Wisconsin Legislature: DOC 332.12

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

(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.

(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.

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

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

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

DOC 332.08 Period of access to registry.

(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.

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

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

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

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

DOC 332.10 Notification of victims.

(1) In this section:

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

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

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

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

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

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 Access to registry by community entities.

(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:

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

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

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

(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.

(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.

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

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

DOC 332.12 Access to registry by general public.

(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:

(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.

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

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

(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:

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

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

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.

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

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

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.

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

DOC 332.16 Purpose of lie detector program.

(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:

(a) Disclosing offense pattern information for treatment purposes.

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

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

(e) Providing a deterrent to re-offending.

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

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

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

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

DOC 332.17 Operation of lie detector program.

(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:

(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:

1. The offender’s criminal record of sexual offenses.

2. The offender’s adjustment under previous supervision.

3. The offender’s participation in offense-related programming while incarcerated or institutionalized.

4. The offender’s motivation or refusal to participate in continued programming in the community.

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

1. The offender’s criminal record of sexual offenses.

2. The offender’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.

3. The offender’s compliance with current programming.

(2) Notice.

(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.

(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:

1. Date, time, and location of the scheduled test.

2. Instructions to complete any preliminary questionnaires.

(3) Lie detector test questions.

(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.

(b) The agent or examiner may consider any of the following in determining the questions to be asked during the lie detector examination process:

1. The offender’s involvement in current offense-related programming.

2. The offender’s level of denial.

3. The offender’s recent pattern of rules violations.

4. The offender’s noncompliance with treatment.

5. The agent’s need to verify the offender’s compliance with supervision, treatment or self-reporting.

6. The agent’s need to document and verify the extent of the offender’s sexual history.

(4) Test administration. The department may administer lie detector tests or contract with an outside vendor to administer the tests. The department shall establish standards for the selection of lie detector examiners.

(5) Assessment of fees. The department shall establish a schedule of fees in accordance with s. DOC 332.18.

(6) Sanctions.

(a) If an offender 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 ch. DOC 331.

(b) If an offender 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 ch. DOC 331.

(c) If an offender 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.

(d) Revocation of probation or parole of an offender who is a sex offender may not be based solely on a finding of deception as disclosed by a lie detector test.

(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 an offender who is a sex offender only to the following and only for purposes relating to correctional programming, care and treatment of the offender:

(a) Department employees.

(b) Department vendors.