Wisconsin Administrative Code
Department of Corrections
Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders
Section DOC 330.09 - Hearing procedure
Universal Citation: WI Admin Code ยง DOC 330.09
Current through August 26, 2024
In the hearing:
(1) EVIDENCE.
(a) The hearing examiner may admit
all testimony having relevance including hearsay evidence.
(b) The rules of evidence other than ch. 905,
Stats., with respect to privileges do not apply except that unduly repetitious
or irrelevant questions may be excluded.
(c) All evidence shall be made part of the
record in the case.
(2) The hearing examiner may do all of the following:
(a) Administer oaths and
affirmations.
(b) Take an active
role in questioning witnesses and eliciting testimony.
(c) Regulate the course of the
hearing.
(3) BURDEN OF PROOF.
(a) The department has the burden to
establish, by a preponderance of the evidence, all of the following:
1. That the offender is a serious child sex
offender.
2. That the offender is a
proper medical subject.
3. That the
offender has a diagnosis for pedophilia or any other diagnosis for which an
antiandrogen may be prescribed.
(b) Once the department has established all
of the criteria in sub. (3) (a), pharmacological treatment shall be ordered
unless the serious child sex offender can establish by a preponderance of the
evidence all of the following:
1.
Pharmacological treatment of the offender is not necessary for public
protection.
2. Pharmacological
treatment will not further the rehabilitation of the serious child sex
offender.
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