Section 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.(c) Another agency or person.(d) Law enforcement agencies.Wis. Admin. Code Department of Corrections § DOC 332.17
Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.