Wisconsin Legislature: DHS 98.31(1)(b)

(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.

5. The agent’s need to verify the client’s compliance with supervision, treatment or self-reporting.

6. The agent’s need to document and verify the extent of the client’s sexual history.

(4) Test administration. The department may administer lie detector tests or contract with an outside vendor or the department of corrections to administer the tests.

(5) Assessment of fees. The department shall establish a schedule of fees in accordance with s. DHS 98.32.

(6) Sanctions.

(a) If a client who is a sex offender refuses to participate in any portion of the lie detector examination process or to pay a lie detector fee, the agent shall investigate the refusal as a violation of a rule or condition of supervision in accordance with s. DHS 98.04 (3).

(b) If a client who is a sex offender discloses a violation of a rule or condition of supervision during the lie detector examination process, the agent shall investigate the disclosure as a violation of a rule or condition of supervision, in accordance with s. DHS 98.04 (3).

(c) If a client who is a sex offender discloses criminal conduct during the lie detector examination process, the agent, with the approval of the agent’s supervisor, shall refer the disclosure to law enforcement authorities.

(d) Revocation of conditional or supervised release of a client who is a sex offender may not be based solely on a finding of deception as disclosed by a lie detector test.

(7) Disclosure of test information. The department may disclose information regarding a lie detector test or information disclosed during the lie detector test examination process of a client who is a sex offender only to the following and only for purposes relating to supervision programming, care and treatment of the client:

(a) Department employees.

(b) Department of corrections employees.

(d) Another agency or person.

(e) Law enforcement agencies.

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

DHS 98.32 Lie detector fee. The department shall establish a schedule of fees to partially offset the costs of the lie detector program for clients who are sex offenders and who are required to take a lie detector test. A client shall pay for the costs of the test in accordance with the schedule of fees. The costs of the tests may vary depending on the type of test used. A client shall also pay a $5 administrative fee with each payment. The department shall do all of the following in establishing a fee schedule for lie detector testing and in collecting lie detector fees:

(1) Basis of fee. Base the lie detector fee payment schedule upon the client’s ability to pay, with the goal of receiving payment for the costs of administering the test and a $5 administrative fee with each payment.

(2) Timing of payments. Permit payment of the fee to be paid in any of the following ways:

(a) Full payment of the fee within 30 days of the date the client takes the lie detector test.

(b) Quarterly payment of the fee to be paid in full within one year of the date the client takes the lie detector test.

(3) Deferral of payments.

(a) Except if the client has the present ability to pay the fee, permit deferral of payment if the client meets one or more of the following conditions, until a time when the condition or conditions no longer exist:

1. Has used all reasonable and appropriate means to obtain employment as determined by the client’s agent, but has been unable to obtain employment which provides the client sufficient income to pay the lie detector fee.

2. Is a student enrolled in a full-time course of instruction. In this subdivision, ‘‘full-time course of instruction” means enrolled in an accredited course of instruction and registered for more than 9 credits in post-secondary education or full-time high school or full-time junior high school, and ‘‘school” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats. The client shall provide a release of information to verify enrollment and registration of credits. If the client fails to provide the release of information, no deferral may be given. The educational institution shall certify to the department that the offender is enrolled and attending a full-time course work at the educational institution.

3. Is undergoing psychological, chemical or medical treatment consistent with the supervision plan approved by the department and is unable to be employed. The treatment provider shall certify the status to the department.

4. Has a statement from a licensed physician excusing the client from work for medical reasons and the client is unable to be employed because of the medical reasons.

(b) The agent shall make a determination concerning a client’s deferral of payment of the lie detector fee within 10 working days of determining that a client is required to participate in the lie detector examination process or within 10 working days of a change in the client’s financial or employment status as reported in accordance with s. DHS 98.04 (3) (f).

(c) The agent’s supervisor shall review all decisions made by the client’s agent to defer payment of the lie detector fee.

(4) Collection. Develop procedures for the collection of lie detector fees. The client who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.

(5) Copies of fee schedule and payment procedures. Provide the client who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement and lie detector fee payment procedures.

(6) Record of payments. Record all lie detector fees paid by the client and, on request of the client, provide the client with a copy of the record of payments to verify receipt of the payments.

(7) Notice to client when payment is not received. Advise the client in writing if payment of the lie detector fee has not been made in accordance with the payment schedule.

(8) Possible actions if fee is not paid. Take action under s. DHS 98.31 (6) (a), if a client who is a sex offender fails to pay a lie detector fee. The department may use any of the following actions in any order when a client who is a sex offender fails to pay the lie detector fee:

(a) Counseling.

(b) Wage assignment.

(c) Review of supervision level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, electronic monitoring or detention in a jail, correctional facility or house of correction.

(d) Issuance of a recommendation for revocation of conditional or supervised release under the provisions of s. DHS 98.16 for the client’s willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the client has the ability to pay the lie detector fee.

(e) Any other appropriate means of obtaining the lie detector fee.

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