301.45. Sex
offender registration (as of December 8, 2010)
(1d)
Definitions. In this section:
(a) “Employed or carrying on
a vocation” means employment or vocational activity that is
full-time or part-time for a continuous period of time
exceeding 14 days or for an aggregate period of time
exceeding 30 days during any calendar year, whether
financially compensated, volunteered or for the purpose of
government or educational benefit.
(am) “Found to have committed
a sex offense by another jurisdiction” means any of the
following:
1. Convicted or found not
guilty or not responsible by reason of mental disease or
defect for a violation of a law of another state that is
comparable to a sex offense.
2. Convicted or found not
guilty by reason of mental disease or defect for a violation
of a federal law that is comparable to a sex offense.
3. Convicted or found not
guilty or not responsible by reason of mental disease or
defect in the tribal court of a federally recognized
American Indian tribe or band for a violation that is
comparable to a sex offense.
4. Sentenced or found not
guilty by reason of mental disease or defect by a court
martial for a violation that is comparable to a sex offense.
(b) “Sex offense” means a
violation, or the solicitation, conspiracy, or attempt to
commit a violation, of
s. 940.22(2),
940.225(1),
(2) or
(3),
944.06,
948.02(1) or
(2),
948.025,
948.05,
948.051,
948.055,
948.06,
948.07(1) to
(4),
948.075,
948.08,
948.085,
948.095,
948.11(2)(a) or (am),
948.12,
948.13, or
948.30, of
s. 940.302(2) if
s. 940.302(2)(a)1.b. applies, or of
s. 940.30 or 940.31 if the victim was a minor and the
person who committed the violation was not the victim's
parent.
(c) “Student” means a person
who is enrolled on a full-time or part-time basis in any
public , private, or tribal educational institution,
including a secondary school, a business, trade, technical
or vocational school, or an institution of higher education.
(1g) Who is
covered. Except as provided
in subs. (1m) and (1p), a person shall comply with the
reporting requirements under this section if he or she meets
one or more of the following criteria:
(a) Is convicted or
adjudicated delinquent on or after December 25, 1993, for a
sex offense.
(b) Is in prison, a juvenile
correctional facility, or a secured residential care center
for children and youth or is on probation, extended
supervision, parole, supervision, or aftercare supervision
on or after December 25, 1993, for a sex offense.
(bm) Is in prison, a juvenile
correctional facility, or a secured residential care center
for children and youth or is on probation, extended
supervision, parole, supervision, or aftercare supervision
on or after December 25, 1993, for a violation, or for the
solicitation, conspiracy, or attempt to commit a violation,
of a law of this state that is comparable to a sex offense.
(c) Is found not guilty or
not responsible by reason of mental disease or defect on or
after December 25, 1993, and committed under
s. 51.20 or
971.17 for a sex offense.
(d) Is in institutional care
or on conditional transfer under
s. 51.35(1) or conditional release under
s. 971.17 on or after December 25, 1993, for a sex
offense.
(dd) Is in institutional care
or on conditional transfer under
s. 51.35(1) or conditional release under
s. 971.17 on or after December 25, 1993, for a
violation, or for the solicitation, conspiracy or attempt to
commit a violation, of a law of this state that is
comparable to a sex offense.
(dh) Is on parole, extended
supervision, or probation in this state from another state
under
s. 304.13 (1m),
304.135, or
304.16 on or after December 25, 1993, for a violation,
or for the solicitation, conspiracy, or attempt to commit a
violation, of the law of another state that is comparable to
a sex offense.
(dj) Is a juvenile in this
state on or after May 9, 2000, and is on supervision in this
state from another state pursuant to the interstate compact
on the placement of juveniles under
s. 938.988 for a violation of a law of another state
that is comparable to a sex offense.
(dL) Is placed on lifetime
supervision under
s. 939.615 on or after June 26, 1998.
(dp) Is in institutional care
under, or on parole from, a commitment for specialized
treatment under ch. 975 on or after December 25, 1993.
(dt) Is in institutional care
or on supervised release under ch. 980 on or after June 2,
1994.
(em) Was required to register
under s. 301.45(1)(a), 1997 stats., based on a finding that
he or she was in need of protection or services and is
ordered to continue complying with the requirements of this
section by a court acting under 1999 Wisconsin Act 89,
section 107(1)(e).
