Wisconsin Legislature: DHS 98.03(13)

DHS 98.32 Lie detector fee.

Note: Chapter HSS 98 was created as an emergency rule effective December 15, 1991. Chapter HSS 98 was renumbered chapter HFS 98 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1999, No. 521. Chapter HFS 98 was renumbered chapter DHS 98 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Subchapter I — General

DHS 98.01 Authority and purpose. This chapter is promulgated under the authority of ss. 51.37 (9), 51.375 (3), 971.17 (3) (e), and 980.08 (6m), Stats., to provide rules for supervision in communities of persons who are committed to the department and placed under its control after being found not guilty by reason of mental illness or defect of having committed a crime or after being found to be sexually violent persons or who are otherwise sex offenders. Supervision is intended to provide for the public’s safety, promote social reintegration, reduce repetition of crime and carry out the statutory directives under s. 46.03 (1) and (5), Stats. The following goals and objectives are relevant for fulfillment of these purposes:

(1) To supervise and control offenders to the extent necessary to protect the public, staff and clients;

(2) To provide clients with opportunities for obtaining education, training, work experience, coping skills and other programs and services to enable them to live constructive lives;

(3) To provide access to community-based programs for persons on supervision for whom those programs are desirable and necessary;

(4) To establish necessary guidelines, procedures, and controls to maintain program, staff and fiscal accountability and to promote program efficiency and effectiveness;

(5) To cooperate with other public and private agencies in activities directed at preventing crime and mental illness and providing alternatives to institutionalization; and

(6) To protect the health and rights of all persons involved in the department’s programs and activities.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. am. (intro.) eff. 10-1-94; am. (intro.), Register, April, 1995, No. 472, eff. 5-1-95; am. (1) (intro.), Register, May, 1999, No. 521, eff. 6-1-99; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588.

DHS 98.02 Applicability. This chapter applies to the department and to all persons under its custody and supervision who were committed to the department after being found:

(1) Not guilty by reason of mental disease or mental defect of a crime and for whom the commitment order specifies conditional release or who were conditionally transferred or discharged by the department to field supervision; or

(2) To be sexually violent and for whom the commitment order specifies supervised release or who were found by the court to be appropriate for supervised release.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. r. and recr. eff. 10-1-94; r. and recr. Register, April, 1995, No. 472, eff. 5-1-95.

DHS 98.03 Definitions. In this chapter:

(1) “Absconding” means the failure of a client to make himself or herself available as directed by the agent.

(2) “Administrator” means the administrator of the department’s division of care and treatment facilities or designee.

(3) “Agent” means the employee of the division or a person under contract to the division who may be assigned the responsibilities of an agent under this chapter.

(4) “Client” means a person who is committed to the custody of the department for treatment purposes and is under the department’s field supervision.

(5) “Collateral” means a family member, friend, employer, teacher or any person who has contact with or information about a client.

(6) “Commitment term” or “term” means that period of time during which the client is under commitment to the department.

(7) “Conditionally transferred or released” means released from an institution to field supervision, in accordance with s. 51.37 (9), Stats.

(8) “Conditions” means specific regulations imposed on the client by the court or the department.

(9) “Contacts” means communications between an agent and a client or collateral.

(10) “Department” means the Wisconsin department of health services.

(11) “Department of corrections cashier” means the cashier whose services are provided to the department under contract for the purposes set out in s. DHS 98.07.

(12) “Discharge” means the successful completion of the term of supervision by a client.

(13) “Division” means the department’s division of care and treatment facilities or an organization under contract to the department to carry out responsibilities of the division under this chapter.

(14) “Field staff” or “staff” means the professional and paraprofessional workers of the department or under contract to the department assigned the responsibility for the control and supervision of clients and provision of program services to clients.

(15) “Field supervision” or “supervision” means the control and supervision of clients exercised by field staff.

(16) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions, including lysergic acid diethylamide, cocaine, marijuana, alcohol or any controlled substance as defined in ch. 961, Stats.

(16m) ‘‘Lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or other similar device, whether mechanical or electrical, that is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(16r) ‘‘Lie detector examination process” means the entire process of lie detector testing, including completion of any preliminary questionnaires, pretest questions, baseline questions and the actual lie detector testing, and post-testing interrogation.

(17) “Physical custody” means actual custody of the person in the absence of a court order granting custody to the physical custodian.

(17m) ‘‘Polygraph” means an instrument that fulfills all of the following requirements:

(a) Records continuously, visually, permanently and simultaneously any changes in cardiovascular, respiratory and electrodermal patterns as minimum instrumentation standards.

(b) Is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(18) “Referral” means the introduction of a client to an agency or service to obtain necessary or desired assistance.

(19) “Regional chief” means that employee of the department or person under contract to the department responsible for the administration of the program of field supervision under this chapter in a particular area of the state, or designee.

(20) “Reporting” means the required contact between the agent and client determined by the rules or conditions of supervision.

(21) “Revocation” means the removal of a client from supervision in accordance with s. 971.17 (3) (e) or 980.08 (6m), Stats.

(22) “Rules” means those written departmental regulations applicable to a specific client under supervision.

