Saturday, July 24, 2010

Changing the Laws: Part 6 - Release from the Registry

301.45 Sex offender registration.

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=301.45

This section deals with removal from the registry, the title while hopeful, doesn't hold much hope due to the exemptions that are built into the statute that isn't obvious without reading more into each exemption.  The way the exemptions are set up and the process to be removed is set up it is impossible to get off the registry.
(5) RELEASE FROM REQUIREMENTS FOR PERSONS WHO COMMITTED A SEX OFFENSE IN THIS STATE.
(a) Except as provided in pars. (am) and (b), a person who is covered under sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) or (em) no longer has to comply with this section when the following applicable criterion is met:
1. If the person has been placed on probation or supervision for a sex offense, 15 years after discharge from the probation or supervision imposed for the sex offense.

2. If the person has been sentenced to prison for a sex offense or placed in a juvenile correctional facility or a secured residential care center for children and youth for a sex offense, 15 years after discharge from parole, extended supervision, or aftercare supervision for the sex offense.

2m. If the person has been sentenced to prison for a sex offense and is being released from prison because he or she has reached the expiration date of the sentence for the sex offense, 15 years after being released from prison.

3. If the person has been committed to the department of health services under s. 51.20 or 971.17 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6).

3m. If the person has been committed for specialized treatment under ch. 975, 15 years after discharge from the commitment under s. 975.09 or 975.12.

4. If subd. 1., 2., 2m., 3. or 3m. does not apply, 15 years after the date of conviction for the sex offense or 15 years after the date of disposition of the sex offense, whichever is later.

(am) 1. Except as provided in subd. 2., a person who is covered under sub. (1g) (dL) shall continue to comply with the requirements of this section until his or her death.

2. A person who is covered under sub. (1g) (dL) is not required to comply with the requirements of this section if a court orders that the person is no longer required to comply under s. 939.615 (6) (i).
The part that does in anyone that has been placed on lifetime supervision is subd. 4. (am).  This is where it refers to one of the earlier sections that I have discussed that states:
(dL) Is placed on lifetime supervision under s. 939.615 on or after June 26, 1998.
This is where it reverts back to everyone that has life on the registry still has life on the registry regardless.  What starts to make it interesting and again give more hope is in subpar. 2. where the reference is made to the 939.615 (6) statute.   This statute gives remedy to those that are on lifetime supervision, which has nothing to do with registration.  But for those that did not see the change in words from registry to supervision, it would be misleading.
(6) PETITION FOR TERMINATION OF LIFETIME SUPERVISION.
(a) Subject to par. (b), a person placed on lifetime supervision under this section may file a petition requesting that lifetime supervision be terminated. A person shall file a petition requesting termination of lifetime supervision with the court that ordered the lifetime supervision.

(b) 1. A person may not file a petition requesting termination of lifetime supervision if he or she has been convicted of a crime that was committed during the period of lifetime supervision.

2. A person may not file a petition requesting termination of lifetime supervision earlier than 15 years after the date on which the period of lifetime supervision began. If a person files a petition requesting termination of lifetime supervision at any time earlier than 15 years after the date on which the period of lifetime supervision began, the court shall deny the petition without a hearing.

(c) Upon receiving a petition requesting termination of lifetime supervision, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime supervision.  Upon receiving a copy of a petition sent to him or her under this paragraph, a district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime supervision. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

(d) After reviewing the report of the district attorney submitted under par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:

1. If the report of the district attorney indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall deny the person’s petition without a hearing.

2. If the report of the district attorney indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (em) and shall schedule a hearing on the petition to be conducted as provided under par. (f).

(e) A person filing a petition requesting termination of lifetime supervision who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime supervision is a danger to public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney who received a copy of the person’s petition under par. (c). The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (f). The person petitioning for termination of lifetime supervision shall pay the cost of an examination required under this paragraph.

(em) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime supervision. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person’s conduct while on lifetime supervision and an opinion as to whether lifetime supervision of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (f), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.

