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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.
(7)Notice to offender when payment is not received. Advise the offender 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. DOC 332.17 (6) (a), if an offender 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 an offender 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) Issue a recommendation for revocation of parole or probation under the provisions of ch. DOC 331 for the offender’s willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the offender has the ability to pay the lie detector fee.
(e) Any other appropriate means of obtaining the lie detector fee.
History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98; CR 10-126: am. (3) (b) Register June 2013 No. 690, eff. 7-1-13.
DOC 332.19Sex offender registration fee.
(1)Applicability. A person who is required to register as a sex offender under s. 301.45, Stats., shall be charged a registration fee to partially offset the costs of monitoring registrants.
(2)Definitions. In this section:
(a) “Custody” means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s. 302.113, Stats.
(b) “Offender” means a person on probation, parole, or extended supervision under s. 302.113, Stats.
(c) “Registrant” means a person required to register as a sex offender under s. 301.45, Stats.
(3)Fee. The sex offender registration fee shall be $100.00 on an annual basis.
(4)Recording of registration fee. With reference to the sex offender registration fee under sub. (3), the department shall do the following:
(a) Record all registration fees paid by a registrant.
(b) Provide the registrant access to a copy of the record of payments to verify receipt of payments.
(c) Advise the registrant of nonpayment of registration fees.
(d) Audit the record of payment of registration fees.
(5)Collection of registration fee. In collecting the sex offender registration fee, all of the following shall occur:
(a) The department shall do the following:
1. Establish a registration fee payment schedule including all of the following:
a. A grace period for the initial registration fee payment.
b. A deadline for payment for each subsequent year of registration.
2. Approve procedures for the collection of registration fees.
3. Provide the registrant with a copy of the sex offender registration fee payment procedures.
4. Credit those moneys collected to the appropriation account under s. 20.410 (1) (gd), Stats.
(b) The registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.
(6)Department action when a registrant fails to pay registration fee. The department may use any of the following actions in any order when a registrant fails to pay the sex offender registration fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or electronic monitoring or detention in a jail, correctional facility or house of correction for those on probation, parole or extended supervision.
(d) Issue a recommendation for revocation of parole, probation, or extended supervision for an offender’s willful failure to pay the sex offender registration fee.
(e) Any other appropriate means of obtaining the sex offender registration fee.
History: Emerg. cr. eff. 6-8-06; CR 06-066: cr. Register December 2006 No. 612, eff. 1-1-07; EmR0812: emerg. am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c), eff. 5-15-08; CR 08-045: am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c) Register December 2008 No. 636, eff. 1-1-09.
DOC 332.20Tracking fee.
(1)Applicability. A person who is subject to GPS tracking or PPS tracking under s. 301.48, Stats., shall be charged a fee to offset the costs of the tracking, based on the person’s ability to pay.
(2)Definitions. In this section:
(a) “Global positioning system tracking” or “GPS tracking” has the meaning given in s. 301.48 (1) (b), Stats.
(b) “Passive positioning system tracking” or “PPS tracking” has the meaning given in s. 301.48 (1) (dm), Stats.
(c) “Tracking cost” means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.
(d) “Tracking fee” means the monthly fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.
(3)Tracking fee.
(a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.
(b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person’s ability to pay, and shall do all of the following:
1. Determine the person’s ability to pay the tracking fee. The department shall base the determination on the person’s documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.
2. Review the determination of the person’s ability to pay the tracking fee at least annually. The department may require production of financial information for each review.
3. Assess the person a tracking fee up to and including the full tracking cost, if a person fails to provide the requested financial documentation.
4. Charge a tracking fee in accordance with the following table:
5. Publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
6. Promulgate an administrative rule to make the adjustments, if the department proposes to make adjustment to the tracking fee by ten (10) percent or more. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
7. Establish a tracking fee schedule including all of the following:
a. A grace period for the initial tracking fee payment.
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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.