Counting convictions and findings for the purpose of the sex offender registry and notifications.
The bill's provisions are retroactive, requiring the DOC to identify individuals who were previously released from the registry requirements but would have been subject to them had this bill been in effect. These individuals will be notified they must register as sex offenders or face penalties, including felony charges for non-compliance. This retroactivity aspect has raised concerns regarding fairness and the impact on those who believed they were no longer subject to the registry. It will significantly alter the landscape of sex offender registration in the state by potentially increasing the number of individuals required to register.
Assembly Bill 944 addresses the counting of convictions and findings concerning the sex offender registry and notification requirements in Wisconsin. The bill codifies an attorney general's opinion which clarifies the interpretation of the phrase 'two or more separate occasions.' This means that when determining whether a person must register as a sex offender, each conviction or not guilty finding by reason of mental disease or defect will be counted separately, even if they occurred during the same proceeding or were included in the same complaint. Under current law, this counts as separate incidents for registration under the Department of Corrections (DOC).
Supporters of AB944 argue that the bill is necessary for public safety, as it closes loopholes related to the registration of sex offenders. They believe that counting each conviction separately provides a clearer picture of the offender's history and ensures that those with serious past offenses are monitored more closely. However, opponents have expressed concerns that the retroactive enforcement could stigmatize individuals who have been reintegrated into society under previous laws. They argue it is unjust to penalize individuals based on changing legal interpretations after they have served their sentences and complied with the laws at the time of their release.