Wis. Admin. Code Department of Health Services 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.
(c)
Department vendors.
(d) Another
agency or person.
(e) Law
enforcement agencies.
Notes
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No prior version found.