DHS 98.31(2)(b)1.1. Date, time, and location of the scheduled test.
DHS 98.31(2)(b)2.2. Instructions to complete any preliminary questionnaires.
DHS 98.31(3)(3)Lie detector test questions.
DHS 98.31(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 client 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.
DHS 98.31(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:
DHS 98.31(3)(b)1.1. The client’s involvement in current offense-related programming.
DHS 98.31(3)(b)2.2. The client’s level of denial.
DHS 98.31(3)(b)3.3. The client’s recent pattern of rules violations.
DHS 98.31(3)(b)4.4. The client’s noncompliance with treatment.
DHS 98.31(3)(b)5.5. The agent’s need to verify the client’s compliance with supervision, treatment or self-reporting.
DHS 98.31(3)(b)6.6. The agent’s need to document and verify the extent of the client’s sexual history.
DHS 98.31(4)(4)Test administration. The department may administer lie detector tests or contract with an outside vendor or the department of corrections to administer the tests.
DHS 98.31(5)(5)Assessment of fees. The department shall establish a schedule of fees in accordance with s. DHS 98.32.
DHS 98.31(6)(6)Sanctions.
DHS 98.31(6)(a)(a) If a client 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 s. DHS 98.04 (3).
DHS 98.31(6)(b)(b) If a client 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 s. DHS 98.04 (3).
DHS 98.31(6)(c)(c) If a client 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.
DHS 98.31(6)(d)(d) Revocation of conditional or supervised release of a client who is a sex offender may not be based solely on a finding of deception as disclosed by a lie detector test.
DHS 98.31(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 a client who is a sex offender only to the following and only for purposes relating to supervision programming, care and treatment of the client:
DHS 98.31(7)(a)(a) Department employees.
DHS 98.31(7)(b)(b) Department of corrections employees.
DHS 98.31(7)(c)(c) Department vendors.
DHS 98.31(7)(d)(d) Another agency or person.
DHS 98.31(7)(e)(e) Law enforcement agencies.
DHS 98.31 HistoryHistory: Cr. Register, May, 1999, No. 521, eff. 6-1-99.
DHS 98.32DHS 98.32Lie detector fee. The department shall establish a schedule of fees to partially offset the costs of the lie detector program for clients who are sex offenders and who are required to take a lie detector test. A client shall pay for the costs of the test in accordance with the schedule of fees. The costs of the tests may vary depending on the type of test used. A client 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:
DHS 98.32(1)(1)Basis of fee. Base the lie detector fee payment schedule upon the client’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.
DHS 98.32(2)(2)Timing of payments. Permit payment of the fee to be paid in any of the following ways:
DHS 98.32(2)(a)(a) Full payment of the fee within 30 days of the date the client takes the lie detector test.