Chapter DOC 330

Ch. DOC 330 Note Note: Chapter DOC 330 was created as an emergency rule effective January 1, 1999.

DOC 330.01 DOC 330.01 Applicability. This chapter interprets s. 304.06 (1q), Stats. This chapter applies to the department of corrections and to all serious child sex offenders, as defined by s. 304.06 (1q) (a), Stats.

DOC 330.01 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.02 DOC 330.02 Purpose. The purpose of this chapter is to provide guidelines for requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen, as a condition of probation or parole as a pilot service of the department. This chapter is promulgated pursuant to authority conferred by ss. 227.11 (2), 304.06 (1q), and 973.10, Stats.

DOC 330.02 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.03 DOC 330.03 Definitions. Unless otherwise indicated, in this chapter:

DOC 330.03(1) (1) “Antiandrogen” means a chemical agent that lowers levels of testosterone.

DOC 330.03(2) (2) “Condition” means specific rules, regulations or prohibitions imposed on an offender under the supervision of the department of corrections by the court, parole commission or department.

DOC 330.03(3) (3) “Department” means the Wisconsin department of corrections.

DOC 330.03(4) (4) “Division administrator” means the administrator of the department of corrections, division of program planning and movement when the pharmacological treatment hearing is conducted as part of the reclassification process in s. DOC 302.17, and the administrator of the department of corrections, division of community corrections when the hearing in not conducted as part of the program review process.

DOC 330.03(5) (5) “Hearing” means the department’s administrative proceeding to determine whether the department may impose a condition of supervision requiring compliance with pharmacological treatment.

DOC 330.03(6) (6) “Hearing examiner” means a person appointed to preside over the hearing, to review the evidence presented, including testimony, and to determine, based on the evidence presented, whether the department may impose a condition of supervision requiring the offender to comply with pharmacological treatment.

DOC 330.03(7) (7) “Offender” means an inmate, probationer, or parolee who is committed to the custody of the department for correctional purposes.

DOC 330.03(8) (8) “Pharmacological treatment” means treatment with an antiandrogen or the chemical equivalent of an antiandrogen.

DOC 330.03(9) (9) “Physician” has the meaning given in s. 448.01 (5), Stats.

DOC 330.03(10) (10) “Proper medical subject” means a serious child sex offender who does not have a diagnosed physical condition that precludes treatment with an antiandrogen.

DOC 330.03(11) (11) “Revocation” means the removal of an offender from probation or parole supervision in accordance with ch. DOC 331.

DOC 330.03(12) (12) “Rules” means those written departmental regulations applicable to a specific offender under supervision.

DOC 330.03(13) (13) “Secretary” means the secretary of the department of corrections.

DOC 330.03(14) (14) “Serious child sex offender” has the meaning given in s. 304.06 (1q) (a), Stats.

DOC 330.03(15) (15) “Supervision” means the control and monitoring of offenders on probation or parole supervision by a department employee or contract agency employee.

DOC 330.03(16) (16) “Therapeutic level” means the hormone level that, as determined by the treating physician, is the intended effect of pharmacological treatment on an offender.

DOC 330.03 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 330.04 DOC 330.04 Pharmacological treatment required.

DOC 330.04(1) (1) Pharmacological treatment may not be made a condition of probation or parole supervision without first complying with this chapter.

DOC 330.04(2) (2) Serious child sex offenders may be required to undergo clinical and medical evaluations to determine the appropriateness of requiring the administration of an antiandrogen or chemical equivalent.

DOC 330.04(3) (3) Pharmacological treatment may be made a condition of probation or parole supervision for an offender if all of the following criteria are satisfied:

DOC 330.04(3)(a) (a) The offender is a serious child sex offender.

DOC 330.04(3)(b) (b) The offender is a proper medical subject.

DOC 330.04(3)(c) (c) The offender has a diagnosis of pedophilia or any other diagnosis for which the treatment may include an antiandrogen or chemical equivalent.

DOC 330.04(4) (4) The department shall conduct a pharmacological treatment hearing if the department determines that pharmacological treatment should be required and the serious child sex offender does not waive the pharmacological treatment hearing and all of the conditions in sub. (3) are satisfied.

DOC 330.04 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.05 DOC 330.05 Clinical and medical evaluation.

DOC 330.05(1) (1) A licensed physician designated by the department shall conduct the clinical and medical evaluation.

DOC 330.05(2) (2) The designated physician shall do the following:

DOC 330.05(2)(a) (a) Obtain a psychiatric history and administer appropriate diagnostic instruments.

DOC 330.05(2)(b) (b) Make a determination as to the presence of pedophilia and any other diagnosis for which the treatment may include pharmacological treatment. This clinical determination shall be in the form of a written report.

DOC 330.05(2)(c) (c) Obtain the medical history, conduct a physical examination and conduct and interpret appropriate laboratory tests to determine whether the offender is a proper medical subject.

