Section 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 or irrelevant questions may be excluded.

(c) All evidence shall be made part of the record in the case.

(2)  The hearing examiner may do all of the following:

(a) Administer oaths and affirmations.

(b) Take an active role in questioning witnesses and eliciting testimony.

(c) Regulate the course of the hearing.

(3)   Burden of proof.

(a) The department has the burden to establish, by a preponderance of the evidence, all of the following:

1. That the offender is a serious child sex offender.

2. That the offender is a proper medical subject.

3. That the offender has a diagnosis for pedophilia or any other diagnosis for which an antiandrogen may be prescribed.

(b) Once the department has established all of the criteria in sub. (3) (a) , pharmacological treatment shall be ordered unless the serious child sex offender can establish by a preponderance of the evidence all of the following:

1. Pharmacological treatment of the offender is not necessary for public protection.

2. Pharmacological treatment will not further the rehabilitation of the serious child sex offender.

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