Wisconsin Administrative Code › Department of Justice › Chapter Jus 9 - Deoxyribonucleic Acid (DNA) Data Bank › Section Jus 9.02 - Applicability

Current through June 24, 2024
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.
Note: Section
				165.76(1),
				2011 Stats., reads:
(1) A person shall
			 provide a biological specimen to the state crime laboratories for
			 deoxyribonucleic acid analysis if he or she meets any of the following
			 criteria:
(a) Is or was in a juvenile
			 correctional facility, as defined in s.
			 938.02(10p),
			 or a secured residential care center for children and youth, as defined in s.
			 938.02(15g),
			 or on probation, extended supervision, parole, supervision, or aftercare
			 supervision on or after August 12, 1993, for any violation of s.
			 940.225(1) or
			 (2),
			 948.02(1) or
			 (2),
			 948.025,
			 or
			 948.085.
(ag) Is or was in prison on or after August
			 12, 1993, and before January 1, 2000, for any violation of s.
			 940.225(1) or
			 (2),
			 948.02(1) or
			 (2), or
			 948.025.
(ar) Is or was in prison on or
			 after January 1, 2000, for a felony committed in this state.
(av) Is or was found guilty on or after
			 January 1, 2000, of any felony or any violation of s.
			 165.765(1),
			 940.225(3m),
			 944.20,
			 or
			 948.10.
(b) Has been found not guilty or not
			 responsible by reason of mental disease or defect on or after August 12, 1993,
			 and committed under s.
			 51.20
			 or
			 971.17
			 for any violation of s.
			 940.225(1) or
			 (2),
			 948.02(1) or
			 (2),
			 948.025,
			 or
			 948.085.
(br) Has been found not guilty or
			 not responsible by reason of mental disease or defect on or after January 1,
			 2000, and committed under s.
			 51.20
			 or
			 971.17,
			 for any felony or a violation of s.
			 165.765(1),
			 940.225(3m),
			 944.20,
			 or
			 948.10.
(c) Is or was in institutional care on or
			 after August 12, 1993, for any violation of s.
			 940.225(1) or
			 (2),
			 948.02(1) or
			 (2),
			 948.025,
			 or
			 948.085.
(cr) Is or was in institutional care on or
			 after January 1, 2000, for a felony or any violation of s.
			 165.765(1),
			 940.225(3m),
			 944.20,
			 or
			 948.10.
(d) Has been found to be a sexually violent
			 person under ch. 980 on or after June 2, 1994.
(e) Is or was released on parole or extended
			 supervision or placed on probation in another state before January 1, 2000, and
			 is or was on parole, extended supervision, or probation in this state from the
			 other state under s.
			 304.13(1m),
			 304.135,
			 or
			 304.16
			 on or after July 9, 1996, for a violation of the law of the other state that
			 the department of corrections determines, under s.
			 304.137(1),
			 is comparable to a violation of s.
			 940.225(1) or
			 (2),
			 948.02(1) or
			 (2),
			 948.025,
			 or
			 948.085.
(f) Is or was released on parole or extended
			 supervision or placed on probation in another state on or after January 1,
			 2000, and is or was on parole, extended supervision, or probation in this state
			 from the other state under s.
			 304.13(1m),
			 304.135,
			 or
			 304.16
			 for a violation of the law of the other state that the department of
			 corrections determines, under s.
			 304.137(2),
			 would constitute a felony if committed by an adult in this state.
(g) Has been required by a court under s.
			 51.20(13)
			 (cr),
			 938.34(15m)
			 [s.
			 938.34(15)],
			 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the
			 state crime laboratories for deoxyribonucleic acid analysis.
Note: The correct cross-reference is shown in brackets.
(h) Is notified by the department
			 of justice, the department of corrections, a district attorney, or a county
			 sheriff under sub. (1m) that the person is required to provide a biological
			 specimen.
Note: Section
				938.34(15),
				2011 Stats., reads: