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.