Section DHS 98.32 - Lie detector feeThe 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:
(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.(2) TIMING OF PAYMENTS. Permit payment of the fee to be paid in any of the following ways: (a) Full payment of the fee within 30 days of the date the client takes the lie detector test.(b) Quarterly payment of the fee to be paid in full within one year of the date the client takes the lie detector test.(c) Monthly installment payments of the fee to continue until the fee is paid in full.(3) DEFERRAL OF PAYMENTS. (a) Except if the client has the present ability to pay the fee, permit deferral of payment if the client meets one or more of the following conditions, until a time when the condition or conditions no longer exist:1. Has used all reasonable and appropriate means to obtain employment as determined by the client's agent, but has been unable to obtain employment which provides the client sufficient income to pay the lie detector fee.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 client shall provide a release of information to verify enrollment and registration of credits. If the client 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.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.4. Has a statement from a licensed physician excusing the client from work for medical reasons and the client is unable to be employed because of the medical reasons.(b) The agent shall make a determination concerning a client's deferral of payment of the lie detector fee within 10 working days of determining that a client is required to participate in the lie detector examination process or within 10 working days of a change in the client's financial or employment status as reported in accordance with s. DHS 98.04(3) (f).(c) The agent's supervisor shall review all decisions made by the client's agent to defer payment of the lie detector fee.(4) COLLECTION. Develop procedures for the collection of lie detector fees. The client who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.(5) COPIES OF FEE SCHEDULE AND PAYMENT PROCEDURES. Provide the client who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement and lie detector fee payment procedures.(6) RECORD OF PAYMENTS. Record all lie detector fees paid by the client and, on request of the client, provide the client with a copy of the record of payments to verify receipt of the payments.(7) NOTICE TO CLIENT WHEN PAYMENT IS NOT RECEIVED. Advise the client in writing if payment of the lie detector fee has not been made in accordance with the payment schedule.(8) POSSIBLE ACTIONS IF FEE IS NOT PAID. Take action under s. DHS 98.31(6) (a), if a client 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 a client who is a sex offender fails to pay the lie detector fee: (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.(d) Issuance of a recommendation for revocation of conditional or supervised release under the provisions of s. DHS 98.16 for the client's willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the client has the ability to pay the lie detector fee. (e) Any other appropriate means of obtaining the lie detector fee.Wis. Admin. Code Department of Health Services DHS 98.32
Cr. Register, May, 1999, No. 521, eff. 6-1-99.