Section Jus 9.02 - ApplicabilityThis 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:
(15)(a)1. If the juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02(1) or (2), 948.025, or 948.085(2), the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. 2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or 2. may be used only as authorized under s. 165.77(3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77(3). (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens under par. (a) and for the transportation of the specimens to the state crime laboratories under s. 165.77. Note: Section 973.047(1), 2011 Stats., reads:
(1f)If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765(1), 940.225(3m), 944.20, or 948.10 [s. 948.10(1) (b)], the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.Note: The correct cross-reference is shown in brackets.
(1m). The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77(3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77(3).(2)The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.Wis. Admin. Code Department of Justice Jus 9.02
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.