Counting convictions and findings for the purpose of the sex offender registry and notifications

Under current law, if a person committed a sex offense in another state and is required to register in Wisconsin due to moving here, working here, or going to school here, the person must register in Wisconsin for as long as he or she lives, works, or attends school in Wisconsin if the person has on two or more separate occasions been convicted of a sex offense or found not guilty of a sex offense by reason of mental disease or defect.

Under current law, when a person who is required to register as a sex offender is released into the community from confinement or other care, DOC or the Department of Health Services, whichever agency has authority over the registrant, must notify the police chief of the community, and the sheriff of the county, in which the registrant will be residing, employed, or attending school or through which the registrant will be traveling if the registrant has been, on two or more separate occasions, convicted of a sex offense or found not guilty of a sex offense by reason of mental disease or defect. A person who is the subject of such a notification is subject to lifetime global positioning system tracking.

The phrase “on two or more separate occasions” is not defined in current law.

In OAG-02-17, the attorney general concluded that the phrase referred to multiple convictions, regardless of whether they were part of the same proceeding, occurred on the same date, or were included in the same criminal complaint. This bill codifies the attorney general opinion and also applies it to findings of not guilty by reason of mental disease or defect. Under the bill, when counting convictions or such findings for the purposes described above, each conviction or finding is counted separately even if they were part of the same proceeding, occurred on the same date, or were included in the same complaint.

The bill is retroactive. Under the bill, DOC must identify persons who were released from the registry requirement or were not subject to the lifetime tracking requirement before the bill took effect but who would have been subject to the pertinent requirement had the bill been in effect. No later than 60 days after the bill takes effect, DOC must notify these persons that they must register as sex offenders or be subject to lifetime tracking. Under the bill, persons who are notified that they must register have 30 days after being notified to register or they are guilty of a Class H felony.