Wisconsin Administrative Code

DOC 328.19 Mechanical restraints.

DOC 328.20 Incapacitating agents.

DOC 328.21 Firearms or other weapons.

DOC 328.22 Search and seizure; pat-down.

DOC 328.23 Contraband.

DOC 328.24 Absconding.

DOC 328.25 Tolled time.

DOC 328.26 Reinstatement.

DOC 328.27 Custody and detention.

DOC 328.28 Psychotropic medication as a condition of supervision.

DOC 328.29 DCC agent training. (3) “Advocate” means a person who assists in the presentation of the offender’s position, is independent, and able to act in an offender’s best interest. The advocate may not be a person in the custody or under the supervision of the department or a…

DOC 330.01 Applicability. 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. History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 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 promul…

DOC 330.03 Definitions. Unless otherwise indicated, in this chapter: (1) XAntiandrogenY means a chemical agent that lowers levels of testosterone. (2) XConditionY means specific rules, regulations or prohibitions imposed on an offender under the supervision of the department of c…

DOC 330.04 Pharmacological treatment required. (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 de…

DOC 330.05 Clinical and medical evaluation. (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 instrum…

DOC 330.06 Notice of pharmacological treatment hearing. (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)…

DOC 330.07 Pharmacological treatment hearing. 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…

DOC 330.08 Manner of hearing. The hearing may be included as part of the reclassification process in s. DOC 302.17 and appearances may be in person or by telephone. History: Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am., Register June 2018 No. 750 eff. 7-1-18.

DOC 330.09 Hearing procedure. 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 o…

DOC 330.10 Qualification of hearing examiner. The hearing examiner may not be currently involved in the offender[s treatment, diagnosis, or supervision, or in the direct supervision of the agent or physician treating the offender. History: Cr. Register July, 1999, No. 523, eff. 8…

DOC 330.11 Offender advocate. 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…

DOC 330.12 Appeal of decision. The serious child sex offender or the department may appeal a decision of the hearing examiner to the division administrator within 10 days of the written decision. History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.13 Review of decision. (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. t…

DOC 330.14 Waiver. A serious child sex offender may sign a form waiving the pharmacological treatment hearing or review. History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.15 Detention pending clinical and medical evaluation or pharmacological treatment hearing. (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 m…

DOC 330.16 Duration of treatment.

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. (8) XPharmacological treatmentY means treatment with an antiandrogen or the chemical equivalent of an antiandro…

DOC 331.01 Authority and applicability. (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, an…

DOC 331.02 Definitions. The definitions in s. DOC 328.03 apply to this chapter. In addition, in this chapter: (1) XMagistrateY means a supervisor or supervisor[s designee who has not been directly involved in the decision to initiate proceedings to revoke the offender[s supervisi…

DOC 331.03 Violation of supervision. (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. …

DOC 331.04 Notice. 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:

DOC 331.05 Preliminary hearing. (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.…

DOC 331.06 Final revocation hearing. A final revocation hearing of an offender[s supervision shall take place in accordance with procedures set forth in ch. HA 2.

DOC 331.07 Waived revocation hearing. (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 per…

DOC 331.08 Termination of revocation proceedings. (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 …

DOC 331.09 Concurrent criminal prosecution and acquittal in criminal proceeding. 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…

DOC 331.10 Records.

DOC 331.11 Special revocation procedures.

DOC 331.12 Harmless error.

DOC 331.13 Post revocation hearing to determine good time forfeiture, reincarceration, or reconfinement time. (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…

DOC 332.01 Applicability.

DOC 332.015 Authority and applicability of lie detector testing.

DOC 332.02 Definition.

DOC 332.03 Persons required to register.

DOC 332.04 Maintenance of registry.

DOC 332.05 Registration timelines.