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History: Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1998, No. 506.
DOC 332.11Access to registry by community entities.
(1) The department shall provide access to community entities specified at s. 301.46 (4) (a), Stats., that request information about a specific person registered under s. DOC 332.04. Entities requesting information under this paragraph shall be provided information when the entity does all of the following:
(a) Submits a request to the department’s 1-800 telephonic information access system.
(b) Specifies by name the person about whom information is requested and;
(c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.
(2) A neighborhood watch program authorized under s. 60.23 (17m), Stats., or by the law enforcement agency of a city or village may request the names and information concerning all persons registered under this chapter who reside, are employed or attend school in the entity’s community, district, jurisdiction or other geographical area of activity. Requests for information under this subsection shall be in writing on the form designated by the department.
(3) In response to a request under sub. (1) or (2), the department shall provide all of the information specified at s. 301.46 (4) (b), Stats.
(4) Information provided by the department under this section shall not include any information specified at s. 301.46 (4) (ag), Stats.
History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.
DOC 332.12Access to registry by general public.
(1) The department may in the interest of public protection provide information to a person not provided access to registry information under other sections when the person requests information and when the person does all of the following:
(a) Submits a request to the department’s 1-800 telephonic information access system or files a written request for information on the form designated by the department.
(b) Specifies by name the person about whom information is requested and;
(c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.
(2) When the department grants access to information in response to a request under sub. (1), all of the information specified at s. 301.46 (5) (b), Stats., shall be provided:
(3) In response to a request under sub. (1), the department shall not provide any information specified at s. 301.46 (5) (c), Stats.
History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.
DOC 332.13Misuse of registry information. Persons who commit crimes using information that is disclosed under the provisions of this chapter are subject to the penalty provided for the crime committed and any increased penalty provided under s. 939.646, Stats.
Note: Section 939.646, Stats., was repealed eff. 2-1-03.
History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.
DOC 332.15Lie detector requirement. The department may require an offender who is a sex offender to submit to the lie detector examination process in accordance with s. DOC 332.17 as a condition of supervision.
History: Emerg. cr., eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.
DOC 332.16Purpose of lie detector program.
(1) The department may use the lie detector examination process as a supervision tool for offenders who are sex offenders. Testing may be used to achieve any of the following in supervising an offender who is a sex offender:
(a) Disclosing offense pattern information for treatment purposes.
(b) Holding the offender accountable for behaviors which occur while on supervision.
(c) Verifying the accuracy of self-reporting.
(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 offenders 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: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.
DOC 332.17Operation of lie detector program.
(1)Selection of participants. Upon the approval of an agent’s supervisor, an agent may require an offender who is a sex offender to participate in the lie detector program. The agent may require an offender who is a sex offender to submit to the lie detector examination process based on the following:
(a) For an offender who is a sex offender and who is currently in prison but nearing the release date on mandatory or discretionary parole:
1. The offender’s criminal record of sexual offenses.
2. The offender’s adjustment under previous supervision.
3. The offender’s participation in offense-related programming while incarcerated or institutionalized.
4. The offender’s motivation or refusal to participate in continued programming in the community.
(b) For an offender who is a sex offender and who is currently on probation or parole:
1. The offender’s criminal record of sexual offenses.
2. The offender’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.
3. The offender’s compliance with current programming.
(2)Notice.
(a) An agent shall provide an offender 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 an offender who is a sex offender to participate in the lie detector examination process without the offender’s informed consent.
(b) An agent shall provide written notice to an offender 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 offender 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 offender’s involvement in current offense-related programming.
2. The offender’s level of denial.
3. The offender’s recent pattern of rules violations.
4. The offender’s noncompliance with treatment.
5. The agent’s need to verify the offender’s compliance with supervision, treatment or self-reporting.
6. The agent’s need to document and verify the extent of the offender’s sexual history.
(4)Test administration. The department may administer lie detector tests or contract with an outside vendor to administer the tests. The department shall establish standards for the selection of lie detector examiners.
(5)Assessment of fees. The department shall establish a schedule of fees in accordance with s. DOC 332.18.
(6)Sanctions.
(a) If an offender 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 ch. DOC 331.
(b) If an offender 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 ch. DOC 331.
(c) If an offender 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 probation or parole of an offender 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 an offender who is a sex offender only to the following and only for purposes relating to correctional programming, care and treatment of the offender:
(a) Department employees.
(b) Department vendors.
(c) Another agency or person.
(d) Law enforcement agencies.
History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.
DOC 332.18Lie detector fee. The department shall establish a schedule of fees to partially offset the costs of the lie detector program for offenders who are sex offenders and who are required to take a lie detector test. The costs of the tests may vary depending on the type of test used. An offender 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 offender’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 offender takes the lie detector test.
(b) Quarterly payment of the fee to be paid in full within one year of the date the offender takes the lie detector test.
(c) Monthly installment payments of the fee to continue until the fee is paid in full.
(3)Deferral of payments.
(a) Except if the offender has the present ability to pay the fee, permit deferral of payment if the offender meets one or more of the following conditions, until a time when the conditions no longer exist:
1. Has used all reasonable and appropriate means to obtain employment as determined by the offender’s probation and parole agent, but has been unable to obtain employment which provides the offender 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 offender shall provide a release of information to verify enrollment and registration of credits. If the offender 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 offender from work for medical reasons and the offender is unable to be employed because of the medical reasons.
(b) The agent shall make a determination concerning an offender’s deferral of payment of the lie detector fee within 10 working days of determining that an offender is required to participate in the lie detector examination process or within 10 working days of a change in the offender’s financial or employment status as reported in accordance with s. DOC 328.04 (3) (h).
(c) The agent’s supervisor shall review all decisions made by the offender’s probation and parole agent to defer payment of the lie detector fee.
(4)Collection. Develop procedures for the collection of lie detector fees. The offender 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 offender 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 offender, and on request of the offender, provide the offender with a copy of the record of payments to verify receipt of the payments.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.