Chapter DOC 332

DOC 332.04 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register June 2009 No. 642.

DOC 332.05 DOC 332.05 Registration timelines. When a person subject to registration is on supervision the supervising department or agency shall provide all of the information required under s. DOC 332.04 (2), to the department of corrections in accordance with s. 301.45 (2) (e), Stats.

DOC 332.05 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.06 DOC 332.06 Registration frequency, duration, verification, and updating.

DOC 332.06(1) (1) Persons subject to registration shall continue to provide information annually or at 90 day intervals as required by s. 301.45 (3), Stats., on the designated department form until released from the registration obligation as provided at s. 301.45 (5), Stats.

DOC 332.06(2) (2) Persons shall update information in accordance with the following:

DOC 332.06(2)(a) (a) Unless par. (b) applies, whenever information required by s. DOC 332.04 (2), changes the person shall notify the department of the change within 10 days by registering the change with the department’s 1-888 telephonic registration system or by completing, signing, and submitting the designated DOC form.

DOC 332.06(2)(b) (b) Persons on supervision to the department shall provide advance written notification to the department of any changes in employment, residence, school enrollment and vehicle information or in the case of emergency within 72 hours of the change by contacting the supervising agent.

DOC 332.06(3) (3) A person who is subject to registration and who is moving from this state to another state must comply with s. 301.45 (4m), Stats.

DOC 332.06(4) (4) Persons subject to registration who receive any notice from the department requesting verification of registry information shall verify the accuracy of registry information and provide any updated information within 10 days of the receipt of the notice by signing and returning a confirmation receipt and designated form to the department.

DOC 332.06(5) (5) Failure to receive notice of registration requirements under s. 301.45 (3) (b), Stats., is not a defense to liability under s. 301.45 (6), Stats.

DOC 332.06(6) (6) In addition to penalties provided at s. 301.45 (6), Stats., failure to comply with registration requirements, including but not limited to signing the registration form, verifying information, updating information, or providing true and accurate information when the person is on probation, parole, supervised release, conditional discharge, or aftercare supervision is a violation of that supervision.

DOC 332.06(7) (7) The department shall notify the district attorney in the county where the offender resides of any intentional non-compliance with the obligation to register, update registry information or verify registry information.

DOC 332.06 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.07 DOC 332.07 Access to registry information.

DOC 332.07(1) (1) The department shall allow access to registry information to law enforcement agencies in accordance with s. 301.46 (2) and (6) (b), Stats.

DOC 332.07(2) (2) In addition to the information provided to law enforcement agencies under sub. (1) the department may provide law enforcement with any other information concerning persons subject to registration.

DOC 332.07(3) (3) The department shall provide access to registry information to agencies and organizations other than law enforcement in accordance with s. 301.46 (4), Stats.

DOC 332.07(4) (4) The department shall provide access to registry information to victims in accordance with s. 301.46 (3), Stats.

DOC 332.07(5) (5) The department may provide access to registry information to the general public in accordance with s. 301.46 (5), Stats.

DOC 332.07 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.08 DOC 332.08 Period of access to registry.

DOC 332.08(1) (1) Except as provided in sub. (2), the department may continue to provide access to registry information concerning persons subject to registration only until the person is released from registration requirements under s. 301.45 (5), Stats.

DOC 332.08(2) (2) The department may provide registry access to law enforcement agencies regardless of whether the person is still subject to registration requirements.

DOC 332.08 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.09 DOC 332.09 Bulletins to law enforcement. The department shall provide bulletins to law enforcement agencies in accordance with s. 301.46 (2m), Stats.

DOC 332.09 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.10 DOC 332.10 Notification of victims.

DOC 332.10(1) (1) In this section:

DOC 332.10(1)(a) (a) “Member of the family” has the meaning given at s. 301.46 (3) (a) 1., Stats.

DOC 332.10(1)(b) (b) “Victim” has the meaning given at s. 301.46 (3) (a) 2., Stats.

DOC 332.10(2) (2) Victims and family members may request information concerning persons registered by either:

DOC 332.10(2)(a) (a) Obtaining a victim identification number and contacting the department’s 1-800 telephone information system or;

DOC 332.10(2)(b) (b) Completing and submitting to the department the form designated to request written notifications.

DOC 332.10 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1998, No. 506.

DOC 332.11 DOC 332.11 Access to registry by community entities.

DOC 332.11(1) (1) The department shall provide access to community entities specified at s. 301.46 (4) (a), Stats., that request information about a specific person registered under s. DOC 332.04. Entities requesting information under this paragraph shall be provided information when the entity does all of the following:

DOC 332.11(1)(a) (a) Submits a request to the department’s 1-800 telephonic information access system.

DOC 332.11(1)(b) (b) Specifies by name the person about whom information is requested and;

DOC 332.11(1)(c) (c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.

