Wisconsin Statutes 51.375 – Honesty testing of sex offenders
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Terms Used In Wisconsin Statutes 51.375
- Conditional transfer: means a transfer of a patient or resident to a less restrictive environment for treatment which is made subject to conditions imposed for the benefit of the patient or resident. See Wisconsin Statutes 51.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Treatment: means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person. See Wisconsin Statutes 51.01
(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.