2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Representatives Ohnstad, Kerkman, McGuire,
Horlacher, Sinicki, Kitchens, Vruwink, Brandtjen and Tusler, cosponsored
by Senators Wanggaard, Olsen and Jacque. Referred to Committee on
Corrections.
AB723,1,3
1An Act to renumber 304.063 (1) (a); and
to create 304.063 (1) (ab) and 304.063
2(5) of the statutes;
relating to: notice to the public upon release of a violent
3offender.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Corrections is required to notify the local
police and county sheriff whenever a person is released from prison and will be living,
working, or attending school in that police's or sheriff's jurisdiction. Under this bill,
if the person is serving a sentence for certain crimes against life and bodily security
or crimes against a child, DOC is required to provide certain identifying information
about the person in the notice to the local police and county sheriff and, upon request,
to certain community organizations. Under the bill, the local police chief and county
sheriff are required to release the information to the public, unless the person who
is the subject of the notice is a child.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723,1
4Section
1. 304.063 (1) (a) of the statutes is renumbered 304.063 (1) (am).
AB723,2
5Section
2. 304.063 (1) (ab) of the statutes is created to read:
AB723,2,3
1304.063
(1) (ab) “Agency with jurisdiction” means the state agency with the
2authority or duty to confine or supervise a person or release or discharge a person
3from confinement.
AB723,3
4Section
3. 304.063 (5) of the statutes is created to read:
AB723,2,85
304.063
(5) (a)
Before a person who is serving a sentence for a violation of s.
6940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07,
7or 948.085 is released on parole or extended supervision or is released from prison
8upon the expiration of his or her sentence, the department shall notify the following:
AB723,2,109
1. The police chief of any community and the sheriff of any county in which the
10person will be residing, employed, or attending school.
AB723,2,1211
2. Any of the following entities, upon request in a form and manner specified
12by the department:
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a. A public or private elementary or secondary school or a tribal school, as
14defined in s. 115.001 (15m).
AB723,2,1715
b. A child care provider that holds a license under s. 48.65, that is certified
16under s. 48.651, that holds a probationary license under s. 48.69, or that is
17established or contracted for under s. 120.13 (14).
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c. A child welfare agency licensed under s. 48.60.
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d. A group home licensed under s. 48.625.
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e. A shelter care facility licensed under s. 938.22.
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f. A foster home licensed under s. 48.62.
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g. A county department under s. 46.21, 46.215, 46.22, 46.23, 51.42, or 51.437.
AB723,2,2423
h. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57
24(2).
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i. The department of justice.
AB723,3,1
1j. The department of public instruction.
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k. The department of health services.
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L. The department of children and families.
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m. A neighborhood watch program authorized under s. 60.23 (17m) or by law.
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n. An organized unit of the Boy Scouts of America, the Boys and Girls Clubs
6of America, the Girl Scouts of the United States of America, or Camp Fire.
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o. The personnel office of a sheltered workshop, as defined in s. 104.01 (6).
AB723,3,108
p. Any other community-based public or private, nonprofit organization that
9the department determines should have access to information under this subsection
10in the interest of protecting the public.
AB723,3,1111
(b) The notice under par. (a) shall include all of the following information:
AB723,3,1212
1. The person's name, including any aliases used by the person.
AB723,3,1413
2. Information sufficient to identify the person, including date of birth, gender,
14race, height, weight, and hair and eye color.
AB723,3,1515
3. A photograph of the person.
AB723,3,1716
4. The approximate location of the person's residence, expressed as distance
17within a radius of a nearby intersection.
AB723,3,2018
5. The name of the agency supervising the person, if applicable, and the office
19or unit and telephone number of the office or unit that is responsible for the
20supervision of the person.
AB723,3,2521
(c) Whenever a person who is the subject of a notice under par. (a) is on parole
22or extended supervision and changes his or her residence, employment, or
23enrollment in a school, the agency with jurisdiction shall provide notice to the
24individuals listed in par. (a) 1. and 2. A notice under this paragraph shall contain
25the information specified in par. (b) 1. to 5.
AB723,4,2
1(d) Except as provided under par. (e), a police chief or sheriff who receives notice
2under this subsection shall provide the information in the notice to the public.
AB723,4,43
(e) A police chief or sheriff may not release any information concerning a child
4who is the subject of the notice under par. (a) or (c).
