Section DHS 98.31 - Operation of lie detector program(1) SELECTION OF PARTICIPANTS. Upon the approval of an agent's supervisor, an agent may require a client who is a sex offender to participate in the lie detector program. The agent may require a client who is a sex offender to submit to the lie detector examination process based on the following: (a) For a client who is a sex offender and who is approaching release from confinement: 1. The client's criminal record of sexual offenses.2. The client's adjustment under previous supervision.3. The client's participation in offense-related programming while incarcerated or institutionalized.4. The client's motivation or refusal to participate in continued programming in the community.(b) For a client who is a sex offender and who is currently under field supervision:1. The client's criminal record of sexual offenses.2. The client's adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.3. The client's compliance with current programming.(2) NOTICE. (a) An agent shall provide a client 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 a client who is a sex offender to participate in the lie detector examination process without the client's informed consent.(b) An agent shall provide written notice to a client 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 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.(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 client's involvement in current offense-related programming.2. The client's level of denial.3. The client's recent pattern of rules violations.4. The client's noncompliance with treatment.5. The agent's need to verify the client's compliance with supervision, treatment or self-reporting.6. The agent's need to document and verify the extent of the client's sexual history.(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.(5) ASSESSMENT OF FEES. The department shall establish a schedule of fees in accordance with s. DHS 98.32.(6) SANCTIONS. (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).(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).(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.(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.(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: (a) Department employees.(b) Department of corrections employees.(d) Another agency or person.(e) Law enforcement agencies.Wis. Admin. Code Department of Health Services DHS 98.31
Cr. Register, May, 1999, No. 521, eff. 6-1-99.