reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.11 - Purchase of goods and services

Current through June 24, 2024
(1) If an offender
				requires assistance or materials that cannot reasonably be provided through any
				other available resource, the department may provide assistance in accordance
				with s.
				301.08,
				Stats. The department shall approve the expenditure for the assistance before
				services may be provided.
(2) The
				department shall require any vendors contracted for community-based residential
				facilities that are licensed under ch. DHS 83 to comply with the federal prison
				rape elimination act of 2003.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.12 - Offender administrative review process

Current through June 24, 2024
(1) PURPOSE. The
				department shall provide offenders an opportunity for administrative review of
				certain decisions by allowing offenders to raise concerns regarding their
				supervision in an orderly manner.
(2) SCOPE. An offender may request
				administrative review to challenge any department decision affecting an
				offender except a decision concerning:
(a)
				Revocation.
(b) Custody and
				detention.
(c) Denial of use or
				possession of firearms pursuant to federal or state law.
(d) Special conditions or terms of
				supervision imposed by a court or the parole commission.
(e) Decisions regarding early discharge from
				the term of supervision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.13 - Temporary travel

Current through June 24, 2024
(1) The department may authorize temporary
				out-of-state travel when it is consistent with the purpose and goals of the
				offender's supervision, applicable interstate compact provisions, and
				applicable civil commitment provisions. An offender may travel out of the state
				of Wisconsin only if he or she has submitted a written request and has received
				written authorization prior to the requested travel. The division may grant
				prior authorization for travel out of the state of Wisconsin as follows:
(a) Agent approval is required for travel not
				to exceed 15 days.
(b) Supervisory
				approval is required for travel exceeding 15 days.
(c) Travel permits may be used to authorize
				multiple trips to another state during a specific time period.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.14 - Interstate transfer

Current through June 24, 2024
(1) If the department determines that
				transfer to another jurisdiction is in the best interests of an offender and
				consistent with the goals of this chapter, an interstate transfer may be
				initiated upon payment of an application fee authorized under s.
				20.410(1)
				(gn), Stats. The fee shall not exceed $150
				per application.
(2) An offender
				from another state, who has requested supervision and is present in Wisconsin
				prior to formal acceptance, is subject to the provisions of this
				chapter.
(3) An offender subject to
				supervision in another state will be accepted for supervision in Wisconsin if
				one of the following applies:
(a) The offender
				meets the criteria established by the applicable interstate compact.
(b) The department consents.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.15 - Voluntary return to a correctional facility

Current through June 24, 2024
(1) An offender may
				request a voluntary return to a correctional facility for a period not to
				exceed one year.
(2) The request
				shall be in writing in a format prescribed by the department.
(3) The division shall inform the offender of
				all of the following:
(a) Upon return to the
				institution, the offender shall remain incarcerated until the agreed release
				date unless the department determines earlier release is appropriate.
(b) Offenders who were convicted prior to
				December 30, 1999, must waive parole consideration, good time, and entitlement
				to mandatory release.
(c) The
				department's rules applicable to inmates in correctional facilities shall apply
				to the offender during the period of incarceration.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.16 - Discharge

Current through June 24, 2024
(1) Offenders shall be informed of the
				individualized objectives and conditions of supervision required for
				discharge.
(2) When supervision has
				expired, the department shall do all of the following:
(a) For a felon, issue a certificate of
				discharge or a certificate of final discharge if the offender has discharged
				from all felony cases. A certificate of final discharge under this subdivision
				shall list the civil rights that have been restored to the offender and the
				civil rights that have not been restored to the offender.
(b) For a misdemeanant, notify the offender
				that his or her period of supervision has expired.
(c) For a probationer, the department shall
				notify the sentencing court that the period of probation supervision has
				expired.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.17 - Early discharge