(f) On or after December 1,
2000, 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 is a resident of this state, a student
in this state or employed or carrying on a vocation in this
state.
(g) Has been found to have
committed a sex offense by another jurisdiction and, on or
after December 1, 2000, is a resident of this state, a
student in this state or employed or carrying on a vocation
in this state. This paragraph does not apply if 10 years
have passed since 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.
(1m) Exception
to registration requirement; underage sexual activity.
(a) A person is not required to comply with the reporting
requirements under this section if all of the following
apply:
1. The person meets the
criteria under sub. (1g)(a) to (dd) based on any violation,
or on the solicitation, conspiracy or attempt to commit any
violation, of
s. 948.02(1) or
(2),
948.025, or
948.085(2).
1g. The violation, or the
solicitation, conspiracy or attempt to commit the violation,
of
s. 948.02(1) or
(2),
948.025, or
948.085(2) did not involve sexual intercourse, as
defined in
s. 948.01(6), either by the use or threat of force or
violence or with a victim under the age of 12 years.
2. At the time of the
violation, or of the solicitation, conspiracy or attempt to
commit the violation, of
s. 948.02(1) or
(2),
948.025, or
948.085(2), the person had not attained the age of 19
years and was not more than 4 years older or not more than 4
years younger than the child.
3. It is not necessary, in
the interest of public protection, to require the person to
comply with the reporting requirements under this section.
(b) If a person believes that
he or she is not required under par. (a) to comply with the
reporting requirements under this section and the person is
not before the court under
s. 51.20(13)(ct),
938.34(15m),
971.17(1m)(b) or
973.048, the person may move a court to make a
determination of whether the person satisfies the criteria
specified in par. (a). A motion made under this paragraph
shall be filed with the circuit court for the county in
which the person was convicted, adjudicated delinquent or
found not guilty or not responsible by reason of mental
disease or defect.
(be) A person who files a
motion under par. (b) or
s. 51.20 (13) (ct) 2m.,
938.34 (15m) (bm),
971.17 (1m) (b) 2m. or
973.048 (2m) requesting a determination of whether the
person is required to comply with the reporting requirements
under this section shall send a copy of the motion to the
district attorney for the county in which the motion is
filed. The district attorney shall make a reasonable attempt
to contact the victim of the crime that is the subject of
the person's motion to inform the victim of his or her right
to make or provide a statement under par. (bv).
(bm) A court shall hold a
hearing on a motion made by a person under par. (b) or
s. 51.20 (13) (ct) 2m.,
938.34 (15m) (bm),
971.17 (1m) (b) 2m. or
973.048 (2m) requesting a determination of whether the
person is required to comply with the reporting requirements
under this section. The district attorney who receives a
copy of a motion under par. (be) may appear at the hearing.
(bv) Before deciding a motion
filed under par. (b) or
s. 51.20 (13) (ct) 2m.,
938.34 (15m) (bm),
971.17 (1m) (b) 2m. or
973.048 (2m) requesting a determination of whether the
person is required to comply with the reporting requirements
under this section, the court shall allow the victim of the
crime that is the subject of the motion to make a statement
in court at the hearing under par. (bm) or to submit a
written statement to the court. A statement under this
paragraph must be relevant to whether the person satisfies
the criteria specified in par. (a).
(d)1. Before deciding a
motion filed by a person under par. (b) or
s. 51.20 (13) (ct) 2m.,
938.34 (15m) (bm),
971.17 (1m) (b) 2m. or
973.048 (2m) requesting a determination of whether the
person is required to comply with the reporting requirements
under this section, a court may request the person to be
examined by a physician, psychologist or other expert
approved by the court. If the person refuses to undergo an
examination requested by the court under this subdivision,
the court shall deny the person's motion without prejudice.
2. If a person is examined by
a physician, psychologist or other expert under subd. 1.,
the physician, psychologist or other expert shall file a
report of his or her examination with the court, and the
court shall provide copies of the report to the person and,
if he or she requests a copy, to the district attorney. The
contents of the report shall be confidential until the
physician, psychologist or other expert has testified at the
hearing held under par. (bm). The report shall contain an
opinion regarding whether it would be in the interest of
public protection to have the person register under this
section and the basis for that opinion.
