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:
DOC 332.18(1)(1)Basis of fee. Base the lie detector fee payment schedule upon the offender’s ability to pay with the goal of receiving payment for the costs of administering the test and a $5 administrative fee with each payment.
DOC 332.18(2)(2)Timing of payments. Permit payment of the fee to be paid in any of the following ways:
DOC 332.18(2)(a)(a) Full payment of the fee within 30 days of the date the offender takes the lie detector test.
DOC 332.18(2)(b)(b) Quarterly payment of the fee to be paid in full within one year of the date the offender takes the lie detector test.
DOC 332.18(2)(c)(c) Monthly installment payments of the fee to continue until the fee is paid in full.
DOC 332.18(3)(3)Deferral of payments.
DOC 332.18(3)(a)(a) Except if the offender has the present ability to pay the fee, permit deferral of payment if the offender meets one or more of the following conditions, until a time when the conditions no longer exist:
DOC 332.18(3)(a)1.1. Has used all reasonable and appropriate means to obtain employment as determined by the offender’s probation and parole agent, but has been unable to obtain employment which provides the offender sufficient income to pay the lie detector fee.
DOC 332.18(3)(a)2.2. Is a student enrolled in a full-time course of instruction. In this subdivision, “full-time course of instruction” means enrolled in an accredited course of instruction and registered for more than 9 credits in post secondary education or full-time high school or full-time junior high school, and “school” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats. The offender shall provide a release of information to verify enrollment and registration of credits. If the offender fails to provide the release of information, no deferral may be given. The educational institution shall certify to the department that the offender is enrolled and attending a full-time course work at the educational institution.
DOC 332.18(3)(a)3.3. Is undergoing psychological, chemical or medical treatment consistent with the supervision plan approved by the department and is unable to be employed. The treatment provider shall certify the status to the department.
DOC 332.18(3)(a)4.4. Has a statement from a licensed physician excusing the offender from work for medical reasons and the offender is unable to be employed because of the medical reasons.
DOC 332.18(3)(b)(b) The agent shall make a determination concerning an offender’s deferral of payment of the lie detector fee within 10 working days of determining that an offender is required to participate in the lie detector examination process or within 10 working days of a change in the offender’s financial or employment status as reported in accordance with s. DOC 328.04 (3) (h).
DOC 332.18(3)(c)(c) The agent’s supervisor shall review all decisions made by the offender’s probation and parole agent to defer payment of the lie detector fee.
DOC 332.18(4)(4)Collection. Develop procedures for the collection of lie detector fees. The offender who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.
DOC 332.18(5)(5)Copies of fee schedule and payment procedures. Provide the offender who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement, and lie detector fee payment procedures.
DOC 332.18(6)(6)Record of payments. Record all lie detector fees paid by the offender, and on request of the offender, provide the offender with a copy of the record of payments to verify receipt of the payments.