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Terms Used In Wisconsin Statutes 165.68

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • United States: includes the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01
   (1)    Definitions. In this section:
      (a)    “Abuse” means an act or threat of any of the following:
         1.    Child abuse under ss. 813.122 (1) (a) or 948.02 to 948.11.
         2.    Domestic abuse, as defined in s. 813.12 (1) (am).
         3.    Sexual abuse, as defined in s. 103.10 (1m) (b) 6.
         4.    Stalking under s. 940.32.
         5.    Trafficking under s. 940.302.
      (b)    “Actual address” means the residential street address, school address, or work address, or any portion thereof, of a program participant.
      (c)    “Assigned address” means an address designated by the department and assigned to a program participant.
      (d)    “Department” means the department of justice.
      (e)    “Mail” means first class letters and flats delivered by the United States Postal Service, including priority, express, and certified mail. “Mail” does not include a package, parcel, periodical, or catalogue unless it is clearly identifiable as being sent by a state or local agency or unit of government or is clearly identifiable as containing a pharmaceutical or medical item.
      (f)    “Program assistant” means an individual designated by the department to assist a program participant. The department may designate as a program assistant an employee of the department or of a state or local agency that provides counseling, assistance, or support services to victims, or an employee of or a volunteer for an organization that provides counseling, assistance, or support services free of charge to victims.
      (g)    “Program participant” means a person who is certified by the department to participate in the confidentiality program established in this section.
   (2)   Eligibility.
      (a)    A person is eligible for participation in the confidentiality program established in this section if he or she attests all of the following:
         1.    That he or she is a resident of this state.
         2.    That at least one of the following applies:
            a.    He or she is a victim of abuse, a parent or guardian of a person who is a victim of abuse, or a resident of a household in which a victim of abuse also resides.
            b.    He or she fears for his or her physical safety or for the physical safety of his or her child or ward.
         3.    That he or she resides or will reside at a location in this state that is not known by the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.
         4.    That he or she will not disclose his or her actual address to the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.
      (b)    A person is eligible under par. (a) regardless of whether any criminal charges have been brought relating to any act or threat against the person, whether the person has sought any restraining order or injunction relating to any act or threat against the person, or whether the person has reported any act or threat against him or her to a law enforcement officer or agency.
   (3)   Administration; application.
      (a)    The department shall provide an application form for participation in the confidentiality program established in this section. The department may not charge a fee for applying to, or participating in, the program.
      (b)    The application form shall include all of the following:
         1.    The applicant’s name.
         2.    The applicant’s actual address.
         3.    A place for the applicant to identify any state or local government agency that employs a person who committed an act of abuse against the applicant.
         4.    A statement certifying that the applicant understands and consents to all of the following program requirements:
            a.    A program participant remains enrolled in the program for 5 years, unless he or she cancels his or her participation under subd. 4. f. or is disenrolled under subd. 4. e.
            b.    A program participant is required to notify the department when he or she changes his or her actual address or legal name.
            c.    A program participant is required to develop a safety plan with a program assistant.
            d.    A program participant authorizes the department to notify state or local agencies and units of government that the applicant is a program participant.
            e.    The department may disenroll a program participant if the person fails to update his or her information under subd. 4. b., or at any time after the department determines that the person no longer meets the eligibility requirements established under sub. (2). The department will notify a program participant if his or her participation will expire or if the department will disenroll the participant. A program participant who receives a notification under this subd. 4. e. may update his or her information to establish eligibility or may reenroll in the program within 6 months from the date the department issues the notification.
            f.    A program participant may cancel his or her participation in the program at any time by submitting a written notice to the department.
            g.    A program participant certifies the department to be the program participant’s designated agent for service of process.
   (4)   Use of assigned address; release of information.
165.68(4)(a)    (a) The department shall provide to each person it approves as a program participant an assigned address and shall provide each program participant a notification form for use under sub. (5).
      (b)    The department shall forward all mail it receives at the assigned address for each program participant to the program participant’s actual address.
      (c)    The department shall provide, at the request of a program participant or at the request of a state or local agency or unit of government, confirmation of the person’s status as a program participant.
      (d)   
         1.    Except as provided under subd. 2., the department may not disclose a program participant’s actual address to any person except pursuant to a court order. If a court order is requested for disclosure, the department shall request the court to keep any record containing the program participant’s actual address sealed and confidential.
         2.    The department may disclose a program participant’s actual address to a law enforcement officer for official purposes.
   (5)   Use of assigned address; confidentiality.
165.68(5)(a)    (a) A program participant may use the assigned address provided to him or her under sub. (4) for all purposes.
      (b)    No state or local agency or unit of government may refuse to use a program participant’s assigned address for any official business, unless a specific statutory duty requires the agency or unit of government to use the participant’s actual address. A state or local agency or unit of government may confirm with the department a person’s status as a program participant.
      (c)    No person who has received a notification form from a program participant may refuse to use the assigned address for the program participant, may require a program participant to disclose his or her actual address, or may intentionally disclose to another person the actual address of a program participant.
      (d)    Notwithstanding pars. (a), (b), and (c), a municipal clerk may require a program participant to provide his or her actual address for voter registration and voter verification purposes. A municipal clerk shall also require a program participant to disclose his or her actual address to enroll a program participant in the confidential voter program provided under s. 6.47. If a voter is enrolled in the confidential voter program under s. 6.47 the municipal clerk shall keep the program participant’s actual address confidential as provided under s. 6.47.
      (e)    The department may promulgate rules under sub. (6) to allow a program participant to consent to a disclosure of his or her actual address by the department or other entity with knowledge of the program participant’s actual address when necessary to qualify for certain public assistance benefits or real property transactions. A person who discloses information under this paragraph shall include a notice that the information is confidential, and disclosure of the information to any 3rd party will be subject to the penalty under sub. (7).
      (f)   
         1.    If a program participant is the sole member of a limited liability company, the limited liability company may list the department as its registered agent and registered office under s. 183.0115 (1m).
         2.    If the department receives service of process, notice, or demand required or permitted by law to be served on a limited liability company under subd. 1., the department shall forward the process, notice, or demand to the program participant’s actual address.
   (6)   Rules. The department shall promulgate rules regarding administration of the program established under this section and regarding the retention and destruction of applications, records, and other documents received or generated under this section. The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under this subsection. Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval.
   (7)   Criminal penalty. A person who intentionally releases information in violation of this section is guilty of a misdemeanor.

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