WI- Wisconsin fights sex offender registry mandate

2-14-2009 Wisconsin:

Delay sought on law requiring thousands more names, details

Wisconsin is fighting to stall a federal deadline to change its sex offender registry that likely will require adding thousands to the list, including those convicted of minor offenses.

The changes are mandated under the Adam Walsh Child Protection and Safety Act, named for a 6-year-old boy who was abducted and murdered in 1981 in Florida. Passed by Congress in 2006, the law has a July 1 deadline that would force Wisconsin to add juveniles to its online registry, create classes of registrants who would appear on the list for set lengths of time and include much more detail about each offender.

The state Department of Corrections is worried about the legal hurdles it has to leap — specifically legislative changes — to comply with the law. Defense attorneys are concerned the expanded definition of a sex offender and the detailed information required on the registry will force them to take to trial minor cases that normally would be resolved through a plea deal.

"We are going to be submitting a request for a one-year extension for substantial compliance with the U.S. Department of Justice which is responsible for review of compliance packages from the states," said Melissa Roberts, director of sex offender programs for the state Department of Corrections.

The federal law allows states to apply for two one-year extensions. No state is in compliance with the requirements and several states have mounted legal challenges against certain aspects of the law, according to a recent New York Times report.

Wisconsin has 18,797 offenders listed on its Web site. That number could balloon under the federal law's requirements, which include:

Adding juveniles to the registry. Wisconsin requires juvenile offenders to register, but does not post the information on the Web site. Wisconsin has 1,891 juvenile registered sex offenders.

Setting up three classes of registrants based on their offenses, with 15-year, 25-year and lifetime registration. Wisconsin has its own standards that require periods of registration ranging from 15 years to life, but they don't sync with the federal standards.

Adding more detailed information to the Web site, including where offenders work or go to school, the kinds of cars they drive and complete listings of offenses. The Web site also must be searchable by municipality, not just ZIP codes.

"We have to look at getting legislative changes made," Roberts said. "Not only is there not enough time to get all the legislative changes made, but there are changes that need to be made in the technology."

Neenah attorney Rob Bellin said he is advising his clients charged with misdemeanor sex offenses — the sort most people don't view on the same level as violent, predatory acts — that they could face the possibility of registration if convicted.

Offenses such as inappropriate touching or having sex with a child older than 16 are misdemeanors now and don't require registration, but they would under the federal mandate.

Bellin points to the case of Adam Burrows, an Outagamie County sheriff's deputy charged with fourth-degree sexual assault. Burrows is accused of fondling a 16-year-old girl, and is going to trial because he can't risk ending up on the sex offender registry.

"For Burrows, I think it would be very difficult to have a job as a police officer if you are a registered sex offender," Bellin said.

Roberts couldn't say for certain how many additional people would have to be added to the state registry for it to comply with the Adam Walsh act, but it could be in the thousands. ..News Source.. by Dan Wilson • Post-Crescent staff writer