Chapter DOC 332

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DOC 332.13 Note Note: Section 939.646, Stats., was repealed eff. 2-1-03.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

DOC 332.17(3)(b)3. 3. The offender’s recent pattern of rules violations.

DOC 332.17(3)(b)4. 4. The offender’s noncompliance with treatment.

DOC 332.17(3)(b)5. 5. The agent’s need to verify the offender’s compliance with supervision, treatment or self-reporting.

DOC 332.17(3)(b)6. 6. The agent’s need to document and verify the extent of the offender’s sexual history.

DOC 332.17(4) (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.

DOC 332.17(5) (5) Assessment of fees. The department shall establish a schedule of fees in accordance with s. DOC 332.18.

DOC 332.17(6) (6) Sanctions.

DOC 332.17(6)(a) (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.

DOC 332.17(6)(b) (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.

DOC 332.17(6)(c) (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.

DOC 332.17(6)(d) (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.

DOC 332.17(7) (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:

DOC 332.17(7)(a) (a) Department employees.

DOC 332.17(7)(b) (b) Department vendors.

DOC 332.17(7)(c) (c) Another agency or person.

DOC 332.17(7)(d) (d) Law enforcement agencies.

DOC 332.17 History History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

DOC 332.18 DOC 332.18 Lie detector fee. The department shall establish a schedule of fees to partially offset the costs of the lie detector program for offenders who are sex offenders and who are required to take a lie detector test. The costs of the tests may vary depending on the type of test used. An offender shall also pay a $5 administrative fee with each payment. The department shall do all of the following in establishing a fee schedule for lie detector testing and in collecting lie detector fees:

DOC 332.18(1) (1) Basis of fee. Base the lie detector fee payment schedule upon the offender’s ability to pay with the goal of receiving payment for the costs of administering the test and a $5 administrative fee with each payment.

DOC 332.18(2) (2) Timing of payments. Permit payment of the fee to be paid in any of the following ways:

DOC 332.18(2)(a) (a) Full payment of the fee within 30 days of the date the offender takes the lie detector test.

DOC 332.18(2)(b) (b) Quarterly payment of the fee to be paid in full within one year of the date the offender takes the lie detector test.

DOC 332.18(2)(c) (c) Monthly installment payments of the fee to continue until the fee is paid in full.

DOC 332.18(3) (3) Deferral of payments.

DOC 332.18(3)(a) (a) Except if the offender has the present ability to pay the fee, permit deferral of payment if the offender meets one or more of the following conditions, until a time when the conditions no longer exist:

DOC 332.18(3)(a)1. 1. Has used all reasonable and appropriate means to obtain employment as determined by the offender’s probation and parole agent, but has been unable to obtain employment which provides the offender sufficient income to pay the lie detector fee.

DOC 332.18(3)(a)2. 2. Is a student enrolled in a full-time course of instruction. In this subdivision, “full-time course of instruction” means enrolled in an accredited course of instruction and registered for more than 9 credits in post secondary education or full-time high school or full-time junior high school, and “school” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats. The offender shall provide a release of information to verify enrollment and registration of credits. If the offender fails to provide the release of information, no deferral may be given. The educational institution shall certify to the department that the offender is enrolled and attending a full-time course work at the educational institution.

DOC 332.18(3)(a)3. 3. Is undergoing psychological, chemical or medical treatment consistent with the supervision plan approved by the department and is unable to be employed. The treatment provider shall certify the status to the department.

DOC 332.18(3)(a)4. 4. Has a statement from a licensed physician excusing the offender from work for medical reasons and the offender is unable to be employed because of the medical reasons.

DOC 332.18(3)(b) (b) The agent shall make a determination concerning an offender’s deferral of payment of the lie detector fee within 10 working days of determining that an offender is required to participate in the lie detector examination process or within 10 working days of a change in the offender’s financial or employment status as reported in accordance with s. DOC 328.04 (3) (h).

DOC 332.18(3)(c) (c) The agent’s supervisor shall review all decisions made by the offender’s probation and parole agent to defer payment of the lie detector fee.

DOC 332.18(4) (4) Collection. Develop procedures for the collection of lie detector fees. The offender who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.

DOC 332.18(5) (5) Copies of fee schedule and payment procedures. Provide the offender who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement, and lie detector fee payment procedures.

DOC 332.18(6) (6) Record of payments. Record all lie detector fees paid by the offender, and on request of the offender, provide the offender with a copy of the record of payments to verify receipt of the payments.

DOC 332.18(7) (7) Notice to offender when payment is not received. Advise the offender in writing if payment of the lie detector fee has not been made in accordance with the payment schedule.

DOC 332.18(8) (8) Possible actions if fee is not paid. Take action under s. DOC 332.17 (6) (a), if an offender who is a sex offender fails to pay a lie detector fee. The department may use any of the following actions in any order when an offender who is a sex offender fails to pay the lie detector fee:

DOC 332.18(8)(a) (a) Counseling.

DOC 332.18(8)(b) (b) Wage assignment.

DOC 332.18(8)(c) (c) Review of supervision level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, electronic monitoring or detention in a jail, correctional facility, or house of correction.

DOC 332.18(8)(d) (d) Issue a recommendation for revocation of parole or probation under the provisions of ch. DOC 331 for the offender’s willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the offender has the ability to pay the lie detector fee.

DOC 332.18(8)(e) (e) Any other appropriate means of obtaining the lie detector fee.

DOC 332.18 History History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98; CR 10-126: am. (3) (b) Register June 2013 No. 690, eff. 7-1-13.

DOC 332.19 DOC 332.19 Sex offender registration fee.

DOC 332.19(1) (1) Applicability. A person who is required to register as a sex offender under s. 301.45, Stats., shall be charged a registration fee to partially offset the costs of monitoring registrants.

DOC 332.19(2) (2) Definitions. In this section:

DOC 332.19(2)(a) (a) “Custody” means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s. 302.113, Stats.

DOC 332.19(2)(b) (b) “Offender” means a person on probation, parole, or extended supervision under s. 302.113, Stats.

DOC 332.19(2)(c) (c) “Registrant” means a person required to register as a sex offender under s. 301.45, Stats.

DOC 332.19(3) (3) Fee. The sex offender registration fee shall be $100.00 on an annual basis.

DOC 332.19(4) (4) Recording of registration fee. With reference to the sex offender registration fee under sub. (3), the department shall do the following:

DOC 332.19(4)(a) (a) Record all registration fees paid by a registrant.