Current through June 24, 2024
(1) Offenders may be eligible for discharge
				as provided by s.
				973.09(3)
				(d), Stats.
(1m) The department may grant a parolee early
				discharge when there is a reasonable probability that supervision is no longer
				necessary for the rehabilitation and treatment of the offender and for the
				protection of the public. The offender must have reached his or her mandatory
				release date or have been under supervision for two years under s.
				302.11(6),
				Stats.
(2) Offenders are eligible
				for discharge by the governor as provided by s.
				973.013(2),
				Stats.
(3) The department may not
				discharge an offender on lifetime supervision under s.
				939.615,
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.18 - Use of force

Current through June 24, 2024
Whenever feasible, staff shall rely on law enforcement
				  authorities to exercise force against offenders. When such assistance is not
				  available, staff may use force subject to this section.
(1) Non-deadly force may be used by staff
				against offenders only if the user of force reasonably believes it is
				immediately necessary to realize one of the following objectives:
(a) To prevent death or bodily harm to
				oneself or another.
(b) To prevent
				unlawful damage to property, including damage that may result in death or
				bodily harm to oneself or another.
(c) To prevent an offender from fleeing the
				control of a staff member.
(d) To
				change the location of an offender.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.19 - Mechanical restraints

Current through June 24, 2024
(1) An employee may use mechanical restraints
				authorized by the department to restrain an offender only in accordance with
				the following:
(a) To protect staff or others
				from an offender who poses an immediate risk of flight or physical injury to
				others.
(b) To protect an offender
				who poses an immediate threat of physical injury to self.
(c) To take an offender into
				custody.
(d) To transport an
				offender while in custody.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.20 - Incapacitating agents

Current through June 24, 2024
An employee may possess and use only those incapacitating
				  agents and delivery systems approved by the department.
(1) AUTHORIZED USE OF INCAPACITATING AGENTS.
				An employee who is on duty may possess or use incapacitating agents only under
				the following conditions:
(a) After
				successfully completing a department approved training program for use of
				incapacitating agents.
(b) While
				acting in self-defense or defense of a third person.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.21 - Firearms or other weapons

Current through June 24, 2024
No employee of the division may possess or use a firearm or
				  other weapons while on duty, except as permitted under s.
				  DOC
				  328.23.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.22 - Search and seizure; pat-down

Current through June 24, 2024
(1) GENERAL POLICY.
				A search of an offender, the offender's living quarters or property, or seizure
				of the offender's body contents may be made at any time, but only in accordance
				with this section. Strip searches or body cavity searches are prohibited. For
				purposes of this section, the mouth is not a body cavity.
(2) JUSTIFICATION. A search or seizure is
				appropriate and consistent with the goals and objectives of supervision under
				any of the following circumstances:
(a) When
				an employee has reasonable grounds to believe the offender possesses contraband
				or evidence of a rule violation on or within his or her person or
				property.
(b) With the consent of
				the offender, when a search or seizure is necessary to verify compliance with
				the rules.
(c) When ordered by the
				court.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.23 - Contraband

Current through June 24, 2024
(1) Any employee who reasonably believes that
				an item in an offender's possession is contraband may seize the item, whether
				or not the employee believes a violation of the offender's rules or conditions
				of supervision has occurred. Any items seized must be documented with chain of
				custody.
(2) The supervisor shall
				dispose of seized contraband after all proceedings in which it may be required
				have been completed. Disposition shall be as follows:
(a) All confiscated currency, whose true
				owner cannot be determined, shall be placed in the general fund.
(b) Checks and other negotiable instruments
				shall be returned to the maker. If it is not possible to determine an address
				for the maker of the check, the check shall be destroyed.
(c) U.S. bonds and other securities shall be
				held in the department's cashier's office, and upon proof of ownership, the
				item shall be returned to the owner.
(d) Property items shall be returned at the
				offender's expense to the owner if the owner is known unless the owner
				transferred the property in an unauthorized manner. Property items which an
				offender is not permitted to possess and which are not illegal may be
				transferred to another person at the offender's expense. Property items of
				inherent value which were not returned to the owner shall be sold through the
				department's purchasing officer and money received shall be placed in the
				general fund.
(e) Intoxicating
				substances, such as alcohol or controlled substances, shall be disposed of in
				accordance with division policy.
(f) Firearms not required for use as evidence
				shall be disposed of in accordance with s.
				968.20,
				Stats.
(g) Any item originally
				assigned as property of the state shall be returned to service.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.24 - Absconding