DOC 332.11(2) (2) A neighborhood watch program authorized under s. 60.23 (17m), Stats., or by the law enforcement agency of a city or village may request the names and information concerning all persons registered under this chapter who reside, are employed or attend school in the entity’s community, district, jurisdiction or other geographical area of activity. Requests for information under this subsection shall be in writing on the form designated by the department.

DOC 332.11(3) (3) In response to a request under sub. (1) or (2), the department shall provide all of the information specified at s. 301.46 (4) (b), Stats.

DOC 332.11(4) (4) Information provided by the department under this section shall not include any information specified at s. 301.46 (4) (ag), Stats.

DOC 332.11 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.12 DOC 332.12 Access to registry by general public.

DOC 332.12(1) (1) The department may in the interest of public protection provide information to a person not provided access to registry information under other sections when the person requests information and when the person does all of the following:

DOC 332.12(1)(a) (a) Submits a request to the department’s 1-800 telephonic information access system or files a written request for information on the form designated by the department.

DOC 332.12(1)(b) (b) Specifies by name the person about whom information is requested and;

DOC 332.12(1)(c) (c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.

DOC 332.12(2) (2) When the department grants access to information in response to a request under sub. (1), all of the information specified at s. 301.46 (5) (b), Stats., shall be provided:

DOC 332.12(3) (3) In response to a request under sub. (1), the department shall not provide any information specified at s. 301.46 (5) (c), Stats.

DOC 332.12 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.13 DOC 332.13 Misuse of registry information. Persons who commit crimes using information that is disclosed under the provisions of this chapter are subject to the penalty provided for the crime committed and any increased penalty provided under s. 939.646, Stats.

DOC 332.13 Note Note: Section 939.646, Stats., was repealed eff. 2-1-03.

DOC 332.13 History History: Cr. Register, February, 1998, No. 506, eff. 3-1-98.

DOC 332.15 DOC 332.15 Lie detector requirement. The department may require an offender who is a sex offender to submit to the lie detector examination process in accordance with s. DOC 332.17 as a condition of supervision.

DOC 332.15 History History: Emerg. cr., eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

DOC 332.16 DOC 332.16 Purpose of lie detector program.

DOC 332.16(1) (1) The department may use the lie detector examination process as a supervision tool for offenders who are sex offenders. Testing may be used to achieve any of the following in supervising an offender who is a sex offender:

DOC 332.16(1)(a) (a) Disclosing offense pattern information for treatment purposes.

DOC 332.16(1)(b) (b) Holding the offender accountable for behaviors which occur while on supervision.

DOC 332.16(1)(c) (c) Verifying the accuracy of self-reporting.

DOC 332.16(1)(d) (d) Assisting in the monitoring and early identification of rule violations and other criminal behavior.

DOC 332.16(1)(e) (e) Providing a deterrent to re-offending.

DOC 332.16(1)(f) (f) Identifying the offenders who need more intensive supervision or treatment.

DOC 332.16(1)(g) (g) Providing more information for purposes of assessment, treatment and monitoring.

DOC 332.16(2) (2) The department may not use the lie detector examination process as a punishment or sanction.

DOC 332.16 History History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

DOC 332.17 DOC 332.17 Operation of lie detector program.

DOC 332.17(1) (1) Selection of participants. Upon the approval of an agent’s supervisor, an agent may require an offender who is a sex offender to participate in the lie detector program. The agent may require an offender who is a sex offender to submit to the lie detector examination process based on the following:

DOC 332.17(1)(a) (a) For an offender who is a sex offender and who is currently in prison but nearing the release date on mandatory or discretionary parole:

DOC 332.17(1)(a)1. 1. The offender’s criminal record of sexual offenses.

DOC 332.17(1)(a)2. 2. The offender’s adjustment under previous supervision.

DOC 332.17(1)(a)3. 3. The offender’s participation in offense-related programming while incarcerated or institutionalized.

DOC 332.17(1)(a)4. 4. The offender’s motivation or refusal to participate in continued programming in the community.

DOC 332.17(1)(b) (b) For an offender who is a sex offender and who is currently on probation or parole:

DOC 332.17(1)(b)1. 1. The offender’s criminal record of sexual offenses.

DOC 332.17(1)(b)2. 2. The offender’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.

DOC 332.17(1)(b)3. 3. The offender’s compliance with current programming.

DOC 332.17(2) (2) Notice.

DOC 332.17(2)(a) (a) An agent shall provide an offender 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 an offender who is a sex offender to participate in the lie detector examination process without the offender’s informed consent.

DOC 332.17(2)(b) (b) An agent shall provide written notice to an offender who is a sex offender and who is required to take a lie detector test. The notice shall include the following:

DOC 332.17(2)(b)1. 1. Date, time, and location of the scheduled test.

DOC 332.17(2)(b)2. 2. Instructions to complete any preliminary questionnaires.

DOC 332.17(3) (3) Lie detector test questions.

DOC 332.17(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 offender 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.

DOC 332.17(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:

DOC 332.17(3)(b)1. 1. The offender’s involvement in current offense-related programming.

DOC 332.17(3)(b)2. 2. The offender’s level of denial.