DOC 330.02DOC 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 330.03(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 HistoryHistory: 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(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)(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.