Current through June 24, 2024
(1) If an offender absconds, an employee
				shall issue an apprehension request.
(2) If an offender committed under s.
				961.47(1),
				Stats., absconds and is not located within 90 days, an employee shall request
				that the committing court issue a capias ordering apprehension of the offender,
				vacating the order committing the offender to the custody of the department, or
				relieve the department of further responsibility for the offender. Following
				court action, the agent shall cancel the apprehension request.
(3) Once the offender is apprehended and
				becomes available, an employee shall conduct a violation investigation and make
				a determination regarding disposition. The employee shall also cancel the
				apprehension request.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.25 - Tolled time

Current through June 24, 2024
(1) The department may toll all or any part
				of the period of time between the date of the violation and the date of an
				order of revocation or reinstatement is entered, subject to sentence credit for
				time the offender spent in custody pursuant to s.
				973.155(1),
				Stats. If the offender is subsequently reinstated rather than revoked, time
				shall be tolled only if the reinstatement order concludes that the offender did
				in fact violate the rules or conditions of his or her supervision.
(2) A division of hearings and appeals
				administrative law judge or the secretary shall determine the amount of time to
				be tolled.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.26 - Reinstatement

Current through June 24, 2024
(1) The department may reinstate an offender
				upon the offender's request and written admission of a violation of the rules
				or conditions of supervision sufficient to warrant revocation.
(2)
(a) The
				request under sub. (1) shall acknowledge both of the following:
1. The date of the violation.
2. The offender's awareness that the period
				between the date of violation and the date of reinstatement or revocation may
				be tolled.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.27 - Custody and detention

Current through June 24, 2024
Whenever feasible, an employee shall rely on law enforcement
				  authorities to take an offender into custody. When law enforcement assistance
				  is not available, the employee shall decide whether to disengage and issue an
				  apprehension request or take the offender into custody in accordance with this
				  section.
(1) CUSTODY ORDER. An agent
				shall order an offender into custody if the offender is alleged to have been
				involved in assaultive or dangerous conduct. A regional chief may permit
				exceptions to this subsection.
(2)
				DETENTION. An offender may be taken into custody and detained for one of the
				following purposes:
(a) For investigation of
				an alleged violation of a rule or condition of supervision.
(b) After an alleged violation to determine
				whether to commence revocation proceedings.
(c) For disciplinary purposes.
(d) To prevent a possible violation by the
				offender.
(e) Pending placement in
				a program as an alternative to revocation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter III - Enforcement Options and Related Matters › Section DOC 328.28 - Psychotropic medication as a condition of supervision

Current through June 24, 2024
The purpose of this section is to provide a process for
				  imposing a condition of supervision that requires compliance with prescribed
				  psychotropic medications.
(1)
				PSYCHOTROPIC MEDICATION AS A CONDITION OF SUPERVISION. Psychotropic medication
				may be made a condition of supervision only when one of the following applies:
(a) Following commitment proceedings during
				which the offender has been found not competent to refuse psychotropic
				medication.
(b) With the consent of
				a guardian who is able to authorize treatment of the offender with psychotropic
				medication.
(c) Following a
				department hearing under this section, approving a condition requiring the
				offender's compliance with prescribed psychotropic medication.
(d) When the offender waives a department
				psychotropic medication hearing under this section.
(e) When ordered by a court of law.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.01 - Applicability

Current through June 24, 2024
This chapter interprets s.
				304.06(1q),
				Stats. This chapter applies to the department of corrections and to all serious
				child sex offenders, as defined by s.
				304.06(1q)
				(a), Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.02 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.03 - Definitions

