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(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.
(d) Provide the offender with sufficient information for the offender to understand the risks and benefits of pharmacological treatment.
(e) Provide the department with a copy of the offender’s medical records on an ongoing basis throughout the course of treatment. Such records shall include documentation and verification of the offender’s compliance with pharmacological treatment.
(f) Apply principles and techniques of medical science in determining that an offender is a proper medical subject for pharmacological treatment at regularly established times throughout the course of treatment.
(g) Monitor the pharmacological treatment on an ongoing basis as follows:
1. Obtain appropriate laboratory tests, including testosterone levels.
2. Obtain updated medical history.
3. Conduct physical examinations as needed.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.06 Notice of pharmacological treatment hearing.
(1) The serious child sex offender shall receive written notice of the pharmacological treatment hearing. The notice shall be given at least 72 hours before the hearing.
(2) The notice shall include all of the following:
(a) A statement that a rule requiring compliance with pharmacological treatment has been recommended by the department.
(b) The date, time and manner of the hearing.
(c) The right of the offender to be present at the hearing.
(d) The right of the offender to be represented by an advocate.
(e) The right of the offender to be heard and to present evidence and relevant witnesses.
(f) The right to cross-examine department witnesses.
(g) The right to a written decision within 10 working days of the hearing, including the reasons for the decision.
(h) The right to appeal the decision to the division administrator within 10 working days of the decision.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.07 Pharmacological treatment hearing. The department shall hold a pharmacological treatment hearing unless waived by the serious child sex offender. A hearing examiner shall do all of the following:
(1) Conduct the pharmacological treatment hearing.
(2) Keep summary notes of the hearing.
(3) Decide to permit or disapprove a condition of probation or parole requiring compliance with prescribed pharmacological treatment.
(4) Issue a written decision, including the reasons for it, within 10 working days of the hearing.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.08 Manner of hearing. The hearing may be included as part of the reclassification process in s. DOC 302.17 and appearances may be in person or by telephone.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am., Register June 2018 No. 750 eff. 7-1-18.
DOC 330.09 Hearing procedure. In the hearing:
(1) Evidence.
(a) The hearing examiner may admit all testimony having relevance including hearsay evidence.
(b) The rules of evidence other than ch. 905, Stats., with respect to privileges do not apply except that unduly repetitious or irrelevant questions may be excluded.
(c) All evidence shall be made part of the record in the case.
(2) The hearing examiner may do all of the following:
(a) Administer oaths and affirmations.
(b) Take an active role in questioning witnesses and eliciting testimony.
(c) Regulate the course of the hearing.
(3) Burden of proof.
(a) The department has the burden to establish, by a preponderance of the evidence, all of the following:
1. That the offender is a serious child sex offender.
2. That the offender is a proper medical subject.
3. That the offender has a diagnosis for pedophilia or any other diagnosis for which an antiandrogen may be prescribed.
(b) Once the department has established all of the criteria in sub. (3) (a), pharmacological treatment shall be ordered unless the serious child sex offender can establish by a preponderance of the evidence all of the following:
1. Pharmacological treatment of the offender is not necessary for public protection.
2. Pharmacological treatment will not further the rehabilitation of the serious child sex offender.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.10 Qualification of hearing examiner. The hearing examiner may not be currently involved in the offender’s treatment, diagnosis, or supervision, or in the direct supervision of the agent or physician treating the offender.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.11 Offender advocate. An advocate of the offender’s choosing may represent a serious child sex offender. The advocate may present witnesses and evidence on behalf of the serious child sex offender and cross-examine department witnesses. The advocate may not be a person in the custody or under the supervision of the department.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.12 Appeal of decision. The serious child sex offender or the department may appeal a decision of the hearing examiner to the division administrator within 10 days of the written decision.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.13 Review of decision.
(1) Every 24 months, a hearing examiner shall review the decision ordering mandatory compliance with required pharmacological treatment in accordance with the standards in s. DOC 330.09 (3).
(2) A different hearing examiner may perform the review.
(3) Upon request of the serious child sex offender the review shall be in the form of a pharmacological treatment hearing.
(4) The hearing examiner may continue the order permitting the department to require prescribed pharmacological treatment if evidence since the time of the last review shows that all of the criteria in s. DOC 330.09 (3) (a) have been satisfied.
(5) When the department has established all of the criteria in s. DOC 330.09 (3) (a), pharmacological treatment shall be continued unless the offender can establish all of the criteria in s. DOC 330.09 (3) (b).
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.14 Waiver. A serious child sex offender may sign a form waiving the pharmacological treatment hearing or review.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.15 Detention pending clinical and medical evaluation or pharmacological treatment hearing.
(1) An offender who prior to parole refuses to participate in pharmacological treatment evaluations or the hearing process or refuses to take pharmacological treatment medications may be taken into custody and detained in any state correctional institution or county jail for the purpose of public protection.
(2) Detention under sub. (1) may continue until the pharmacological treatment evaluations are completed, the hearing decision is received, and the therapeutic level of the serious child sex offender is achieved.
History: Cr. Register July, 1999, No. 523, eff. 8-1-99.
DOC 330.16 Duration of treatment. Pharmacological treatment shall be continued throughout the duration of the serious child sex offender’s supervision unless one of the following applies:
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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.