Section 51.375. Honesty testing of sex offenders.

 

(1)  In this section:

(a) “Community placement" means conditional transfer into the community under s. 51.35 (1) , conditional release under s. 971.17 , parole from a commitment for specialized treatment under ch. 975 , or supervised release under ch. 980 .

(b) “Lie detector" has the meaning given in s. 111.37 (1) (b) .

(c) “Polygraph" has the meaning given in s. 111.37 (1) (c) .

(d) “Sex offender" means a person committed to the department who meets any of the criteria specified in s. 301.45 (1g) .

(2)  

(a) The department may require, as a condition of a community placement, that a sex offender submit to a lie detector test when directed to do so by the department.

(b) The department may administer a lie detector test to a sex offender as part of the sex offender's programming, care, or treatment. A patient may refuse to submit to a lie detector test under this paragraph. This refusal does not constitute a general refusal to participate in treatment. The results of a lie detector test under this paragraph may be used only in the care, treatment, or assessment of the subject or in programming for the subject. The results of a test may be disclosed only to persons employed at the facility at which the subject is placed who need to know the results for purposes related to care, treatment, or assessment of the patient, the committing court, the patient's attorney, or the attorney representing the state in a proceeding under ch. 980 . The committing court to which the results of a test have been disclosed may admit the results in evidence in a proceeding under ch. 980 .

(3)  The department shall promulgate rules establishing a lie detector test program for sex offenders who are in a community placement. The rules shall provide for assessment of fees upon persons committed to the department to partially offset the costs of the program.

1995 a. 440 ; 1999 a. 89 ; 2001 a. 16 ; 2005 a. 434 . Cross-reference: See also ch. DHS 98 , Wis. adm. code.