SB 874

This bill codifies the attorney general opinion, OAG-02-17, regarding the

interpretation of the statutory phrase “two or more separate occasions” as it relates

to the sex offender registry and notification requirements.

Under current law, a person must register with the Department of Corrections

as a sex offender if he or she has been convicted of certain sex offenses or found not

guilty of certain sex offenses by reason of mental disease or defect. The length of time

that the person must register varies depending on the offense or the number of

convictions or findings. A person generally must register until he or she dies 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, 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