(23) “Secretary” means the secretary of the department.

(24) “Sex offender” means a person committed to the department who meets any of the criteria specified in s. 301.45 (1g), Stats.

(25) “Sexually violent person” has the meaning prescribed in s. 980.01 (7), Stats.

(26) “Supervised release” means the status of a person found by a court or a jury under s. 980.05 (5), Stats., to be a sexually violent person and ordered by the court under s. 980.06, Stats., to be committed to the department for control, care and treatment but with the control, care and treatment provided in the community rather than in a secure mental health unit or facility.

(27) “Supervisor” means an employee of the department or a person under contract to the department responsible for the supervision of agents.

(28) “Transfer” means the change of a client assignment to a new agent in accordance with this chapter.

(29) “Waiver” means the written relinquishment of known rights by a client.

(30) “Working day” means any day, Monday through Friday, except a legal holiday.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. am. (21) eff. 10-1-94; emerg. cr. (23g); (23m) eff. 10-1-94; am. (21), cr. (23g), (23m), Register, April, 1995, No. 472, eff. 5-1-95; cr. (16m), (16r), (17m) and (24) and renum. (23g) to (27) to be (25) to (30), Register, May, 1999, No. 521, eff. 6-1-99; corrections in (16), (21) and (24) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (10) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

Subchapter II — Client under Supervision

DHS 98.04 Field supervision.

(1) General. Supervision is a mechanism of control and an attempt to guide clients into socially appropriate ways of living. Field staff are to provide individualized supervision of clients in a manner consistent with the goals and objectives of this chapter. Specifically, field staff are to attempt to help clients be successfully reassimilated into the community, help clients adjust to and cope with community living, reduce crime, and protect the public.

(2) Agent responsibilities. An agent shall abide by this chapter. An agent’s responsibilities upon receiving a client for control and supervision shall include:

(a) Obtaining information necessary for appropriate supervision and control of the client;

(b) Evaluating the client’s needs and security risk and classifying the client’s supervision as intensive, maximum, medium or minimum in accordance with sub. (4);

(c) Determining the short-term and long-term goals and objectives of the client’s overall supervision consistent with the court order;

(d) Establishing written rules of supervision that supplement existing court-imposed conditions, and providing the client with a copy of them;

(e) Informing the client of the possible consequences of not abiding by the rules and conditions of supervision;

(f) Explaining the conditions and rules of supervision and the reporting requirements immediately upon the client’s reception to field supervision in a manner the client can understand;

(g) Informing the client of the client complaint process under s. DHS 98.10;

(h) As necessary, providing individualized counseling designed to foster growth and development of the client;

(i) Informing the client of local law enforcement registration requirements that apply to the client;

(j) Monitoring the client’s compliance with the conditions and rules of supervision to ensure that the client is appropriately controlled and the public is protected;

(k) Periodically reassessing the client’s needs and risks, and reevaluating the client’s supervision in light of meeting those needs;

(L) Making appropriate referrals to other agencies for client services;

(m) Maintaining complete and accurate case records for each client under supervision in accordance with s. DHS 98.27;

(n) Monitoring the client’s progress where services are provided by another agency and evaluating the need for continuation of the services;

(o) Recommending transfer, discharge, revocation and any other appropriate actions under this chapter or otherwise, for the necessary care and control of the client and the protection of the public consistent with the purposes, goals and objectives under this chapter;

(p) Supervising persons committed under ss. 971.14, 971.17 and 980.06, Stats., who are conditionally released by the court or conditionally transferred by the department or who are on supervised release, in accordance with the agreement between the department and the department of corrections;

(q) Conducting periodic institution contacts with institutionalized clients when necessary;

(r) Reporting child abuse cases under s. 48.981, Stats., to the appropriate authority;

(s) Reporting to a supervisor as directed on the status of all clients under supervision;

(t) Maintaining an effective and cooperative working relationship with public and private client service agencies;

(u) Reporting all violations of the criminal law by clients to a supervisor or appropriate law enforcement authority; and

(v) Assisting in the development of release plans in accordance with s. DHS 98.05.

(3) Rules and conditions of supervision. When supervision begins, an agent shall meet with a client to review or develop written rules and specific conditions of the client’s supervision, or both. These rules shall require that the client:

(a) Avoid all conduct which is in violation of state statutes or municipal or county ordinances or which is not in the best interests of the public or the client’s rehabilitation;

(b) Report all arrests and police contacts to an agent within 72 hours;

(d) Inform the agent of his or her whereabouts and activities as directed;

(e) Submit a written monthly report to the agent and any other relevant information as may be required;

(f) Secure advance approval from an agent for a change of residence or employment, except that in the event of a housing or employment emergency notify the agent of the change within 72 hours;

(g) Obtain advance permission from an agent to purchase, trade, sell or operate a motor vehicle;

(h) Secure advance approval from an agent to borrow money or purchase on credit;

(i) Obtain advance permission from an agent to purchase, possess, own or carry a firearm or other weapon. An agent may not grant a client permission to possess a firearm if the client is prohibited from possessing a firearm under s. 941.29, Stats., or federal law;