Current through August 26, 2024
(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.
(b) Department vendors.
(c) Another agency or person.
(d) Law enforcement agencies.
