Chapter DHS 98

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.

DHS 98.31(7)(d) (d) Another agency or person.

DHS 98.31(7)(e) (e) Law enforcement agencies.

DHS 98.31 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.32 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:

DHS 98.32(1) (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.

DHS 98.32(2) (2) Timing of payments. Permit payment of the fee to be paid in any of the following ways:

DHS 98.32(2)(a) (a) Full payment of the fee within 30 days of the date the client takes the lie detector test.

DHS 98.32(2)(b) (b) Quarterly payment of the fee to be paid in full within one year of the date the client takes the lie detector test.

DHS 98.32(2)(c) (c) Monthly installment payments of the fee to continue until the fee is paid in full.

DHS 98.32(3) (3) Deferral of payments.

DHS 98.32(3)(a) (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:

DHS 98.32(3)(a)1. 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.

DHS 98.32(3)(a)2. 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.

DHS 98.32(3)(a)3. 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.