Current through June 24, 2024
Unless otherwise indicated, in this chapter:
(1) "Antiandrogen" means a chemical agent
			 that lowers levels of testosterone.
(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.
(3) "Department" means
			 the Wisconsin department of corrections.
(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.
(5) "Hearing" means the department's
			 administrative proceeding to determine whether the department may impose a
			 condition of supervision requiring compliance with pharmacological
			 treatment.
(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.
(7) "Offender" means an inmate, probationer,
			 or parolee who is committed to the custody of the department for correctional
			 purposes.
(8) "Pharmacological
			 treatment" means treatment with an antiandrogen or the chemical equivalent of
			 an antiandrogen.
(9) "Physician"
			 has the meaning given in s.
			 448.01(5),
			 Stats.
(10) "Proper medical
			 subject" means a serious child sex offender who does not have a diagnosed
			 physical condition that precludes treatment with an antiandrogen.
(11) "Revocation" means the removal of an
			 offender from probation or parole supervision in accordance with ch. DOC
			 331.
(12) "Rules" means those
			 written departmental regulations applicable to a specific offender under
			 supervision.
(13) "Secretary" means
			 the secretary of the department of corrections.
(14) "Serious child sex offender" has the
			 meaning given in s.
			 304.06(1q)
			 (a), Stats.
(15) "Supervision" means the control and
			 monitoring of offenders on probation or parole supervision by a department
			 employee or contract agency employee.
(16) "Therapeutic level" means the hormone
			 level that, as determined by the treating physician, is the intended effect of
			 pharmacological treatment on an offender.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.04 - Pharmacological treatment required

Current through June 24, 2024
(1) Pharmacological
			 treatment may not be made a condition of probation or parole supervision
			 without first complying with this chapter.
(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.
(3) Pharmacological
			 treatment may be made a condition of probation or parole supervision for an
			 offender if all of the following criteria are satisfied:
(a) The offender is a serious child sex
			 offender.
(b) The offender is a
			 proper medical subject.
(c) The
			 offender has a diagnosis of pedophilia or any other diagnosis for which the
			 treatment may include an antiandrogen or chemical equivalent.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.05 - Clinical and medical evaluation

Current through June 24, 2024
(1) A licensed
			 physician designated by the department shall conduct the clinical and medical
			 evaluation.
(2) The designated
			 physician shall do the following:
(a) Obtain a
			 psychiatric history and administer appropriate diagnostic
			 instruments.
(b) Make a
			 determination as to the presence of pedophilia and any other diagnosis for
			 which the treatment may include pharmacological treatment. This clinical
			 determination shall be in the form of a written report.
(c) Obtain the medical history, conduct a
			 physical examination and conduct and interpret appropriate laboratory tests to
			 determine whether the offender is a proper medical subject.
(d) Provide the offender with sufficient
			 information for the offender to understand the risks and benefits of
			 pharmacological treatment.
(e)
			 Provide the department with a copy of the offender's medical records on an
			 ongoing basis throughout the course of treatment. Such records shall include
			 documentation and verification of the offender's compliance with
			 pharmacological treatment.
(f)
			 Apply principles and techniques of medical science in determining that an
			 offender is a proper medical subject for pharmacological treatment at regularly
			 established times throughout the course of treatment.
(g) Monitor the pharmacological treatment on
			 an ongoing basis as follows:
1. Obtain
			 appropriate laboratory tests, including testosterone levels.
2. Obtain updated medical history.
3. Conduct physical examinations as
			 needed.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.06 - Notice of pharmacological treatment hearing

Current through June 24, 2024
(1) The serious
			 child sex offender shall receive written notice of the pharmacological
			 treatment hearing. The notice shall be given at least 72 hours before the
			 hearing.
(2) The notice shall
			 include all of the following:
(a) A statement
			 that a rule requiring compliance with pharmacological treatment has been
			 recommended by the department.
(b)
			 The date, time and manner of the hearing.
(c) The right of the offender to be present
			 at the hearing.
(d) The right of
			 the offender to be represented by an advocate.
(e) The right of the offender to be heard and
			 to present evidence and relevant witnesses.
(f) The right to cross-examine department
			 witnesses.
(g) The right to a
			 written decision within 10 working days of the hearing, including the reasons
			 for the decision.
(h) The right to
			 appeal the decision to the division administrator within 10 working days of the
			 decision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.07 - Pharmacological treatment hearing