(f) A hearing on a petition requesting termination of lifetime supervision may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime supervision should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney who received the petition under par. (c) may offer evidence relevant to the issue of the person’s dangerousness and the continued need for lifetime supervision.

(g) The court may grant a petition requesting termination of lifetime supervision if it determines after a hearing under par. (f) that lifetime supervision is no longer necessary to protect the public.

(h) If a petition requesting termination of lifetime supervision is denied after a hearing under par. (f), the person may not file a subsequent petition requesting termination of lifetime supervision until at least 3 years have elapsed since the most recent petition was denied.

(i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under s. 301.45 (5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).
Ok the only problem I see in this is whether or not they are allowed to count read-in charges that were not convictions.  I will have to consult a lawyer on that particular question.  But it would appear that unless you are a new arrival in the state of Wisconsin, lifetime supervised offenders can petition the court for release from supervision after 15 years, that is if they can afford all the things needed to do that.  The psychological evaluation can cost upwards of $1,200 or more to have done as as state in the first few paragraphs, that price tag is to be picked up by the offender, who already is required to pay $100 per year to be registered on this registry along with "at least $1 a day for supervision.  After all the payments on top of living expenses there usually no money left for a costly defense of your basic human rights.

46 comments:

  1. So as a sex offender I was told by judge at sentencing that I had to register for 15 years.
    My probation got revoked and now 10 years later I am finally off of parole. So when does my 15 years of registering end, is it 15 years from sentencing or 15 years after done with parole?

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    1. The 15 years begins from the date of release of DOC supervision

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  2. I am no lawyer, but my understanding of how the statute is applied is that it is 15 years from the date of discharge from the DOC's supervision. If you would like to find out for sure for your particular case, I would suggest you speak with an attorney. For each case will be handled differently for each judge.

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  3. I was convicted of sexual assault back in 1995, got probation and discharged. I have had other convictions, mostly disorderly conduct and a burglary in 1997. From what I just read, I have to wait 15 years to ask to be removed. I know of someone that had the same offense and was removed, with other crimes, so I am guessing it is kind of up to the DA? I have 3 children now with the same mother and this limits things I would like to do.

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    1. Depending on the convictions, dates, and circumstances of your case, according to the statutes https://docs.legis.wisconsin.gov/statutes/statutes/301/45 , and they are worded in a way that can lead you to believe that it would be 15 years. But there are more conditions that they reference in there that excludes most people from requesting removal for at least 20 years and some not at all.

      I am not a lawyer but with the information you have provided it is hard to determine if 15 years would apply to you or not. If you would like to discuss it further you can contact me at wisconsinrsol@gmail.com or you can call me at the number listed on the page and I can try to give you more information about registration and removal.

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  4. I hope someone can help me out with this one.. My situations is a little different than others who have commented. My husband of 7 years ( we have been together for 12 years) in 1996 a few months out of college, and working as a computer engineer at a professional well respected company, was convicted of 2nd degree sexual assault of a 15 year old( who turned 16 a week later) . They were kinda seeing each other and her dad was pissed so he called the cops. She didn't even want him to get into trouble or even go to court over this. They ( her parents) were just money hungry and wanted to get some kind of restitution. To make a long story short, he got sentenced to 4 yrs, was released in 2000 after only only serving 2 years for good behavior, he went back to his same position at the same company, ( they held his job for him) and since then he has not got into any type of trouble with the law. Not even so much as a parking ticket. In January of last year (2012) he was released off of probation, again,he had no trouble while on it and had no police contact the entire 12 years he was on probation. By the way I want to mention that this was his only contact with police, other than a few speeding tickets when he was in high school. Today, he is still working at that same company as a senior level engineer. We have 5 children. Our kids have no friends due to ignorant parents, and forbid their children to play with ours.
    They range from 20,16,9,and 7 yr old twins. Its really sad to see them cry when they dont get invited to birthday parties, and no one comes to theirs. Parents spreading lies that he is a predator and kids are in danger if they kids play with our kids! Seriously, come on! I've tried to explain the situation to the parents of kids, and when he was on probation, his probation officer even tried to explain to everyone that he is in no way any type of threat and she even went as far as telling him to sue then for slander and she would be on your side to testify!!! Seriously!! Because we will in a very small town , ( less than 2000) everyone knows each other and their business. We have female friends who are on the Milwaukee police department who know him, and they are not worried if he is around their kids!
    We have the financial means to pay for whatever hoops they want us to jump through, and for an attorney. Just wondering everyone's opinion as to what you think his chances are as far as getting of the registry?? Oh, I want to also add that at sentencing in 1998, the judge said he know it wasn't all his fault and he needed to set an example ( its even in the transcripts) and he needed to register for 15 years after he got out of prison. Since then, I guess there was a low passed in Wisconsin saying everyone is lifer. It shows that he is a life registrant on the registry. Can they just go above the judges order about how long he needs to register?
    As a parent of small children, I can understand and I respect their concerns. However, I would not be so ignorant and if someone offers to tell about the situation, I would at least be open to hear them out. I would especially wouldn't take it out on the kids, that's Fine, you dont have to have the children come to my house.. but let kids be kids and enjoy their childhood. They are the innocent victims in this whole mess. Its just causing a bad situation worse!
    Thanks for reading my post and letting me rant and rave!

