DOC 332.16(1)(e) (e) Providing a deterrent to re-offending.

DOC 332.16(1)(f) (f) Identifying the offenders who need more intensive supervision or treatment.

DOC 332.16(1)(g) (g) Providing more information for purposes of assessment, treatment and monitoring.

DOC 332.16(2) (2) The department may not use the lie detector examination process as a punishment or sanction.

DOC 332.16 History History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

DOC 332.17 DOC 332.17 Operation of lie detector program.

DOC 332.17(1) (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:

DOC 332.17(1)(a) (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:

DOC 332.17(1)(a)1. 1. The offender’s criminal record of sexual offenses.

DOC 332.17(1)(a)2. 2. The offender’s adjustment under previous supervision.

DOC 332.17(1)(a)3. 3. The offender’s participation in offense-related programming while incarcerated or institutionalized.

DOC 332.17(1)(a)4. 4. The offender’s motivation or refusal to participate in continued programming in the community.

DOC 332.17(1)(b) (b) For an offender who is a sex offender and who is currently on probation or parole:

DOC 332.17(1)(b)1. 1. The offender’s criminal record of sexual offenses.

DOC 332.17(1)(b)2. 2. The offender’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.

DOC 332.17(1)(b)3. 3. The offender’s compliance with current programming.

DOC 332.17(2) (2) Notice.

DOC 332.17(2)(a) (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.

DOC 332.17(2)(b) (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:

DOC 332.17(2)(b)1. 1. Date, time, and location of the scheduled test.

DOC 332.17(2)(b)2. 2. Instructions to complete any preliminary questionnaires.

DOC 332.17(3) (3) Lie detector test questions.

DOC 332.17(3)(a) (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.

DOC 332.17(3)(b) (b) The agent or examiner may consider any of the following in determining the questions to be asked during the lie detector examination process:

DOC 332.17(3)(b)1. 1. The offender’s involvement in current offense-related programming.

DOC 332.17(3)(b)2. 2. The offender’s level of denial.

DOC 332.17(3)(b)3. 3. The offender’s recent pattern of rules violations.

DOC 332.17(3)(b)4. 4. The offender’s noncompliance with treatment.

DOC 332.17(3)(b)5. 5. The agent’s need to verify the offender’s compliance with supervision, treatment or self-reporting.