Lifetime Supervision for Sex Offenses in Wisconsin
Lifetime supervision is a post-sentence supervision mechanism that applies only to specific sex offenses and only when strict statutory requirements are met. Contact us to schedule a free, confidential consultation.
What Is Lifetime Supervision Under Wisconsin Law?
Lifetime supervision is a post-sentence supervision mechanism authorized by Wisconsin law for certain sex offense convictions. It is not a separate crime and it is not automatic. Instead, it is an additional layer of supervision that may be imposed after a person completes probation, parole, extended supervision, or commitment for a qualifying offense.
Under Wis. Stat. § 939.615, a court may place a person on lifetime supervision only if the offense qualifies as a “serious sex offense,” proper notice was given before sentencing, and the court determines that lifetime supervision is necessary to protect the public. The statute limits both when lifetime supervision may be imposed and how it must be justified.
Unlike probation or extended supervision, lifetime supervision does not have a fixed end date at sentencing. It places the individual under the authority of the Department of Corrections subject to court-ordered conditions, with the possibility – though not the guarantee – of later termination through a formal petition process.
Which Sex Offenses Qualify for Lifetime Supervision in Wisconsin?
Lifetime supervision may be imposed only for offenses that qualify as “serious sex offenses” under Wis. Stat. § 939.615. Not every sex-related conviction qualifies, and even within the same statutory chapter, applicability depends on the specific offense, subsection, and theory of prosecution.
Wisconsin law divides qualifying offenses into two categories:
- Offenses that qualify by statute alone, and
- Offenses that may qualify only if additional findings are made.
Offenses That Automatically Qualify as Serious Sex Offenses
Certain offenses qualify for lifetime supervision based solely on the statute of conviction. If a person is convicted of one of these offenses, the court may consider lifetime supervision without requiring a special verdict regarding sexual motivation.
These include, among others:
- First Degree Sexual Assault
- Second Degree Sexual Assault
- Certain Third Degree Sexual Assault offenses
- Sexual Assault of a Child (First and Second Degree)
- Repeated Sexual Assault of the Same Child
- Sexual Exploitation of a Child
- Causing a Child to View or Listen to Sexual Activity
- Child Enticement
- Child Pornography–related offenses
- Solicitation, attempt, or conspiracy to commit qualifying offenses
Because these offenses are statutorily designated as “serious sex offenses,” the nature of the conviction itself is sufficient to permit the court to consider lifetime supervision—subject to notice and public-protection findings.
Offenses That Require Additional Findings
Other offenses do not automatically qualify, even if they are serious felonies. For these cases, lifetime supervision is available only if the trier of fact makes a specific finding that one of the purposes of the conduct was sexual arousal or sexual gratification.
In these cases:
- The prosecutor must request a special verdict
- The jury (or court) must expressly find sexual purpose
- Without that finding, lifetime supervision cannot be imposed
This distinction is critical. Two cases involving similar conduct can have dramatically different lifetime exposure depending on how the charge is framed and whether the State seeks the required finding.
Why This Distinction Matters
Whether lifetime supervision is even legally available often turns on charging decisions made early in the case. Once a qualifying conviction and required findings are in place, the court’s authority to impose lifetime supervision is triggered. Conversely, when an offense does not qualify – or when required findings are not made – lifetime supervision is off the table entirely.
For this reason, understanding which offenses qualify and why is a central part of defending serious sex offense cases in Wisconsin.
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
When and How Lifetime Supervision Is Imposed in Wisconsin
Lifetime supervision is not imposed automatically upon conviction of a qualifying offense. Wisconsin law strictly controls when it may be ordered and what procedural steps must occur before a court has authority to impose it.
Notice Requirement Before Sentencing
Before a court may order lifetime supervision, the defendant must receive advance written notice that the State is seeking lifetime supervision under Wis. Stat. § 939.615. This notice must be provided before sentencing and is intended to ensure that lifetime supervision is litigated as a distinct sentencing issue—not imposed by surprise.
If proper notice is not given, the court lacks authority to impose lifetime supervision, even if the offense would otherwise qualify.
Timing of Lifetime Supervision
Lifetime supervision does not begin immediately after sentencing. Instead, it begins only after the individual has completed all other forms of court-ordered custody or supervision for the qualifying offense, including:
- Discharge from probation
- Discharge from parole or extended supervision
- Release upon expiration of a prison sentence
- Discharge from a commitment following a not-guilty-by-reason-of-mental-disease-or-defect finding
The statute allows only one period of lifetime supervision, even if a person is convicted of multiple qualifying offenses. In those cases, the supervision period begins at the latest applicable release point.