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  5. O MY GOODNESS.. I JUST SAW THIS BLOG WAS FROM LASTY EAR! i DOUBT IF ANYONE WILL READ IT LET ALONE REPLY TO MY COMMENT ABOVE!

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  6. I get ever comment and try to answer them as well.

    I do have some information to you about these issues you are experiencing, please email me in a private message at administrator@wisconsinreform.org and I am more than willing to talk with you about this.

    I can tell you this, there is hope, there have been some movement in the court systems around the US that are ruling that the application of some of the laws are unconstitutional because of their retroactive application.

    Please get a hold of me, I am more than willing to pass on the things I have learned and maybe I can help give your attorney some ideas of avenues to pursue.

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  7. Where can I get a hold of you at I would like to throw some questions at you and tell me what you think?

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  8. The contact number for the organization is listed on the left hand side by the contact information on this site.

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  9. Attending the required S.O. groups are the worst experience I have to deal with. Although some offenders are very deviant in their thoughts and lives, there are others (such as me) that are subjected to the perversions that they have interest in. The mas grouping of ALL sex offenders into the same category and subjected to the same restrictions and time-lines is another obvious flaw in the Wisconsin judicial system. We all make mistakes in life, and sex offenders are marked, as stated above by Lara, to years, if not a lifetime of S.O. identity. It's an area where legal representation is hard to find, expensive, and has little success. Much of this is due to the financial burdens placed on S.O.'s.

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  10. I found this article and have some questions but do not see any contact information for emailing. Can you forward me the specific link in order to get the contact info so that I can contact you directly? Thanks!!!!

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  11. I know of someone that has to register for a liftetime for a sex crime that he was convicted for in 1992, and his date for liftetime registeration begin in 2011 and he does not live in Wisconsin any longer, so what does this mean for him

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  12. If he was convicted of a statute in Wisconsin or moved here after a conviction elsewhere that falls under the purvue of lifetime registration, then it won't matter where he lives he'll still have to pay the registration fee and register in Wisconsin as that is how the statute is written.

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  13. but what about the 15 years of getting of the registery?

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  14. It all depends on what statute someone was convicted under or if they moved to WI what is the comparable statute to the one of conviction in another jurisdiction.

    There is only a 15 year time limit for registering if it was under the appropriate statutes, otherwise most of them fall in to the lifetime category.

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    1. Would 948.02 fall under that

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    2. why is it 15 years?

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  15. 948 statutes are all child sex offenses, all subject to lifetime registration.

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  16. Am I reading this right? Here I thought after 15 years I could get off the registry.... but this article does not seem to suggest that, as it seems to be talking about 'lifetime supervision'

    Should i take the date off the calendar? :(

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    1. If your registration on the website says that it ends on such and such a date or that you are only to register for 15 years. Then that is the number you go by. But those that qualify for 15 years are few and far between these days.