Current through June 24, 2024
The department shall hold a pharmacological treatment hearing
				unless waived by the serious child sex offender. A hearing examiner shall do
				all of the following:
(1) Conduct the
			 pharmacological treatment hearing.
(2) Keep summary notes of the
			 hearing.
(3) Decide to permit or
			 disapprove a condition of probation or parole requiring compliance with
			 prescribed pharmacological treatment.
(4) Issue a written decision, including the
			 reasons for it, within 10 working days of the hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.09 - Hearing procedure

Current through June 24, 2024
In the hearing:
(1)
			 EVIDENCE.
(a) The hearing examiner may admit
			 all testimony having relevance including hearsay evidence.
(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.
(c) All evidence shall be made part of the
			 record in the case.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.11 - Offender advocate

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.13 - Review of decision

Current through June 24, 2024
(1) Every 24 months, a hearing examiner shall
			 review the decision ordering mandatory compliance with required pharmacological
			 treatment in accordance with the standards in s.
			 DOC
			 330.09(3).
(2) A different hearing examiner may perform
			 the review.
(3) Upon request of the
			 serious child sex offender the review shall be in the form of a pharmacological
			 treatment hearing.
(4) The hearing
			 examiner may continue the order permitting the department to require prescribed
			 pharmacological treatment if evidence since the time of the last review shows
			 that all of the criteria in s.
			 DOC
			 330.09(3) (a) have been
			 satisfied.
(5) When the department
			 has established all of the criteria in s.
			 DOC
			 330.09(3) (a), pharmacological
			 treatment shall be continued unless the offender can establish all of the
			 criteria in s.
			 DOC
			 330.09(3) (b).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.15 - Detention pending clinical and medical evaluation or pharmacological treatment hearing

Current through June 24, 2024
(1) An offender who prior to parole refuses
			 to participate in pharmacological treatment evaluations or the hearing process
			 or refuses to take pharmacological treatment medications may be taken into
			 custody and detained in any state correctional institution or county jail for
			 the purpose of public protection.
(2) Detention under sub. (1) may continue
			 until the pharmacological treatment evaluations are completed, the hearing
			 decision is received, and the therapeutic level of the serious child sex
			 offender is achieved.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.16 - Duration of treatment

Current through June 24, 2024
Pharmacological treatment shall be continued throughout the
				duration of the serious child sex offender's supervision unless one of the
				following applies:
(1) The serious
			 child sex offender is found not to be a proper medical subject.
(2) The pharmacological treatment hearing
			 process described in s.
			 DOC
			 330.09 results in a finding that the department may
			 not order pharmacological treatment for the serious child sex
			 offender.
(3) The department
			 determines that continuing pharmacological treatment will no longer be
			 beneficial.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 330 - Pharmacological Treatment For Certain Child Sex Offenders › Section DOC 330.17 - Rules and conditions established; the serious child sex offender's duty to comply; department's response upon serious child sex offender's refusal to comply

Current through June 24, 2024
(1) The
			 department shall establish special written rules and conditions of supervision
			 for each serious child sex offender ordered to comply with pharmacological
			 treatment as provided in s.
			 DOC 328.04(2)
			 (d). The rules and conditions of supervision
			 and any sanctions the department may use in response to non-compliance by the
			 serious child sex offender shall be explained to the offender and acknowledged
			 in writing.
(2) Serious child sex
			 offenders required to undergo pharmacological treatment shall comply with all
			 rules and conditions ordered by the parole commission or the
			 department.
(3) Serious child sex
			 offenders refusing to comply with rules and conditions of pharmacological
			 treatment after a decision by a hearing examiner permitting the department to
			 require pharmacological treatment may be sanctioned or recommended for
			 revocation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.01 - Authority and applicability

