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.
History: 1995 a. 440; 1999 a. 89; 2001 a. 16; 2005 a. 434.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act.
51.02 - Council on mental health.
51.025 - Office of children's mental health.
51.03 - Department; powers and duties.
51.038 - Outpatient mental health clinic certification.
51.04 - Treatment facility certification.
51.042 - Youth crisis stabilization facilities.
51.045 - Availability of inpatient psychiatric and other beds.
51.047 - Mental health services.
51.05 - Mental health institutes.
51.06 - Centers for the developmentally disabled.
51.08 - Milwaukee County Mental Health Complex.
51.10 - Voluntary admission of adults.
51.138 - Emergency outpatient treatment for minors.
51.14 - Review of outpatient mental health treatment of minors aged 14 or older.
51.17 - Warning of dangerousness.
51.20 - Involuntary commitment for treatment.
51.22 - Care and custody of persons.
51.35 - Transfers and discharges.
51.37 - Criminal commitments; mental health institutes.
51.375 - Honesty testing of sex offenders.
51.38 - Nonresident patients on unauthorized absence.
51.39 - Resident patients on unauthorized absence.
51.40 - Determination of residence for certain adults; county of responsibility.
51.41 - Milwaukee County mental health; Milwaukee County mental health board.
51.42 - Community mental health, developmental disabilities, alcoholism and drug abuse services.
51.421 - Community support programs.
51.422 - Opioid and methamphetamine treatment programs.
51.4223 - Reporting by methadone treatment programs.
51.437 - Developmental disabilities services.
51.44 - Early intervention services.
51.441 - Comprehensive mental health consultation program.
51.442 - Child psychiatry consultation program.
51.445 - School-based mental health consultation pilot program.
51.448 - Addiction medicine consultation program.
51.45 - Prevention and control of alcoholism and drug dependence.
51.46 - Priority for pregnant women for private treatment for alcohol or other drug abuse.
51.47 - Alcohol and other drug abuse treatment for minors without parental consent.
51.48 - Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
51.49 - Pretrial intoxicated driver intervention grant program.
51.59 - Incompetency not implied.
51.60 - Appointment of counsel.
51.605 - Reimbursement for counsel provided by the state.
51.62 - Protection and advocacy system.
51.63 - Private pay for patients.
51.64 - Reports of death required; penalty; assessment.
51.65 - Segregation of tuberculosis patients.
51.67 - Alternate procedure; protective services.
51.75 - Interstate compact on mental health.
51.76 - Compact administrator.
51.78 - Supplementary agreements.
51.79 - Transmittal of copies.
51.81 - Uniform extradition of persons of unsound mind act; definitions.
51.82 - Delivery of certain nonresidents.
51.83 - Authentication of demand; discharge; costs.
51.84 - Limitation of time to commence proceeding.
51.87 - Interstate contracts for services under this chapter.