Sex Offender Registry and Community Notification Law
1995 Wis. Act 440
Section 301.45, Wis. Stats.
Overview of Law
Registry:
- Sex Offender Registration Program (SORP) transferred from Department
of Justice (DOJ) to Department of Corrections (DOC).
- Expands the number of offenders required to register:
-anyone convicted of any felony sexual assault;
-anyone with a felony sex offense conviction who enters Wisconsin under
an interstate compact agreement;
-anyone committed under the sexually violent person law (Chapter 980, also
known as sexual predator law); and.
-any offender convicted of an offense in which the court determines the
crime was "sexually motivated."
- NOTE: Offenses committed by juveniles will NOT be included in the registry
unless the matter resulted in the offender being waived into adult court.
Offenders adjudicated in juvenile proceedings will not be included.
- Offenders are required to register at the beginning of their sentence
or commitment, including placement on probation, supervised release or
conditional release from supervision.
- Offenders are required to register for 15 years following their discharge
from sentence or commitment; and offenders that have two or more sexual
assault convictions will be required to register for life.
- Registry only applies to offenders convicted of, incarcerated or on
field supervision for any felony sex offense since December 25, 1993.
Notification:
- Prior to passage of Act 440, only law enforcement agencies had access
to information on the Sex Offender Registry. This law expands access to
the community.
- Law Enforcement agencies will have immediate, on-line linkage via computer
for inquiries about sex offenders.
- Established a Special Notification Bulletin process to provide law
enforcement in an area where a high risk offender will be released with
information about that offender.
- Creates a toll-free number (800-398-2403) and information system whereby
victims, non-criminal justice entities and the general public can access
certain information contained in the registry.
- Provides a penalty for the misuse of information contained in the registry
and includes a provision providing immunity from liability for public officials
who provide information on an offender to the public.
Effective Date:
Full implementation of the expanded sex offender registry and the community
notification provisions become effective on June 1, 1997.
Information Contained in the Sex Offender Registry
· Registrant Name and Aliases
· Date of Birth
· Gender
· Race
· Height
· Weight
· Hair Color
· Eye Color
· Markings, such as scars or tattoos
· Conviction Statute, such as 948.02(1) = First Degree Sexual Assault
of a Child
· Date of Conviction or Commitment (if under a Chapter 980 Commitment)
· County or State of Conviction
· Date Placed on Probation or Supervision
· Date Released from Confinement
· Date Entered Into the State (if from out of state)
· Date Ordered to Comply With Registry
· Date Discharged from Sentence or Commitment
· Registrant Address
· Name and Address of Registrant's Employer
· Name and Address of Registrant's School, such as MATC
· Make, Model and License Number of Vehicle
· Supervising Agency and Phone Number
· Date Information Last Updated -- at least annually, but registrant
required to provide updated information when change in residence, school,
employment, and/or vehicle registration changes. Chapter 980 cases on supervised
release required to verify information at least every 90 days or when a
change occurs.
· Offender Profile information (available only to law enforcement)
Who Has Access To What Information?
Law Enforcement: will have 24-hour access to all of the information
contained in the registry.
Bona fide Neighborhood Watch Programs: may request information
from the registry on a group of residents who live in the identified geographic
area of the program. This information is not made available via the toll-free
number, but via a written request to local law enforcement.
Victims: Can request written notification of reported change in
address, employment*, school enrollment* (if applicable) and motor vehicle
registration. Besides this written notification, victims will have access
through the 1-800# to the registrant's name and aliases, address, employment
and/or school enrollment location, supervising agency and phone number,
vehicle information and the date when the registry information was last
updated.
General Public: Via the 1-800# will receive information about
when the registry was last updated, the registrant's name and aliases, the
conviction statute and vehicle information.
How Will This System Operate for Victims?
For victims calling the 1-800 number, they will be asked to put in their
Victim Identification Number (VIN). Thius number is given out to all victims
who choose to receive the information contained in the registry. Victims
already enrolled in the Psarole Eligibility Notification System (PENS) will
receive a letter from DOC that informs them about the information in the
sex offender registry and how they can access that information through the
VINE system already in place through PENS. Victims who choose to receive
notification through PENS will continue to receive information about the
status of the offender -- such as where the offender is in custody, mandatory
release date, parole eligibility release date, etc.
For new cases, victims will receive information about SORP via the victim/witness
coordinator when that coordinator mails the victim the case disposition
letter.
The importance of the VIN is that is allows the SORP system to provide
the additional information to victims that is not available to the general
public.
How Will This System Operate for the General Public?
The SORP is designed really to be more of a community access system instead
of community notification. Here's the distinction: law enforcement will
be in control of community notification whereas the general public has access
to limited information on the registry via the 1-800# only if they have
the requisite information to get into the system.
An individual in the general public would call the number, 1-800-398-2403,
and would be allowed to get information on a specific offender only if they
can enter the following information:
1. The offender's full name
2. The offender's exact birth date
3. Either the offender's social security number or driver's license number.
If an individual gets into the system via this method, they will be warned
about the penalties for misuse of the information.
For members of the general public who choose to request information through
their local law enforcement agency, they will be asked to complete a request
form. However, for offenders that law enforcement deem broader community
notification is warranted, information may be distributed to the general
public without waiting for a specific written request (technical change
of law pending in legislature).
Telephone Numbers Regarding the SORP
Community Access Number 1-800-398-2403
Department of Corrections Victim Advocate 1-800-947-5777
DOC SORP Office 608-261-6780
Summary provided by Amy Judy, Wisconsin Coalition Against
Sexual Assault, 123 E. Main Street, 2nd Floor, Madison, WI 53703. Telephone
608-257-1516.
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