Current through June 24, 2024
(1) These rules are
			 promulgated under the authority of s.
			 227.11,
			 Stats. They interpret ss.
			 302.11,
			 302.113,
			 302.114,
			 302.335,
			 304.02,
			 304.06,
			 961.47,
			 971.17,
			 and
			 973.10,
			 Stats.
(2) This chapter applies to
			 offenders on probation, parole, and extended supervision in the legal custody
			 of the department.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.02 - Definitions

Current through June 24, 2024
The definitions in s.
				DOC
				328.03 apply to this chapter. In addition, in this
				chapter:
(1) "Magistrate" means a
			 supervisor or supervisor's designee who has not been directly involved in the
			 decision to initiate proceedings to revoke the offender's
			 supervision.
(2) "Reviewing
			 authority" means the division of hearings and appeals in the department of
			 administration, upon proper notice and hearing, or the department of
			 corrections, if the offender waives a hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.03 - Violation of supervision

Current through June 24, 2024
(1) INVESTIGATION.
			 The department shall investigate the facts underlying an alleged violation of
			 supervision and shall meet with the offender to discuss the allegation within a
			 reasonable period of time after becoming aware of the allegation.
(2) RECOMMENDATION. After investigation and
			 discussion under sub. (1), the agent and supervisor shall do one of the
			 following:
(a) Take no action because the
			 allegation is unfounded.
(b)
			 Resolve alleged violations by any of the following:
1. A review of the rules of supervision
			 followed by changes in them where necessary or desirable, including return to
			 court.
2. A formal or informal
			 counseling session with the offender to reemphasize the necessity of compliance
			 with the rules or conditions.
3. An
			 informal or formal warning that further violation may result in a
			 recommendation for revocation.
4.
			 Implementation of an alternative to revocation.
(c) Recommend revocation for the alleged
			 violation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.04 - Notice

Current through June 24, 2024
Within a reasonable time after a determination under s.
				DOC 331.03(2)
				(c), the department shall provide the
				offender with written notice that the department has recommended revocation.
				The notice shall contain all of the following:
(1) A statement describing the alleged
			 violation and the rule violated.
(2) The offender's hearing rights, including
			 the right to waive the hearing.
(3)
			 The amount of any time available for good time forfeiture, reincarceration, or
			 reconfinement.
(4) The amount of
			 time recommended by the agent for good time forfeiture, reincarceration, or
			 reconfinement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.05 - Preliminary hearing

Current through June 24, 2024
(1) REQUIREMENT. When revocation is
			 initiated, a magistrate shall conduct a preliminary hearing in accordance with
			 this section to determine whether there is probable cause to believe that the
			 offender violated a rule or a condition of supervision.
(2) EXCEPTIONS. A preliminary hearing need
			 not be held if one of the following is true:
(a) The offender waives the right to a
			 preliminary hearing in writing.
(b)
			 The offender has given and signed a written statement which admits a
			 violation.
(c) There has been a
			 finding of probable cause in a felony matter and the offender is bound over for
			 trial for the same or similar conduct.
(d) There has been an adjudication of guilt
			 by a court for the same or similar conduct.
(e) The offender is not being held in custody
			 under the department's authority.
(f) There has been a finding of probable
			 cause for the same or similar conduct by a court or magistrate in another
			 state.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.07 - Waived revocation hearing

Current through June 24, 2024
(1) An offender may
			 waive in writing the right to revocation hearing.
(2) The agent shall prepare and send the
			 waiver and a record of documents supporting the recommendation for revocation
			 to the secretary for decision within a reasonable period of time.
(3) The secretary shall issue a written
			 decision to the offender, the offender's attorney, if applicable, the agent,
			 and the supervisory staff member who recommended revocation within 10 days of
			 receipt of the recommendation.
(4)
			 The offender may withdraw a waiver prior to the secretary's decision if the
			 offender establishes that it was not knowingly, voluntarily, or intelligently
			 made.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.08 - Termination of revocation proceedings

