Chapter DHS 98

DHS 98.24(3)(b) (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.

DHS 98.24(3)(c) (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.

DHS 98.24(3)(d) (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.

DHS 98.24 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.25 DHS 98.25 Modified predispositional investigation report.

DHS 98.25(1) (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.

DHS 98.25(2) (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.

DHS 98.25 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.26 DHS 98.26 Sources of information for a predispositional report.

DHS 98.26(1) (1) 

DHS 98.26(1)(a) (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.

DHS 98.26(1)(b) (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).

DHS 98.26(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.

DHS 98.26(3) (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.

DHS 98.26(4) (4) An attempt shall be made to interview the offender during the preparation of the report under s. DHS 98.24 or 98.25.

DHS 98.26 History 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 DHS 98.27 Recordkeeping.

DHS 98.27(1) (1) A case record of each client shall be maintained by the department. That record shall include:

DHS 98.27(1)(a) (a) Chronological log entries;

DHS 98.27(1)(b) (b) Periodic case planning summaries prepared in accordance with the department of correction’s case classification policies;

DHS 98.27(1)(c) (c) Case transfer summaries, if any;

DHS 98.27(1)(d) (d) Supervisory contact summaries;

DHS 98.27(1)(e) (e) Records of administrative decisions;

DHS 98.27(1)(f) (f) Reports from community-based residential facilities, if any;

DHS 98.27(1)(g) (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;

DHS 98.27(1)(h) (h) The client’s court order and any court imposed conditions and obligations;

DHS 98.27(1)(i) (i) Copies of the client’s predispositional investigation report prepared under s. DHS 98.24 or 98.25.

DHS 98.27(1)(j) (j) The rules and conditions of the client’s supervision and the reasons for them;

DHS 98.27(1)(k) (k) Relevant information regarding institutional experience;

DHS 98.27(1)(L) (L) Information relating to conditional release or transfer planning, decisions and conditions; and

DHS 98.27(1)(m) (m) Other information as required by the court or the department.

DHS 98.27(2) (2) The agent shall maintain a chronological log of all case-related contacts.

DHS 98.27(3) (3) The agent shall prepare a case transfer summary as the last entry in the case record when the client’s supervision is transferred.

DHS 98.27(4) (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.

DHS 98.27(5) (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.

DHS 98.27(6) (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.

DHS 98.27 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

subch. V of ch. DHS 98 Subchapter V — Lie Detector Testing

DHS 98.28 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.

DHS 98.28 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.29 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.

DHS 98.29 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.30 DHS 98.30 Purpose of lie detector program.

DHS 98.30(1) (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:

DHS 98.30(1)(a) (a) Disclosing offense pattern information for treatment purposes.

DHS 98.30(1)(b) (b) Holding the client accountable for behaviors which occur while on supervision.

DHS 98.30(1)(c) (c) Verifying the accuracy of self-reporting.

DHS 98.30(1)(d) (d) Assisting in the monitoring and early identification of rule violations and other criminal behavior.

DHS 98.30(1)(e) (e) Providing a deterrent to re-offending.

DHS 98.30(1)(f) (f) Identifying the clients who need more intensive supervision or treatment.

DHS 98.30(1)(g) (g) Providing more information for purposes of assessment, treatment and monitoring.

DHS 98.30(2) (2) The department may not use the lie detector examination process as a punishment or sanction.

DHS 98.30 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.31 DHS 98.31 Operation of lie detector program.

DHS 98.31(1) (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:

DHS 98.31(1)(a) (a) For a client who is a sex offender and who is approaching release from confinement:

DHS 98.31(1)(a)1. 1. The client’s criminal record of sexual offenses.

DHS 98.31(1)(a)2. 2. The client’s adjustment under previous supervision.

DHS 98.31(1)(a)3. 3. The client’s participation in offense-related programming while incarcerated or institutionalized.

DHS 98.31(1)(a)4. 4. The client’s motivation or refusal to participate in continued programming in the community.

DHS 98.31(1)(b) (b) For a client who is a sex offender and who is currently under field supervision:

DHS 98.31(1)(b)1. 1. The client’s criminal record of sexual offenses.

DHS 98.31(1)(b)2. 2. The client’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.

DHS 98.31(1)(b)3. 3. The client’s compliance with current programming.

DHS 98.31(2) (2) Notice.

DHS 98.31(2)(a) (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.

DHS 98.31(2)(b) (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:

DHS 98.31(2)(b)1. 1. Date, time, and location of the scheduled test.

DHS 98.31(2)(b)2. 2. Instructions to complete any preliminary questionnaires.

DHS 98.31(3) (3) Lie detector test questions.

DHS 98.31(3)(a) (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.

DHS 98.31(3)(b) (b) The agent or examiner may consider any of the following in determining the questions to be asked during the lie detector examination process:

DHS 98.31(3)(b)1. 1. The client’s involvement in current offense-related programming.

DHS 98.31(3)(b)2. 2. The client’s level of denial.

DHS 98.31(3)(b)3. 3. The client’s recent pattern of rules violations.

DHS 98.31(3)(b)4. 4. The client’s noncompliance with treatment.

DHS 98.31(3)(b)5. 5. The agent’s need to verify the client’s compliance with supervision, treatment or self-reporting.

DHS 98.31(3)(b)6. 6. The agent’s need to document and verify the extent of the client’s sexual history.

DHS 98.31(4) (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.

DHS 98.31(5) (5) Assessment of fees. The department shall establish a schedule of fees in accordance with s. DHS 98.32.

DHS 98.31(6) (6) Sanctions.

DHS 98.31(6)(a) (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).

DHS 98.31(6)(b) (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).

DHS 98.31(6)(c) (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.

DHS 98.31(6)(d) (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.

DHS 98.31(7) (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:

DHS 98.31(7)(a) (a) Department employees.

DHS 98.31(7)(b) (b) Department of corrections employees.

DHS 98.31(7)(c) (c) Department vendors.