Ch. Jus 9 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1997, No. 499.

Jus 9.01 Jus 9.01 Purpose. This chapter is promulgated under ss. 165.76 (4), 165.77 (8), 938.34 (15), 973.047 (2), and 980.063 (2), Stats., to specify the procedures for carrying out the submission of human biological specimens, the analysis of DNA in those specimens, the maintenance of a data bank of DNA analysis data, and the use and disposition of specimens and data in the data bank under ss. 165.76, 165.77, 938.34 (15), and 973.047 (2), Stats.

Jus 9.01 History History: Cr. Register, July, 1997, No. 499, eff. 8-1-97; EmR1510: emerg. am., eff. 4-1-15; CR 14-070: am. Register September 2015 No. 717, eff. 10-1-15.

Jus 9.02 Jus 9.02 Applicability. This chapter applies to any person who meets any of the criteria listed in ss. 165.76 (1), 938.34 (15), and 973.047 (1f), Stats.

Jus 9.02 History History: Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.

Jus 9.03 Jus 9.03 Definitions. In this chapter:

Jus 9.03(1) (1) “Department” means the Wisconsin department of justice.

Jus 9.03(2) (2) “DNA” means deoxyribonucleic acid.

Jus 9.03(2m) (2m) “Juvenile” has the meaning given in s. 938.02 (10m), Stats.

Jus 9.03(3) (3) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime, enforcing federal or state laws or local ordinances, and making arrests for crimes.

Jus 9.03(4) (4) “Offender” means any person who meets any of the criteria in ss. 165.76 (1), 938.34 (15), and 973.047 (1f), Stats.

Jus 9.03(5) (5) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e), Stats.

Jus 9.03(6) (6) “Violent crime” has the meaning given in s. 165.84 (7) (ab), Stats.

Jus 9.03 History History: Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; EmR1510: emerg. cr. (2m), (5), (6), eff. 4-1-15; CR 14-070: cr. (2m), (5), (6) Register September 2015 No. 717, eff. 10-1-15.

Jus 9.04 Jus 9.04 Submission of human biological specimen for DNA data bank.

Jus 9.04(1) (1) Persons required to submit human biological specimen.

Jus 9.04(1)(a) (a) An offender, whether or not he or she is a resident of this state, who meets any of the following conditions shall provide a biological specimen to the state crime laboratories for DNA analysis:

Jus 9.04(1)(a)1. 1. Is or was in a juvenile correctional facility, in a secured residential care center for children and youth, or on probation, extended supervision, parole, supervision, or aftercare supervision after August 12, 1993, under circumstances provided in s. 165.76 (1) (a), Stats.

Jus 9.04(1)(a)2. 2. Is or was in prison after August 12, 1993, under circumstances provided in s. 165.76 (1) (ag), Stats.

Jus 9.04(1)(a)3. 3. Is or was adjudicated delinquent under circumstances provided in s. 165.76 (1) (am), Stats.

Jus 9.04(1)(a)4. 4. Is or was in prison on or after January 1, 2000, under circumstances provided in s. 165.76 (1) (ar), Stats.

Jus 9.04(1)(a)5. 5. Is or was found guilty of any misdemeanor on or after April 1, 2015, as provided in s. 165.76 (1) (as), Stats.

Jus 9.04(1)(a)6. 6. Is or was found guilty of any felony on or after January 1, 2000, as provided in s. 165.76 (1) (av) 1., Stats.

Jus 9.04(1)(a)7. 7. Is or was found guilty on or after January 1, 2000, and before April 1, 2015, of an offense under circumstances provided in s. 165.76 (1) (av) 2. or (aw), Stats.

Jus 9.04(1)(a)8. 8. Is or was sentenced or placed on probation on or after August 12, 1993, under circumstances provided in s. 165.76 (1) (bg), Stats.

Jus 9.04(1)(a)9. 9. Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under circumstances provided in s. 165.76 (1) (bm), Stats.

Jus 9.04(1)(a)10. 10. Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under circumstances provided in s. 165.76 (1) (br), Stats.

Jus 9.04(1)(a)11. 11. Is or was in institutional care on or after August 12, 1993, under circumstances provided in s. 165.76 (1) (c), Stats.