      If you want to know the exact date you can call the SORP office at the Department of Health and get them to produce it in writing.

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  17. If a person is convicted in WI under a statute such as 948.02(2) and placed on lifetime registration for an offense such as a voluntary relationship between a 19 year old and a 15 year old, complies with all WI requirements while in WI and then subsequently moves to another state or location where they are not required to register, how could WI enforce or prosecute this person for failing to comply with registration? In this scenerio, this person complied with all WI law while in WI. How could WI possibly have any jurisdictional claim against a person who is no longer living in the state and did not violate any WI(related to SORP) laws while living in WI? As far as I have been able to find there are no statutes that would allow for this. I cant concive of how WI could charge a person for failing to register in WI if the person is not residing in WI. Even if the location they moved to DID require them to continue to register in the original jurisdiction, it would still be up to authorities in the new location to prosecute.

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    1. Being charged for a crime in Wisconsin and having a warrant out for your arrest here would just wait for you to step foot back in the state for them to arrest you for the crime of failing to register, which is a felony.

      Other than you stepping foot back in the state and doing something to get you pulled over or in the sites of the police here, you would have to get arrested somewhere else for some kind of wrong doing and they might do a background check. Or a potential employer might do a background check and alert the police of your whereabouts if they see an outstanding warrant or something.

      Wisconsin requires a person to register for the term that they state no matter if you live in here in Wisconsin or in Saudi Arabia. They would also expect you to send your $100 yearly extortion fee along with any address changes that you have.

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  18. If a person is convicted in WI under a statute such as 948.02(2) and placed on lifetime registration for an offense such as a voluntary relationship between a 19 year old and a 15 year old, complies with all WI requirements while in WI and then subsequently moves to another state or location where they are not required to register, how could WI enforce or prosecute this person for failing to comply with registration? In this scenerio, this person complied with all WI law while in WI. How could WI possibly have any jurisdictional claim against a person who is no longer living in the state and did not violate any WI(related to SORP) laws while living in WI? As far as I have been able to find there are no statutes that would allow for this. I cant concive of how WI could charge a person for failing to register in WI if the person is not residing in WI. Even if the location they moved to DID require them to continue to register in the original jurisdiction, it would still be up to authorities in the new location to prosecute.

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  19. Ok what about the victim, a person sodomized and did other things to my daughter and has damaged her emotionally for her lifetime, and a person that commits the crime does not get lifetime supervision. What is the fairness in this, you bend over for the criminal but not the victim.

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  21. The victim should be invited to such hearing, lifetime registry should mean just that lifetime registry.

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  22. My brother was convicted of rap of a minor 15 years ago. He told them then that the young lady was a willing candidate. He and some friends ran a train on her and her dad found out. Since she was under age and my brother was 18 he was convicted of rape. A few years later she confessed and apologized for the wrong she caused my brother. My brother is at his breaking point and wants to commit suicide because he feels that God has betrayed him. He was wrongfully convicted and after 15 years he is still being convicted. Its hy are for him to get an apartment in his name so he has to live with others and to top things off, he finally found a good paying job and of course t hy e registry people went to his job and now they are giving him less hours. My brother is stuck between a rock and a hard shell. What can I do to help him get off this list so he can once again love his life.

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  23. My brother was convicted of rap of a minor 15 years ago. He told them then that the young lady was a willing candidate. He and some friends ran a train on her and her dad found out. Since she was under age and my brother was 18 he was convicted of rape. A few years later she confessed and apologized for the wrong she caused my brother. My brother is at his breaking point and wants to commit suicide because he feels that God has betrayed him. He was wrongfully convicted and after 15 years he is still being convicted. Its hy are for him to get an apartment in his name so he has to live with others and to top things off, he finally found a good paying job and of course t hy e registry people went to his job and now they are giving him less hours. My brother is stuck between a rock and a hard shell. What can I do to help him get off this list so he can once again love his life.

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  24. Was his conviction here in Wisconsin?

