Wisconsin Legislature: DHS 98.27

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

Subchapter IV — Records and Reports

DHS 98.24 Predispositional investigation report.

(1) Purpose. The primary purpose of the predispositional investigation report is to provide the court with accurate and relevant information upon which to base its dispositional decision. The report is also important in the planning process. It is used for such things as determining levels of supervision, classification, program assignment, release planning and in the overall treatment of offenders.

(2) Court order. Upon order of the court, the department shall prepare a predispositional investigation report. It shall contain the information provided for under this section unless the court orders otherwise.

(3) Content.

(a) Information. A predispositional report should contain the following information relating to the client:

1. Present offense;

2. Prior criminal record;

3. Prior correctional institution record;

4. Victim’s statement;

5. Family information; and

6. Personal history.

(b) Summary and conclusions. A predispositional investigation report shall contain information about the offender’s present situation. Pending charges may be included in this information. If department staff conclude the offender has immediate problems that require attention, this shall be stated together with the facts and reasons for that conclusion.

(c) Recommendation. Unless the court otherwise directs, the recommendation or recommendations by department staff for disposition shall be included in the predispositional report. The conclusions of the department staff shall be reported together with the reasons for the conclusions and the facts upon which they are based.

(d) Tentative plan. A tentative treatment plan shall be recommended as part of the predispositional investigation report, addressing any specific conclusions arrived at under par. (b). The plan shall contain the offender’s response.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.25 Modified predispositional investigation report.

(1) Upon order of the court, department staff may prepare a predispositional investigation report that contains only the information that the court orders, notwithstanding s. DHS 98.24.

(2) Upon order of the court, department staff may present the report orally in open court or in the judge’s chambers. Defense counsel, district attorney, and client may be present.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.26 Sources of information for a predispositional report.

(1)

(a) All sources of information relied upon for an investigation and report shall be identified in writing in the predispositional investigation report unless otherwise ordered under s. DHS 98.25. All sources shall be informed of this requirement.

(b) No pledge of confidentiality may be given to any person by department staff in return for facts included in the report except in accordance with sub. (2).

(2) When a person who supplies information used in a predispositional investigation report may be in danger if identified, department staff shall request that the judge conceal the identity of that person under s. 972.15 (3), Stats.

(3) Arrest records that did not lead to conviction and were not confirmed by the client may not be used as a source of information in a predispositional investigation report, except that adjudications under s. 961.47, Stats., and ch. 54, 1975 Stats., information relating to misdemeanant expunction, and pending charges may be included.

(4) An attempt shall be made to interview the offender during the preparation of the report under s. DHS 98.24 or 98.25.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588.

DHS 98.27 Recordkeeping.

(1) A case record of each client shall be maintained by the department. That record shall include:

(a) Chronological log entries;

(b) Periodic case planning summaries prepared in accordance with the department of correction’s case classification policies;

(d) Supervisory contact summaries;

(e) Records of administrative decisions;

(f) Reports from community-based residential facilities, if any;

(g) A record of all written disclosures of information to social welfare agencies, law enforcement agencies or third parties, and of all information disclosed pursuant to a written request for specific information to social welfare agencies, law enforcement agencies or third parties;

(h) The client’s court order and any court imposed conditions and obligations;

(i) Copies of the client’s predispositional investigation report prepared under s. DHS 98.24 or 98.25.

(j) The rules and conditions of the client’s supervision and the reasons for them;

(k) Relevant information regarding institutional experience;

(L) Information relating to conditional release or transfer planning, decisions and conditions; and

(m) Other information as required by the court or the department.

(2) The agent shall maintain a chronological log of all case-related contacts.

(3) The agent shall prepare a case transfer summary as the last entry in the case record when the client’s supervision is transferred.

(4) The agent shall record all relevant information regarding administrative decisions including those relating to a client’s alternate care, absconding, revocation, transfer, discharge and extension. The record shall contain documentation of the reasons for each decision.

(5) The agent shall enter in the client’s record all reports received from alternate care facilities, educational institutions or contracting agencies which provide services to the client.

(6) Additional entries to the client’s record may be made at any other time if the agent or supervisor determines the entries are necessary or helpful in describing a client’s progress or adjustment under supervision.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

Subchapter V — Lie Detector Testing

DHS 98.28 Purpose, authority and applicability. This subchapter is promulgated under the authority of s. 51.375 (3), Stats., to establish a lie detector program for clients who are sex offenders. This subchapter applies to the department and to clients who are sex offenders.

History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.29 Lie detector requirement. The department may require a client who is a sex offender to submit to the lie detector examination process in accordance with s. DHS 98.31 as a condition of supervision.

History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.30 Purpose of lie detector program.

(1) The department may use the lie detector examination process as a supervision tool for clients who are sex offenders. Testing may be used to achieve any of the following goals in supervising a client who is a sex offender:

(a) Disclosing offense pattern information for treatment purposes.

(b) Holding the client accountable for behaviors which occur while on supervision.

(d) Assisting in the monitoring and early identification of rule violations and other criminal behavior.

(e) Providing a deterrent to re-offending.

(f) Identifying the clients who need more intensive supervision or treatment.

(g) Providing more information for purposes of assessment, treatment and monitoring.

(2) The department may not use the lie detector examination process as a punishment or sanction.

History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.31 Operation of lie detector program.

(1) Selection of participants. Upon the approval of an agent’s supervisor, an agent may require a client who is a sex offender to participate in the lie detector program. The agent may require a client who is a sex offender to submit to the lie detector examination process based on the following:

(a) For a client who is a sex offender and who is approaching release from confinement:

1. The client’s criminal record of sexual offenses.

2. The client’s adjustment under previous supervision.

3. The client’s participation in offense-related programming while incarcerated or institutionalized.

4. The client’s motivation or refusal to participate in continued programming in the community.

(b) For a client who is a sex offender and who is currently under field supervision:

1. The client’s criminal record of sexual offenses.

2. The client’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.

3. The client’s compliance with current programming.

(2) Notice.

(a) An agent shall provide a client who is a sex offender and who is selected to participate in the lie detector examination process written notice of the lie detector program requirements. The department may require a client who is a sex offender to participate in the lie detector examination process without the client’s informed consent.

(b) An agent shall provide written notice to a client who is a sex offender and who is required to take a lie detector test. The notice shall include the following:

1. Date, time, and location of the scheduled test.

2. Instructions to complete any preliminary questionnaires.

(3) Lie detector test questions.

(a) The lie detector examiner shall determine the questions to be asked during the lie detector examination process and shall consult with the agent in determining the questions to be asked. If the client who is a sex offender is receiving treatment, the examiner or agent may consult with the treatment provider regarding development of questions to be asked during the lie detector examination process.

(b) The agent or examiner may consider any of the following in determining the questions to be asked during the lie detector examination process:

1. The client’s involvement in current offense-related programming.

2. The client’s level of denial.

3. The client’s recent pattern of rules violations.

4. The client’s noncompliance with treatment.