DOC 330.05(2)(d) (d) Provide the offender with sufficient information for the offender to understand the risks and benefits of pharmacological treatment.

DOC 330.05(2)(e) (e) Provide the department with a copy of the offender’s medical records on an ongoing basis throughout the course of treatment. Such records shall include documentation and verification of the offender’s compliance with pharmacological treatment.

DOC 330.05(2)(f) (f) Apply principles and techniques of medical science in determining that an offender is a proper medical subject for pharmacological treatment at regularly established times throughout the course of treatment.

DOC 330.05(2)(g) (g) Monitor the pharmacological treatment on an ongoing basis as follows:

DOC 330.05(2)(g)1. 1. Obtain appropriate laboratory tests, including testosterone levels.

DOC 330.05(2)(g)2. 2. Obtain updated medical history.

DOC 330.05(2)(g)3. 3. Conduct physical examinations as needed.

DOC 330.05 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.06 DOC 330.06 Notice of pharmacological treatment hearing.

DOC 330.06(1) (1) The serious child sex offender shall receive written notice of the pharmacological treatment hearing. The notice shall be given at least 72 hours before the hearing.

DOC 330.06(2) (2) The notice shall include all of the following:

DOC 330.06(2)(a) (a) A statement that a rule requiring compliance with pharmacological treatment has been recommended by the department.

DOC 330.06(2)(b) (b) The date, time and manner of the hearing.

DOC 330.06(2)(c) (c) The right of the offender to be present at the hearing.

DOC 330.06(2)(d) (d) The right of the offender to be represented by an advocate.

DOC 330.06(2)(e) (e) The right of the offender to be heard and to present evidence and relevant witnesses.

DOC 330.06(2)(f) (f) The right to cross-examine department witnesses.

DOC 330.06(2)(g) (g) The right to a written decision within 10 working days of the hearing, including the reasons for the decision.

DOC 330.06(2)(h) (h) The right to appeal the decision to the division administrator within 10 working days of the decision.

DOC 330.06 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.07 DOC 330.07 Pharmacological treatment hearing. The department shall hold a pharmacological treatment hearing unless waived by the serious child sex offender. A hearing examiner shall do all of the following:

DOC 330.07(1) (1) Conduct the pharmacological treatment hearing.

DOC 330.07(2) (2) Keep summary notes of the hearing.

DOC 330.07(3) (3) Decide to permit or disapprove a condition of probation or parole requiring compliance with prescribed pharmacological treatment.

DOC 330.07(4) (4) Issue a written decision, including the reasons for it, within 10 working days of the hearing.

DOC 330.07 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.08 DOC 330.08 Manner of hearing. The hearing may be included as part of the reclassification process in s. DOC 302.17 and appearances may be in person or by telephone.

DOC 330.08 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am., Register June 2018 No. 750 eff. 7-1-18.

DOC 330.09 DOC 330.09 Hearing procedure. In the hearing:

DOC 330.09(1) (1) Evidence.

DOC 330.09(1)(a) (a) The hearing examiner may admit all testimony having relevance including hearsay evidence.

DOC 330.09(1)(b) (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.

DOC 330.09(1)(c) (c) All evidence shall be made part of the record in the case.

DOC 330.09(2) (2) The hearing examiner may do all of the following:

DOC 330.09(2)(a) (a) Administer oaths and affirmations.

DOC 330.09(2)(b) (b) Take an active role in questioning witnesses and eliciting testimony.

DOC 330.09(2)(c) (c) Regulate the course of the hearing.

DOC 330.09(3) (3) Burden of proof.

DOC 330.09(3)(a) (a) The department has the burden to establish, by a preponderance of the evidence, all of the following:

DOC 330.09(3)(a)1. 1. That the offender is a serious child sex offender.

DOC 330.09(3)(a)2. 2. That the offender is a proper medical subject.

DOC 330.09(3)(a)3. 3. That the offender has a diagnosis for pedophilia or any other diagnosis for which an antiandrogen may be prescribed.

DOC 330.09(3)(b) (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:

DOC 330.09(3)(b)1. 1. Pharmacological treatment of the offender is not necessary for public protection.

DOC 330.09(3)(b)2. 2. Pharmacological treatment will not further the rehabilitation of the serious child sex offender.

DOC 330.09 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.10 DOC 330.10 Qualification of hearing examiner. The hearing examiner may not be currently involved in the offender’s treatment, diagnosis, or supervision, or in the direct supervision of the agent or physician treating the offender.

DOC 330.10 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.11 DOC 330.11 Offender advocate. An advocate of the offender’s choosing may represent a serious child sex offender. The advocate may present witnesses and evidence on behalf of the serious child sex offender and cross-examine department witnesses. The advocate may not be a person in the custody or under the supervision of the department.

DOC 330.11 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.12 DOC 330.12 Appeal of decision. The serious child sex offender or the department may appeal a decision of the hearing examiner to the division administrator within 10 days of the written decision.