3. A person who is examined
by a physician, psychologist or other expert under subd. 1.
is responsible for paying the cost of the services provided
by the physician, psychologist or other expert, except that
if the person is indigent the cost of the services provided
by the physician, psychologist or other expert shall be paid
by the county. If the person claims or appears to be
indigent, the court shall refer the person to the authority
for indigency determinations under
s. 977.07 (1), except that the person shall be
considered indigent without another determination under
s. 977.07 (1) if the person is represented by the state
public defender or by a private attorney appointed under
s. 977.08.
(e) At the hearing held under
par. (bm), the person who filed the motion under par. (b) or
s. 51.20 (13) (ct) 2m.,
938.34 (15m) (bm),
971.17 (1m) (b) 2m. or
973.048 (2m) has the burden of proving by clear and
convincing evidence that he or she satisfies the criteria
specified in par. (a). In deciding whether the person has
satisfied the criterion specified in par. (a) 3., the court
may consider any of the following:
1. The ages, at the time of
the violation, of the person and of the child with whom the
person had sexual contact or sexual intercourse.
2. The relationship between
the person and the child with whom the person had sexual
contact or sexual intercourse.
3. Whether the violation
resulted in bodily harm, as defined in
s. 939.22 (4), to the child with whom the person had
sexual contact or sexual intercourse.
4. Whether the child with
whom the person had sexual contact or sexual intercourse
suffered from a mental illness or mental deficiency that
rendered the child temporarily or permanently incapable of
understanding or evaluating the consequences of his or her
actions.
5. The probability that the
person will commit other violations in the future.
6. The report of the
examination conducted under par. (d).
7. Any other factor that the
court determines may be relevant to the particular case.
(1p) Exception
to registration requirement; privacy-related offenses.
(a) If a person is covered under sub. (1g) based solely on
an order that was entered under
s. 938.34(15m)(am) or
973.048(1m) in connection with a delinquency
adjudication or a conviction for a violation of
s. 942.08(2)(b), (c), or (d), the person is not required
to comply with the reporting requirements under this section
if the delinquency adjudication is expunged under
s. 938.355(4m)(b) or if the conviction is expunged under
s. 973.015(2).
(b) If a person is covered
under sub. (1g) based solely on an order that was entered
under
s. 51.20(13)(ct)1m.,
938.34(15m)(am),
938.345(3)(a),
971.17(1m)(b)1m., or
973.048(1m) in connection with a violation, or the
solicitation, conspiracy, or attempt to commit a violation,
of
s. 942.09, and the court provided in the order that the
person be released from the requirement to comply with the
reporting requirements under this section upon satisfying
the conditions of the court order under
s. 51.20(13)(ct)1m. or the dispositional order under
subch. VI of ch. 938, upon the termination or expiration of
a commitment order under
s. 971.17, or upon successful completion of the sentence
or probation as provided under
s. 973.048(1m)(b), whichever is applicable, and the
person satisfies the conditions of the court order under
s. 51.20(13)(ct)1m. or the dispositional order under
subch. VI of ch. 938, the commitment order under
s. 971.17 is terminated or expires, or the person
successfully completes the sentence or probation, whichever
is applicable, the person is no longer required to comply
with the reporting requirements under this section.
(2) What
information must be provided, by whom and when.
(a) The department shall maintain a registry of all persons
subject to sub. (1g). The registry shall contain all of the
following with respect to each person:
1. The person's name,
including any aliases used by the person.
2. Information sufficient to
identify the person, including date of birth, gender, race,
height, weight and hair and eye color.
3. The statute the person
violated that subjects the person to the requirements of
this section, 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.
4. Whichever of the following
is applicable:
a. The date the person was
placed on probation, supervision, conditional release,
conditional transfer or supervised release.
b. The date the person was or
is to be released from confinement, whether on parole,
extended supervision or otherwise, or discharged or
terminated from a sentence or commitment.
c. The date the person
entered the state.
d. The date the person was
ordered to comply with this section.
5. The address at which the
person is or will be residing.
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.
6m. The name or number of
every electronic mail account the person uses, the Internet
address of every Web site the person creates or maintains,
every Internet user name the person uses, and the name and
Internet address of every public or private Internet profile
the person creates, uses, or maintains. The department may
not place the information provided under this subdivision on
any registry that the public may view but shall maintain the
information in its records on the person. This subdivision
applies only to an account, Web site, Internet address, or
Internet profile the person creates, uses, or maintains for
his or her personal, family, or household use.
