9. Consequences of Sex Offender Registration Requirement
Wis. Stat. § 938.34(15m)(bm) requires sex offender registration for violations of various laws found in Chapters 940 and 948,⁶³ unless an exception at Wis. Stat.§ 301.45(1m) applies. It makes it discretionary for the court to order sex offender registration for other offenses if the court determines that the underlying conduct was sexually motivated and that registration would be in the interest of public protection. Wis. Stat. § 938.34(15m)(am).⁶⁴
Wis. Stat. § 301.45(1m) creates two exceptions to the otherwise-mandatory registration requirement. First, if the child is adjudicated delinquent for third degree sexual assault (Wis. Stat. § 940.224(3)(a)), and at the time of the offense, the child was under age 19 and the victim was 15 years or older, and registration “is not necessary, in the interest of public protection.” Wis. Stat. § 301.45(1m)(a)2m. Second, if the child was adjudicated delinquent for violating §§ 948.02(1)(2), 948.025 or 948.085(2), the violation did not involve sexual intercourse by use or threat of force, the victim was age 12 years or older and the child was under age 19 at the time of the offense, and registration is “not necessary, in the interest of public protection.” Wis. Stat. § 301.45(1m)(a)1m.
However, even in cases in which a registration order is required, the Wisconsin Supreme Court has held that the registration order can be stayed, “contingent on the juvenile’s satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court.” Wis. Stat. § 938.34(16). The criteria governing the “stay” discretion are set forth in In re Cesar G., 2004 WI 61, 272 Wis. 2d 22. If the child successfully completes supervision, the stayed order does not go into effect.
The effects of a sex offender registration order are onerous, for several reasons:
Registration orders are in effect for at least 15 years after an adjudicated delinquent completes the dispositional order. The court has discretion to order lifetime registration. Wis. Stat. §§ 938.34(15m)(d), 301.45(5).
Notification requirements for registrants include notification to the registry whenever they move, change schools, change work, leave the state, start or stop a volunteer activity, or set up an email account or internet website. Violation of those notification requirements is a crime. Wis. Stat. §§ 301.45(2),(3),(4),(4m),(4r),(6). If the violation occurs and the petition is filed while the registrant is still within juvenile court jurisdiction, juvenile court confidentiality rules apply. However, if the violation occurs and charges are filed when the registrant is an adult, those charges are public and may reveal an otherwise confidential underlying juvenile adjudication for a sex offense.
More than 150 Wisconsin municipalities and local governments have “residency restrictions” that limit the places where a registrant can live. For example, the restrictions may prohibit living within 1000 feet of a park, daycare center or school. If a child’s family lives in a “prohibited” area, residency restrictions may prevent a child from living with their family.⁶⁵ Lifetime registrants are barred from public housing. Other types of housing such as group homes or college dormitories, may bar sex offender registrants.
As a general rule, registrants cannot enter school grounds except for limited purposes. Wis. Stat. § 301.475(1). Children who are on the sex offender registry can attend school if the agency supervising their dispositional order works with school officials “to ensure the safety of the students attending the school with the student.” Wis. Stat. § 301.475(3)(d). Parents who are registrants can go to their child’s school if the parent has previously notified the school officials of their registration status. Wis. Stat. § 301.475(3)(c).
The DOC can place additional limitations on a registrant’s activities. Some municipalities also limit where sex offenders can go, i.e., “not to a park with a playground area.” ⁶⁶
Although the Wisconsin Registry for juvenile offenses is largely confidential, local police chiefs and sheriffs are authorized to make the information public “if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.” Wis. Stat. § 301.46(2)(e). They are specifically authorized to release registry information to schools, child care providers, child welfare agencies, neighborhood watch programs, organizations like the Girl Scouts and Boy Scouts, and any other community-based organization DOC “determines should have access to information under this subsection in the interest of protecting the public.”
A registrant who wishes to move, work or attend school out of state may be subject to the other state’s registration laws. The registrant should notify the Wisconsin registry before leaving the state and should report to the new state’s registry within 72 hours of arrival. The registrant may have to register in both states. The other state may make the juvenile registration public, as many other states do not keep juvenile registrations confidential. ⁶⁷
Being on the sex offender registry is an absolute bar to military enlistment and major categories of employment. Registrants are barred from all child care and child welfare employment and employment in education.
⁶³ If the juvenile is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.085 (2), 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the juvenile was not the victim's parent, the court shall require the juvenile to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the juvenile, that the juvenile is not required to comply under s. 301.45 (1m).
⁶⁴ Except as provided in par. (bm), if the juvenile is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45.
⁶⁵ Sex Offender Restrictions and Requirements, LC Information Memos, IM-2021-07, retrieved 3/24/22, Wisconsin State Legislature, <https://docs.legis.wisconsin.gov/misc/lc/information_memos/2021/im_2021_07>
⁶⁶ Id
⁶⁷ Registrant FAQ, Sex Offender Registry, retrieved 3/24/22, Wisconsin Department of Corrections, <https://appsdoc.wi.gov/public/faqsForRegistrants>
