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.
DOC 332.17(3)(b)6.6. The agent’s need to document and verify the extent of the offender’s sexual history.
DOC 332.17(4)(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.
DOC 332.17(5)(5)Assessment of fees. The department shall establish a schedule of fees in accordance with s. DOC 332.18.
DOC 332.17(6)(6)Sanctions.
DOC 332.17(6)(a)(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.
DOC 332.17(6)(b)(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.
DOC 332.17(6)(c)(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.
DOC 332.17(6)(d)(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.
DOC 332.17(7)(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:
DOC 332.17(7)(a)(a) Department employees.
DOC 332.17(7)(b)(b) Department vendors.
DOC 332.17(7)(c)(c) Another agency or person.
DOC 332.17(7)(d)(d) Law enforcement agencies.
DOC 332.17 HistoryHistory: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.
DOC 332.18DOC 332.18Lie detector fee. The department shall establish a schedule of fees to partially offset the costs of the lie detector program for offenders who are sex offenders and who are required to take a lie detector test. The costs of the tests may vary depending on the type of test used. An offender shall also pay a $5 administrative fee with each payment. The department shall do all of the following in establishing a fee schedule for lie detector testing and in collecting lie detector fees: