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.

DOC 330.12 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.