Chapter DOC 330

DOC 330.03(16) (16) “Therapeutic level” means the hormone level that, as determined by the treating physician, is the intended effect of pharmacological treatment on an offender.

DOC 330.03 History 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 DOC 330.04 Pharmacological treatment required.

DOC 330.04(1) (1) Pharmacological treatment may not be made a condition of probation or parole supervision without first complying with this chapter.

DOC 330.04(2) (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.

DOC 330.04(3) (3) Pharmacological treatment may be made a condition of probation or parole supervision for an offender if all of the following criteria are satisfied:

DOC 330.04(3)(a) (a) The offender is a serious child sex offender.

DOC 330.04(3)(b) (b) The offender is a proper medical subject.

DOC 330.04(3)(c) (c) The offender has a diagnosis of pedophilia or any other diagnosis for which the treatment may include an antiandrogen or chemical equivalent.

DOC 330.04(4) (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.

DOC 330.04 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.05 DOC 330.05 Clinical and medical evaluation.

DOC 330.05(1) (1) A licensed physician designated by the department shall conduct the clinical and medical evaluation.

DOC 330.05(2) (2) The designated physician shall do the following:

DOC 330.05(2)(a) (a) Obtain a psychiatric history and administer appropriate diagnostic instruments.

DOC 330.05(2)(b) (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.

DOC 330.05(2)(c) (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.

DOC 330.05(2)(d) (d) Provide the offender with sufficient information for the offender to understand the risks and benefits of pharmacological treatment.

DOC 330.05(2)(e) (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.

DOC 330.05(2)(f) (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.

DOC 330.05(2)(g) (g) Monitor the pharmacological treatment on an ongoing basis as follows:

DOC 330.05(2)(g)1. 1. Obtain appropriate laboratory tests, including testosterone levels.

DOC 330.05(2)(g)2. 2. Obtain updated medical history.

DOC 330.05(2)(g)3. 3. Conduct physical examinations as needed.

DOC 330.05 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.06 DOC 330.06 Notice of pharmacological treatment hearing.

DOC 330.06(1) (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.

DOC 330.06(2) (2) The notice shall include all of the following:

DOC 330.06(2)(a) (a) A statement that a rule requiring compliance with pharmacological treatment has been recommended by the department.

DOC 330.06(2)(b) (b) The date, time and manner of the hearing.

DOC 330.06(2)(c) (c) The right of the offender to be present at the hearing.

DOC 330.06(2)(d) (d) The right of the offender to be represented by an advocate.

DOC 330.06(2)(e) (e) The right of the offender to be heard and to present evidence and relevant witnesses.

DOC 330.06(2)(f) (f) The right to cross-examine department witnesses.

DOC 330.06(2)(g) (g) The right to a written decision within 10 working days of the hearing, including the reasons for the decision.

DOC 330.06(2)(h) (h) The right to appeal the decision to the division administrator within 10 working days of the decision.

DOC 330.06 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.07 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:

DOC 330.07(1) (1) Conduct the pharmacological treatment hearing.

DOC 330.07(2) (2) Keep summary notes of the hearing.

DOC 330.07(3) (3) Decide to permit or disapprove a condition of probation or parole requiring compliance with prescribed pharmacological treatment.

DOC 330.07(4) (4) Issue a written decision, including the reasons for it, within 10 working days of the hearing.

DOC 330.07 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.08 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.

DOC 330.08 History 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 DOC 330.09 Hearing procedure. In the hearing:

DOC 330.09(1) (1) Evidence.

DOC 330.09(1)(a) (a) The hearing examiner may admit all testimony having relevance including hearsay evidence.

DOC 330.09(1)(b) (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.

DOC 330.09(1)(c) (c) All evidence shall be made part of the record in the case.

DOC 330.09(2) (2) The hearing examiner may do all of the following:

DOC 330.09(2)(a) (a) Administer oaths and affirmations.

DOC 330.09(2)(b) (b) Take an active role in questioning witnesses and eliciting testimony.

DOC 330.09(2)(c) (c) Regulate the course of the hearing.

DOC 330.09(3) (3) Burden of proof.

DOC 330.09(3)(a) (a) The department has the burden to establish, by a preponderance of the evidence, all of the following:

DOC 330.09(3)(a)1. 1. That the offender is a serious child sex offender.

DOC 330.09(3)(a)2. 2. That the offender is a proper medical subject.

DOC 330.09(3)(a)3. 3. That the offender has a diagnosis for pedophilia or any other diagnosis for which an antiandrogen may be prescribed.

DOC 330.09(3)(b) (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:

DOC 330.09(3)(b)1. 1. Pharmacological treatment of the offender is not necessary for public protection.

DOC 330.09(3)(b)2. 2. Pharmacological treatment will not further the rehabilitation of the serious child sex offender.

DOC 330.09 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.10 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.

DOC 330.10 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.11 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.

DOC 330.11 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.12 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.

DOC 330.12 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.13 DOC 330.13 Review of decision.

DOC 330.13(1) (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).

DOC 330.13(2) (2) A different hearing examiner may perform the review.

DOC 330.13(3) (3) Upon request of the serious child sex offender the review shall be in the form of a pharmacological treatment hearing.

DOC 330.13(4) (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.

DOC 330.13(5) (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).

DOC 330.13 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.14 DOC 330.14 Waiver. A serious child sex offender may sign a form waiving the pharmacological treatment hearing or review.

DOC 330.14 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

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

DOC 330.15(1) (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.

DOC 330.15(2) (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.

DOC 330.15 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.16 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:

DOC 330.16(1) (1) The serious child sex offender is found not to be a proper medical subject.

DOC 330.16(2) (2) The pharmacological treatment hearing process described in s. DOC 330.09 results in a finding that the department may not order pharmacological treatment for the serious child sex offender.

DOC 330.16(3) (3) The department determines that continuing pharmacological treatment will no longer be beneficial.

DOC 330.16 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.17 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.

DOC 330.17(1) (1) The department shall establish special written rules and conditions of supervision for each serious child sex offender ordered to comply with pharmacological treatment as provided in s. DOC 328.04 (2) (d). The rules and conditions of supervision and any sanctions the department may use in response to non-compliance by the serious child sex offender shall be explained to the offender and acknowledged in writing.