Current through June 24, 2024
(1) A supervisor
			 may recommend to the regional chief that revocation proceedings be terminated
			 at any time before the administrative law judge issues a decision.
(2) The regional chief shall determine if
			 there is sufficient basis for terminating the revocation proceedings.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.09 - Concurrent criminal prosecution and acquittal in criminal proceeding

Current through June 24, 2024
Any revocation action under this chapter may proceed regardless
				of a concurrent prosecution of the offender for the conduct underlying the
				alleged violation. An acquittal in a criminal proceeding for an offender's
				conduct underlying an alleged violation shall not preclude revocation of that
				offender's supervision for the same or similar conduct.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.11 - Special revocation procedures

Current through June 24, 2024
All offenders under supervision by the department are subject
				to revocation under ss.
				DOC
				331.03 to
				331.10, except for an offender
				committed under s.
				961.47,
				Stats. For an offender committed under s.
				961.47,
				Stats., an agent shall proceed under s.
				DOC 331.03(1) and
				(2) and shall, upon the approval of a
				supervisor, notify the committing court of the alleged violation and submit a
				report to the court within a reasonable time after becoming aware of the
				alleged violation. The court shall decide if the offender shall remain on
				probation under s.
				961.47,
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 331 - Probation - parole revocation procedure › Section DOC 331.13 - Post revocation hearing to determine good time forfeiture, reincarceration, or reconfinement time

Current through June 24, 2024
(1) APPLICABILITY.
(a) Good time forfeiture hearings apply to
			 offenders who, before June 1, 1984, committed the crime for which they were
			 sentenced to a period of incarceration in the Wisconsin state prison and chose
			 not to have 1983 Wis. Act 528 apply.
(b) Reincarceration hearings apply to
			 offenders who, between June 1, 1984, and December 30, 1999, committed the crime
			 for which they were sentenced to a period of incarceration in the Wisconsin
			 state prison and to any other offender who chose to have 1983 Wis. Act 528
			 apply, except offenders sentenced under s.
			 973.01,
			 Stats.
(c) Reconfinement hearings
			 apply to offenders who, on or after December 31, 1999, committed the crime for
			 which they received a bifurcated sentence under s.
			 973.01,
			 Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.015 - Authority and applicability of lie detector testing

Current through June 24, 2024
Sections
				DOC
				332.15 to a repromulgated 332.18 under the authority
				of s.
				301.132(3),
				Stats., to establish a lie detector program for probationers and parolees who
				are sex offenders. The rules apply to the department and to probationers and
				parolees who are sex offenders.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.02 - Definition

Current through June 24, 2024
Unless otherwise indicated in this chapter:
(1) "Department" means the department of
			 corrections.
(2) "Lie detector"
			 means a polygraph, deceptograph, voice stress analyzer, psychological stress
			 evaluator or other similar device, whether mechanical or electrical, that is
			 used, or the results of which are used, to render a diagnostic opinion about
			 the honesty or dishonesty of an individual.
(3) "Lie detector examination process" means
			 the entire process of lie detector testing, including completion of any
			 preliminary questionnaires, pretest questions, baseline questions, and the
			 actual lie detector testing.
(4)
			 "Offender" means a probationer or parolee.
(5) "Polygraph" means an instrument that
			 fulfills all of the following requirements:
(a) Records continuously, visually,
			 permanently and simultaneously any changes in cardiovascular, respiratory, and
			 electro-dermal patterns as minimum instrumentation standards.
(b) Is used, or the results of which are
			 used, to render a diagnostic opinion about the honesty or dishonesty of an
			 individual.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.04 - Maintenance of registry

Current through June 24, 2024
(1) The department
			 shall maintain a registry of all persons subject to registration
			 requirements.
(2) Persons subject
			 to registration shall complete, sign, and submit a form designated by the
			 department that requires:
(a) All of the
			 information specified at s.
			 301.45(2)
			 (a), Stats., and;
(b) Any other information that the department
			 deems necessary to aid law enforcement or furthers the interests of public
			 protection. Information under this paragraph shall only be made available to
			 the department and law enforcement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.05 - Registration timelines

