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;
2013 a. 283,
362;
2015 a. 55,
80,
159; s. 13.92 (2) (i).
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
The $100 annual registration fee that sub. (10) imposes on convicted sex offenders does not violate the prohibition in Article I, section 10, of the U.S. Constitution against states' enacting ex post facto laws. The fee is intended to compensate the state for the expense of maintaining the sex offender registry. The offenders are responsible for the expense, so there is nothing punitive about making them pay for it, any more than it is punitive to charge a fee for a passport. Mueller v. Raemisch,
740 F.3d 1128 (2014).
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)3m.a.a. Any sex offense that was dismissed as part of a plea agreement if the sentencing court ordered that the offender be subject to the registration requirements of
s. 301.45.
301.46(2)(b)3m.b.
b. Any sex offense that was dismissed as part of a plea agreement if the adjudicating court ordered that the juvenile be subject to the registration requirements of
s. 301.45.
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 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)1.1. 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 subdivision 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)(a)2.
2. If a person described under
s. 301.45 (1g) (dh),
(dj),
(f), or
(g) becomes a resident of this state from another state under
s. 304.16, becomes a student in this state, becomes employed or begins carrying on a vocation in this state, or becomes subject to a sanction in this state other than a placement in a Type 1 prison or a jail, 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 violation of the law of another jurisdiction that is comparable to a sex offense, the department may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or carrying on a vocation, or attending school if the department determines that such notification is necessary to protect the public. Notification under this subdivision may be in addition to providing access to information under
sub. (2) or to any other notification that the department is authorized to provide.
301.46(2m)(am)1.1. 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 and through or to which the person will be regularly traveling. Notification under this subdivision is 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)(am)2.
2. If a person described under
s. 301.45 (1g) (dh),
(dj),
(f), or
(g) becomes a resident of this state from another state under
s. 304.16, becomes a student in this state, becomes employed or begins carrying on a vocation in this state, or becomes subject to a sanction in this state other than a placement in a Type 1 prison or a jail, and 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 violation of the law of another jurisdiction that is comparable to a sex offense, the department shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or carrying on a vocation, or attending school. Notification under this subdivision is in addition to providing access to information under
sub. (2) or to any other notification that the department is authorized to provide.
301.46(2m)(ap)
(ap) If the subject of the notification under
par. (a) or
(am) changes his or her residential address, 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 may be in an electronic form or in the form of a written bulletin and 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)1.1. 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)(at)2.
2. Paragraph (ap) does not apply if the agency with jurisdiction determines that notification is not necessary in the interest of public protection and that the person did not commit a sex offense with the use or threat of force or violence.
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, if the notice is provided under
par. (a) 1. or
(am) 1., or that the department, if the notice is provided under
par. (a) 2. or
(am) 2., 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 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, domestic partner under
ch. 770, 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 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 child 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.
