Sexually Violent Persons — conditions of supervised release

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — conditions of supervised release

It was not an erroneous exercise of discretion to require a person committed as a sexually violent person to submit to lie detector tests as a condition of supervised release.

“We see no erroneous exercise of discretion on the part of the circuit court. WISCONSIN STAT. § 51.375(2) permits DHS to administer lie detector tests to sex offenders placed in the community. The use of lie detector tests to treat sex offenders does not violate due process. Wilson v. Watters, 348 F. Supp. 2d 1031, 1036 (W.D. Wis. 2004). WISCONSIN ADMIN. CODE § DHS 98.31(2)(a) (Feb. 2012) provides that a DHS agent must provide notice to a sex offender before administering a lie detector test. The notice must include the ‘[d]ate, time, and location of the scheduled test.’ Sec. DHS 98.31(2)(b). Where the test will occur is a discretionary decision for DHS to make and for a court to approve. The reason DHS requested that the lie detector test be given at Sand Ridge instead of a location closer to Thiel’s home is because the State’s polygraph expert is located at Sand Ridge. As the circuit court’s decision to approve this course of action was a reasoned and reasonable determination, we affirm its discretionary decision.”

Affirmed.

Recommended for publication in the official reports.

2011AP933 State v. Thiel

Dist. II, Fond du Lac County, Wirtz, J., Reilly, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: St. John, Rebecca Rapp, Madison; Kaminsky, Daniel, Fond du Lac