Current through June 24, 2024
When a person subject to registration is on supervision the
				supervising department or agency shall provide all of the information required
				under s.
				DOC
				332.04(2), to the department of
				corrections in accordance with s.
				301.45(2)
				(e), Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.06 - Registration frequency, duration, verification, and updating

Current through June 24, 2024
(1) Persons
			 subject to registration shall continue to provide information annually or at 90
			 day intervals as required by s.
			 301.45(3),
			 Stats., on the designated department form until released from the registration
			 obligation as provided at s.
			 301.45(5),
			 Stats.
(2) Persons shall update
			 information in accordance with the following:
(a) Unless par. (b) applies, whenever
			 information required by s.
			 DOC
			 332.04(2), changes the person shall
			 notify the department of the change within 10 days by registering the change
			 with the department's 1-888 telephonic registration system or by completing,
			 signing, and submitting the designated DOC form.
(b) Persons on supervision to the department
			 shall provide advance written notification to the department of any changes in
			 employment, residence, school enrollment and vehicle information or in the case
			 of emergency within 72 hours of the change by contacting the supervising
			 agent.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.07 - Access to registry information

Current through June 24, 2024
(1) The department
			 shall allow access to registry information to law enforcement agencies in
			 accordance with s.
			 301.46(2)
			 and (6) (b), Stats.
(2) In addition to the information provided
			 to law enforcement agencies under sub. (1) the department may provide law
			 enforcement with any other information concerning persons subject to
			 registration.
(3) The department
			 shall provide access to registry information to agencies and organizations
			 other than law enforcement in accordance with s.
			 301.46(4),
			 Stats.
(4) The department shall
			 provide access to registry information to victims in accordance with s.
			 301.46(3),
			 Stats.
(5) The department may
			 provide access to registry information to the general public in accordance with
			 s.
			 301.46(5),
			 Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.08 - Period of access to registry

Current through June 24, 2024
(1) Except as
			 provided in sub. (2), the department may continue to provide access to registry
			 information concerning persons subject to registration only until the person is
			 released from registration requirements under s.
			 301.45(5),
			 Stats.
(2) The department may
			 provide registry access to law enforcement agencies regardless of whether the
			 person is still subject to registration requirements.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.10 - Notification of victims

Current through June 24, 2024
(1) In this
			 section:
(a) "Member of the family" has the
			 meaning given at s.
			 301.46(3)
			 (a) 1, Stats.
(b) "Victim" has the meaning given at s.
			 301.46(3)
			 (a) 2, Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.11 - Access to registry by community entities

Current through June 24, 2024
(1) The department
			 shall provide access to community entities specified at s.
			 301.46(4)
			 (a), Stats., that request information about a
			 specific person registered under s.
			 DOC
			 332.04. Entities requesting information under this
			 paragraph shall be provided information when the entity does all of the
			 following:
(a) Submits a request to the
			 department's 1-800 telephonic information access system.
(b) Specifies by name the person about whom
			 information is requested and;
(c)
			 Provides the date of birth, and either the social security number or drivers
			 license number of the person about whom information is requested.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.12 - Access to registry by general public

Current through June 24, 2024
(1) The department
			 may in the interest of public protection provide information to a person not
			 provided access to registry information under other sections when the person
			 requests information and when the person does all of the following:
(a) Submits a request to the department's
			 1-800 telephonic information access system or files a written request for
			 information on the form designated by the department.
(b) Specifies by name the person about whom
			 information is requested and;
(c)
			 Provides the date of birth, and either the social security number or drivers
			 license number of the person about whom information is requested.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.13 - Misuse of registry information

Current through June 24, 2024
Persons who commit crimes using information that is disclosed
				under the provisions of this chapter are subject to the penalty provided for
				the crime committed and any increased penalty provided under s. 939.646,
				Stats.
Section 939.646, Stats., was repealed eff. 2-1-03.