Wisconsin Legislature: Chapter DOC 330

Chapter DOC 330

PHARMACOLOGICAL TREATMENT FOR CERTAIN CHILD SEX OFFENDERS

DOC 330.01 Applicability.

DOC 330.02 Purpose.

DOC 330.03 Definitions.

DOC 330.04 Pharmacological treatment required.

DOC 330.05 Clinical and medical evaluation.

DOC 330.06 Notice of pharmacological treatment hearing.

DOC 330.07 Pharmacological treatment hearing.

DOC 330.08 Manner of hearing.

DOC 330.09 Hearing procedure.

DOC 330.10 Qualification of hearing examiner.

DOC 330.11 Offender advocate.

DOC 330.12 Appeal of decision.

DOC 330.13 Review of decision.

DOC 330.14 Waiver.

DOC 330.15 Detention pending clinical and medical evaluation or pharmacological treatment hearing.

DOC 330.16 Duration of treatment.

DOC 330.17 Rules and conditions established; the serious child sex offender’s duty to comply; department’s response upon serious child sex offender’s refusal to comply.

Note: Chapter DOC 330 was created as an emergency rule effective January 1, 1999.

DOC 330.01 Applicability. This chapter interprets s. 304.06 (1q), Stats. This chapter applies to the department of corrections and to all serious child sex offenders, as defined by s. 304.06 (1q) (a), Stats.

History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.02 Purpose. The purpose of this chapter is to provide guidelines for requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen, as a condition of probation or parole as a pilot service of the department. This chapter is promulgated pursuant to authority conferred by ss. 227.11 (2), 304.06 (1q), and 973.10, Stats.

History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.03 Definitions. Unless otherwise indicated, in this chapter:

(1) “Antiandrogen” means a chemical agent that lowers levels of testosterone.

(2) “Condition” means specific rules, regulations or prohibitions imposed on an offender under the supervision of the department of corrections by the court, parole commission or department.

(3) “Department” means the Wisconsin department of corrections.

(4) “Division administrator” means the administrator of the department of corrections, division of program planning and movement when the pharmacological treatment hearing is conducted as part of the reclassification process in s. DOC 302.17, and the administrator of the department of corrections, division of community corrections when the hearing in not conducted as part of the program review process.

(5) “Hearing” means the department’s administrative proceeding to determine whether the department may impose a condition of supervision requiring compliance with pharmacological treatment.

(6) “Hearing examiner” means a person appointed to preside over the hearing, to review the evidence presented, including testimony, and to determine, based on the evidence presented, whether the department may impose a condition of supervision requiring the offender to comply with pharmacological treatment.

(7) “Offender” means an inmate, probationer, or parolee who is committed to the custody of the department for correctional purposes.

(8) “Pharmacological treatment” means treatment with an antiandrogen or the chemical equivalent of an antiandrogen.

(9) “Physician” has the meaning given in s. 448.01 (5), Stats.

(10) “Proper medical subject” means a serious child sex offender who does not have a diagnosed physical condition that precludes treatment with an antiandrogen.

(11) “Revocation” means the removal of an offender from probation or parole supervision in accordance with ch. DOC 331.

(12) “Rules” means those written departmental regulations applicable to a specific offender under supervision.

(13) “Secretary” means the secretary of the department of corrections.

(14) “Serious child sex offender” has the meaning given in s. 304.06 (1q) (a), Stats.

(15) “Supervision” means the control and monitoring of offenders on probation or parole supervision by a department employee or contract agency employee.

(16) “Therapeutic level” means the hormone level that, as determined by the treating physician, is the intended effect of pharmacological treatment on an offender.

History: Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 330.04 Pharmacological treatment required.

(1) Pharmacological treatment may not be made a condition of probation or parole supervision without first complying with this chapter.

(2) Serious child sex offenders may be required to undergo clinical and medical evaluations to determine the appropriateness of requiring the administration of an antiandrogen or chemical equivalent.

(3) Pharmacological treatment may be made a condition of probation or parole supervision for an offender if all of the following criteria are satisfied:

(a) The offender is a serious child sex offender.

(b) The offender is a proper medical subject.

(c) The offender has a diagnosis of pedophilia or any other diagnosis for which the treatment may include an antiandrogen or chemical equivalent.

(4) The department shall conduct a pharmacological treatment hearing if the department determines that pharmacological treatment should be required and the serious child sex offender does not waive the pharmacological treatment hearing and all of the conditions in sub. (3) are satisfied.

History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.05 Clinical and medical evaluation.

(1) A licensed physician designated by the department shall conduct the clinical and medical evaluation.

(2) The designated physician shall do the following:

(a) Obtain a psychiatric history and administer appropriate diagnostic instruments.

(b) Make a determination as to the presence of pedophilia and any other diagnosis for which the treatment may include pharmacological treatment. This clinical determination shall be in the form of a written report.

(c) Obtain the medical history, conduct a physical examination and conduct and interpret appropriate laboratory tests to determine whether the offender is a proper medical subject.