the reporting requirements under this section, when the person successfully completes the sentence or probation as provided under
s. 973.048 (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 services, the department of children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.
301.45(10)
(10) Annual fee. The department may require a person who must register as a sex offender to pay an annual fee to partially offset its costs in monitoring persons who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $100.
301.45 History
History: 1993 a. 98,
227;
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;
2003 a. 50,
53;
2005 a. 25,
253,
277,
344,
432,
434;
2007 a. 20 ss.
3130 to
3132,
9121 (6) (a);
2007 a. 80,
96,
116;
2009 a. 131,
137,
180,
302.
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,
99-3248.
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,
99-3040.
301.45 Annotation
Sex-offender registration as a condition of probation for bail-jumping was not authorized by s. 973.09 (1) (a). Bail jumping is not one of the offenses enumerated in the sex-offender registration statutes, ss. 301.45 or 973.048, that permit or require registration, and read-in, but dismissed, sexual assault charges do not bring a case within s. 973.048. State v. Martel,
2003 WI 70,
262 Wis. 2d 483,
664 N.W.2d 69,
02-1599.
301.45 Annotation
Mandatory sex offender registration for juveniles under sub. (1m) is not criminal punishment. If a provision is not criminal punishment, there is no constitutional right to a jury trial. Sub. (1m) does not violate the guarantees of substantive due process or equal protection. State v. Jeremy P.
2005 WI App 13,
278 Wis. 2d 366,
692 N.W.2d 311,
04-0360.
301.45 Annotation
The sex offender registry scheme under this section did not violate constitutional guarantees of equal protection or due process as applied to the defendant when the underlying crime of which he was convicted, false imprisonment of a minor, lacked a sexual element. The purpose of the statute is to protect the public, specifically children, not to identify individuals guilty of a crime with a sexual element. Because not all defendants convicted of crimes lacking sexual elements pose an inherent danger to children, not all criminal defendants will be required to register. It is reasonable to exempt parents convicted of falsely imprisoning their own children from the reporting requirement. State v. Smith,
2009 WI App 16,
316 Wis. 2d 165,
762 N.W.2d 856,
08-1011.
301.45 Annotation
A person convicted of false imprisonment of a minor is required to register as a sex offender. Although the complaint in this case contained no allegation that the false imprisonment entailed anything sexual, the registration requirements of this section, as applied to the defendant, are constitutional because requiring registration is rationally related to a legitimate governmental interest. State v. Smith,
2010 WI 16,
323 Wis. 2d 377,
780 N.W.2d 90,
08-1011.
301.45 Annotation
To calculate the disparity of ages required in sub. (1m) (a) 2. in determining if an actor is exempt from registering as a sex offender, the time between the birth dates of the two parties is to be determined. Sub. (1m) (a) 2. was not unconstitutionally vague as applied to the defendant. State v. Parmley,
2010 WI App 79,
325 Wis. 2d 769;
785 N.W.2d 655,
09-1210.
301.45 Annotation
This section evidences a legislative intent to include out-of-state sex offenses. By its express language, sub. (1g) includes only those out-of-state offenses that are comparable to a Wisconsin sex offense. Sub. (6) (a) 2. includes out-of-state misdemeanors that are comparable to a sex offense. State v. Freland,
2011 WI App 80,
334 Wis. 2d 772,
800 N.W.2d 18,
10-0496.
301.45 Annotation
A registrant cannot be convicted of violating sub. (6) for failing to report the address at which he or she will be residing when he or she is unable to provide this information. A registrant is unable to provide the required information when that information does not exist, despite the registrant's reasonable attempt to provide it. However, homeless registrants are not exempt from registration requirements and homelessness is not a defense to failing to comply with the registration requirements. Under sub. (2) (f), the DOC may require a registrant to report to a police station to provide any required information that the person has not previously provided. State v. Dinkins,
2012 WI 24,
339 Wis. 2d 78,
810 N.W.2d 787,
09-1643.
301.45 Annotation
Wisconsin's Sex Offender Registration and Notification Laws: Has the Wisconsin Legislature Left the Criminals & Constitution Behind? Blair. 87 MLR 939 (2004).
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.