8. The name and address of
the place at which the person is or will be employed.
9. The name and location of
any school in which the person is or will be enrolled.
9m. For a person covered
under sub. (1g)(dt), a notation concerning the treatment
that the person has received for his or her mental disorder,
as defined in
s. 980.01(2).
10. The most recent date on
which the information in the registry was updated.
(b) If the department has
supervision over a person subject to sub. (1g), the
department shall enter into the registry under this section
the information specified in par. (a) concerning the person.
(c) If the department of
health services has supervision over a person subject to
sub. (1g), that department, with the assistance of the
person, shall provide the information specified in par. (a)
to the department of corrections in accordance with the
rules under sub. (8).
(d) A person subject to sub.
(1g) who is not under the supervision of the department of
corrections or the department of health services shall
provide the information specified in par. (a) to the
department of corrections in accordance with the rules under
sub. (8). If the person is unable to provide an item of
information specified in par. (a), the department of
corrections may request assistance from a circuit court or
the department of health services in obtaining that item of
information. A circuit court and the department of health
services shall assist the department of corrections when
requested to do so under this paragraph.
(e) The department of health
services shall provide the information required under par.
(c) or the person subject to sub. (1g) shall provide the
information required under par. (d) in accordance with
whichever of the following is applicable:
1. Within 10 days after the
person is placed on probation, supervision, aftercare
supervision, conditional release or supervised release.
1m. If the person is being
released from a prison sentence and placed on parole or
extended supervision, before he or she is released.
2. 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, before the person enters this state.
2m. 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, within 10 days after the person enters
this state to take up residence or begin school, employment
or his or her vocation.
2t. If the person has been
found to have committed a sex offense by another
jurisdiction and subd. 2m. does not apply, within 10 days
after the person enters this state to take up residence or
begin school, employment or his or her vocation.
3. No later than 10 days
before the person is terminated or discharged from a
commitment.
4. If the person is being
released from prison because he or she has reached the
expiration date of his or her sentence, no later than 10
days before being released from prison.
5. If subd. 1., 1m., 2., 2m.,
2t., 3. or 4. does not apply, within 10 days after the
person is sentenced or receives a disposition.
(f) The department may
require a person covered under sub. (1g) to provide the
department with his or her fingerprints, a recent photograph
of the person and any other information required under par.
(a) that the person has not previously provided. The
department may require the person to report to a place
designated by the department, including an office or station
of a law enforcement agency, for the purpose of obtaining
the person's fingerprints, the photograph or other
information.
(g) The department may send a
person subject to sub. (1g) a notice or other communication
requesting the person to verify the accuracy of any
information contained in the registry. A person subject to
sub. (1g) who receives a notice or communication sent by the
department under this paragraph shall, no later than 10 days
after receiving the notice or other communication, provide
verification of the accuracy of the information to the
department in the form and manner specified by the
department.
(h) The department shall
notify any person who is subject to sub. (1g) of the
prohibition under
s. 948.14.
(3) Annual
registration requirements.
(a) A person covered under sub. (1g) is subject to the
annual registration requirements under par. (b) as follows:
1. If the person has been
placed on probation or supervision, he or she is subject to
this subsection upon being placed on probation or
supervision.
1m. 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, he or she is subject to this subsection upon
entering this state.
1r. 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, within 10 days after the person enters
this state to take up residence or begin school, employment
or his or her vocation.
1t. If the person has been
found to have committed a sex offense by another
jurisdiction and subd. 1r. does not apply, within 10 days
after the person enters this state to take up residence or
begin school, employment or his or her vocation.
2. If the person has been
sentenced to prison or placed in a juvenile correctional
facility or a secured residential care center for children
and youth, he or she is subject to this subsection upon
being released on parole, extended supervision, or aftercare
supervision.
2m. If the person has been
sentenced to prison and is being released from prison
because he or she has reached the expiration date of his or
her sentence, before being released from prison.
3. If the person has been
committed under
s. 51.20 or
971.17, he or she is subject to this subsection upon
being placed on conditional release under
s. 971.17 or on a conditional transfer under
s. 51.35(1) or, if he or she was not placed on
conditional release or on a conditional transfer, before he
or she is terminated under
s. 971.17(5) or discharged under
s. 51.35(4) or
971.17(6).