Court Determination: Public Protection
Even when notice is given and the offense qualifies, the court must still make an independent determination that lifetime supervision is necessary to protect the public. This is not a formality. The court must evaluate the facts of the case, the individual’s history, risk factors, and the purposes of sentencing before ordering lifetime supervision.
Lifetime supervision is therefore a discretionary sentencing consequence, not a mandatory one.
Conditions, Scope, and Enforcement of Lifetime Supervision
A person placed on lifetime supervision is subject to ongoing oversight by the Wisconsin Department of Corrections under conditions set by the court and enforced by the Department. The scope of supervision is designed to protect the public and promote rehabilitation, and it may continue indefinitely unless and until it is formally terminated by court order.
Conditions of Lifetime Supervision
Courts have broad discretion to impose conditions of lifetime supervision. These conditions may include, but are not limited to:
- Restrictions on residence, travel, or contact with certain individuals
- Mandatory treatment, counseling, or evaluations
- Employment or education requirements
- Compliance with sex offender registration and monitoring rules, where applicable
- Prohibitions on certain activities, devices, or online access
Conditions may evolve over time and are enforced by the Department of Corrections, subject to court oversight.
Department of Corrections Authority
While on lifetime supervision, an individual remains under the control of the Department of Corrections. The Department may investigate suspected violations and, if it has reasonable grounds to believe a condition has been violated, may temporarily take the person into custody for purposes of investigation and referral for prosecution.
The Department is also authorized to charge supervision fees based on ability to pay, although fees may be waived during periods of unemployment, approved education, or treatment, or for documented medical reasons.
Penalties for Violating Lifetime Supervision
Violating a condition of lifetime supervision is itself a criminal offense. The consequences depend on the nature of the conduct:
- A violation is generally charged as a Class A misdemeanor
- If the same conduct also constitutes a felony offense, the violation may be charged as a Class I felony
Because violations can result in new criminal charges, alleged violations of lifetime supervision are treated as serious matters and often require immediate legal attention.
Can Lifetime Supervision Be Terminated?
Although lifetime supervision is imposed without a fixed end date, Wisconsin law does provide a limited mechanism for seeking termination. Termination is not automatic, not guaranteed, and not available in every case. The statute establishes strict eligibility requirements and a multi-step review process focused on public safety.
When a Petition for Termination Is Allowed
A person placed on lifetime supervision may petition the sentencing court to terminate supervision only after at least 15 years have passed from the date lifetime supervision began. Any petition filed before that 15-year threshold must be denied without a hearing.
Termination is also barred if the person has been convicted of any criminal offense committed during the period of lifetime supervision. If such a conviction exists, the court must deny the petition outright.
Evaluation and Hearing Process
If a petition is eligible, the court must order a formal evaluation by a court-approved physician or psychologist. The evaluator must assess whether the individual remains a danger to the public and submit a written report to the court.
The Department of Corrections may also submit its own report addressing the individual’s conduct while on lifetime supervision and whether continued supervision is necessary. Both reports are disclosed to the parties before the hearing.
The court then conducts a hearing at which both the petitioner and the State may present evidence relevant to the individual’s dangerousness and the need for continued supervision.
Legal Standard for Termination
The court may terminate lifetime supervision only if it determines that supervision is no longer necessary to protect the public. The burden is substantial, and the court retains broad discretion. If a petition is denied after a hearing, the person may not file another petition for at least three additional years.
If termination is granted, the court may also order relief from sex offender registration requirements in limited circumstances, depending on the underlying offense and registration statute.
Although Wisconsin law allows a limited path to termination of lifetime supervision, the legal standard is demanding and relief is far from guaranteed. As a result, the most effective opportunity to address lifetime supervision is often before it is ever imposed, through early and strategic defense decisions.
Why Lifetime Supervision Requires Early Legal Strategy
Lifetime supervision is one of the most severe sentencing consequences available under Wisconsin law. Whether it applies is often decided well before sentencing, based on how a case is charged, litigated, and framed.
Early legal strategy matters because:
Talk With a Wisconsin Defense Lawyer About Lifetime Supervision
Lifetime supervision can shape the outcome of a sex offense case long after sentencing. If you or a loved one is facing a charge where lifetime supervision may be at issue, early legal guidance is critical to understanding exposure, preserving defenses, and protecting long-term liberty.
Chirafisi Anderson, S.C. represents individuals charged with serious sex offenses throughout Wisconsin and provides careful, trial-focused advocacy at every stage of the case.