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  25. I have a question my friend was convicted when he was 14 in wi involving a younger family member and was released when he was 18 in 2006 he now lives in mn and he understood at the time it was only for 15 years but is that from time of release and he doesn't pay a fee or anything and since the law change he doesn't know if he has to register for life or not. His case is sealed so if you look him up he doesn't show up on the registry? He was never on probation on release he just has to contact local police and Wiregistration if he changes address or job. Please help.

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  26. Not exactly sure what kind of help you are looking for. His best bet currently is to contact an attorney and see what his options are for both Wisconsin and the state in which he lives.

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  27. When was convicted in 1998 I was told I only had to register for 15 years after I was released for probation and now they put me on the life time registry what can I do now it was part of my plea deal and the state backed out of the deal. I have 3 kids I can't go and enjoy sending time with my family because of it. And the registry says whats on there is not to be used for harassment or intimidating the people on the registry but the city where I live does nothing when I'm harassed they use the officers discretion bull what can I do I did my time and still getting punished and now the cities make ordinance to make it more difficult

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    1. Bill, I understand your frustration. I do have some suggestions of things you could try, the statutes on registration and the possible relief from it. If you would like you can email me at administrator@wisconsinreform.org.

      Unfortunately none of my suggestions will be easy and some could turn out to be expensive, as always it depends on the case and what can be used from it in your favor.

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  28. I would like to know if "the victim" of a sex offenders case petition the court for the removal of a sex offender on the lifetime registry??

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  29. My husband was convicted of a sex offense a week after he turned 17 and the girl was 15. They put him on a lifetime registration. He was also arrested for selling drugs at 19. And then he moved to Illinois in 2012 and he didn't know after he told Wisconsin he moved that he had to tell Illinois he was here, he was convicted for non registeringin Illinois. He has always been compliant with Wisconsin. He is now 33 years old can he petition to be removed from the registry.

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    1. If he is lifetime registration in WI, for what I can only assume is a conviction by a statute that is sexual assault of a child. Which requires lifetime registration here in Wisconsin and there is no remedy or relief from it. There is no petitioning after 20 years like GPS. Until the law is changed, I'm sorry, like my husband, your husband will see no relief from the registry. Only by changing the law or succeeding in court will change the way things are currently.

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    2. Thank you for you reply

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  31. Unfortunately the attorney you paid is correct, after reading the statutes over and over there is no remedy to the registry at all. Feel lucky that you only got the 15 years on the registry, lifetime is what most end up with due to the crimes they were charged with. You are one of the lucky ones even if it doesn't feel that way.

    With what you describe as the crime, you could have gotten it for enticement, using the internet to facilitate a crime, and probably a few others. The three years of supervision were far better than incarceration.

    Unfortunately fair has nothing to do with the law and the law isn't really logical either. But that attorney you spoke to, was right, there is no relief from the registry.

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    1. This comment has been removed by the author.

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    2. I live in the state of Wisconsin too, but when it comes to the registry the statutes are very cut and dried. They leave no remedy unless you were under the age of 18 or if you are mentally ill and that has been determined by a court.

      The only changes that could possibly be made will cost, in the 6 digit range, because they will need to be filed in Federal court, they will have to be shown how the registry is violating the constitution of the USA and it will have to mature as a legal case until it makes it to SCOTUS and is accepted by them to be heard. There have been several attempts to do this already through out the US and most of them have run out of money or failed or both.

      If you are willing to throw a lot of money at this, be tied up in court and waiting for the next 5 years or more, then yeah you can fight this. The question is how much time and money are you willing to invest for the return you will receive if you do win?

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  32. Can anyone explain lifetime supervision in Wisconsin. I read the statute but was wondering whst it is like. Will i still be under my same rules? Can i have contact with minors?

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    1. Lifetime Supervision is just that, supervision. A person on Lifetime Supervision will be subject to any rules that their agent has along with the standard rules. Exceptions can be made by the agent and their supervisor depending on the individual requesting the change or exception.

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  33. Could you please email me at Shly_tby@yahoo.com. i have some questions and need some help. Please and thanks

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