3g. If the person has been
committed for specialized treatment under ch. 975, he or she
is subject to this subsection upon being released on parole
under
s. 975.10 or, if he or she was not released on parole,
before being discharged from the commitment under
s. 975.09 or
975.12.
4. If subd. 1., 1m., 1r.,
1t., 2., 2m., 3., 3g. or 3r. does not apply, the person is
subject to this subsection after he or she is sentenced or
receives a disposition.
(b)1. Except as provided in
subd. 1m., a person who is subject to par. (a) shall notify
the department once each calendar year, as directed by the
department, of his or her current information specified in
sub. (2)(a). The department shall annually notify
registrants of their need to comply with this requirement.
If the registrant is a person under the age of 18, the
department may also annually notify the registrant's parent,
guardian or legal custodian of the registrant's need to
comply with this requirement.
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.
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.
3. The department of health
services shall notify a person who is being placed on
conditional release, supervised 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.
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.
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 services, the department of corrections, a probation,
extended supervision and parole agent, an aftercare agent or
an agency providing supervision.
(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:
(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.
(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.
(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:
(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.
(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).
(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).
(5) Release
from requirements for persons who committed a sex offense in
this state. (a) Except as
provided in pars. (am) and (b), a person who is covered
under sub. (1g)(a), (b), (bm), (c), (d), (dd), (dp), (e) or
(em) no longer has to comply with this section when the
following applicable criterion is met:
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.
2. If the person has been
sentenced to prison for a sex offense or placed in a
juvenile correctional facility or a secured residential care
center for children and youth for a sex offense, 15 years
after discharge from parole, extended supervision, or
aftercare supervision for the sex offense.
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.
3. If the person has been
committed to the department of health 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).
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.
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.
(am)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.
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).
(b) A person who is covered
under sub. (1g)(a), (b), (bm), (c), (d), (dd), (dp) or (e)
shall continue to comply with the requirements of this
section until his or her death if any of the following
applies:
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.
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),
948.025, or
948.085(2). 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.
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.
(5m) Release
from requirements for persons who committed a sex offense in
another jurisdiction. (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:
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.
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:
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.
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.
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:
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.
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.
(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:
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.
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.
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.
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).
(c) This subsection does not
apply to a person who is required to register as a sex
offender under one or more of the criteria specified in sub.
(1g)(a), (b), (bm), (c), (d), (dd), (dp), (e) or (em).
(6) Penalty.
(a) Whoever knowingly fails to comply with any requirement
to provide information under subs. (2) to (4) is subject to
the following penalties:
1. Except as provided in subd.
2., the person is guilty of a Class H felony.
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:
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.
(ag) Whoever intentionally
violates sub. (4r) is subject to the following penalties:
1. Except as provided in subd.
2., the person is guilty of a Class H felony.
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:
b. The person was not
convicted of another offense under sub. (4r) before
committing the present violation.
(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.
(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.
(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).
(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).
(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.
(7) Information
maintenance and expungement.
(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.
(b) The department shall not
charge a fee for providing information under this
subsection.
(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:
1m. The person's conviction,
delinquency adjudication, finding of need of protection or
services or commitment has been reversed, set aside or
vacated.
2m. A court has determined
under sub. (1m) (b) that the person is not required to
comply with the reporting requirements under this section.
(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:
1. The person's written
request for expungement.
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).
(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:
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).
2. The department issues a
certificate of discharge under
s. 973.015(2).
3. The department receives a
certificate of discharge issued under s. 973. 015(2) by the
detaining authority.
(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:
1. If the person was ordered
by a court under
s. 51.20(13)(ct)1m. to comply with the reporting
requirements under this section, when the department
receives notice under
s. 51.20(13)(ct)1m.b. that the person has satisfied
conditions of the court order.
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.
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.
4. If the person was ordered
by a court under
s. 971.17(1m)(b)1m. to comply with the reporting
requirements under this section, when the department
receives notice under
s. 971.17(6m)(b)2. that the commitment order under
s. 971.17 is terminated or has expired.
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).
(8) Rules.
The department shall promulgate rules necessary to carry out
its duties under this section.
(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.
(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.
