Wisconsin Legislature: DHS 98.22(3)(d)

2. The identity of the staff member who conducted the search and the supervisor, if any, who approved it;

3. The date, time, and place of the search;

4. The reason for conducting the search. If the search was a random one, the report shall state this;

5. Any items seized pursuant to the search; and

6. Whether any damage was done to the premises or property during the search.

(c) If any items are damaged pursuant to the search of a client’s living quarters or property, the agent shall document the damage in the case record, inform his or her supervisor and inform the client.

(d) In conducting searches, field staff may not disturb the effects of the client more than is necessary for thoroughness.

(e) During searches, staff may not read any legal materials, any communication between the client and an attorney or any materials prepared in anticipation of a lawsuit. Staff are not prohibited from reading business records.

(f) The agent may not forcibly enter a locked premises to conduct a search if the premises are the living quarters or property of a client and the client is not present.

(4) Respect for the client. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.

(5) Informing the client. Whenever feasible before a search is conducted under this section, the client shall be informed that a search is about to occur, why and how the search will be conducted and the place where the search is to occur.

(6) Contraband. In deciding whether there are reasonable grounds to believe that a client possesses contraband as defined in s. DHS 98.16 (1), or that a client’s living quarters or property contain contraband, a staff member shall consider:

(a) The observations of staff members;

(b) Information provided by informants;

(c) The reliability of the information relied on. In evaluating reliability, attention shall be given to whether the information is detailed and consistent and whether it is corroborated;

(d) The reliability of the informant. In evaluating reliability, attention shall be given to whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information;

(e) The activity of the client that relates to whether the client might possess contraband;

(f) Information provided by the client that is relevant to whether the client possesses contraband;

(g) The experience of a staff member with that client or in a similar circumstance;

(h) Prior seizures of contraband from the client; and

(i) The need to verify compliance with rules of supervision and state and federal law.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.22 Custody and detention.

(1) Whenever feasible, staff shall rely on law enforcement authorities to take a client into custody. When that assistance is not practical, field staff shall take clients into custody in accordance with this section.

(2) A client shall be taken into custody and detained if the client is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this requirement.

(3) A client may be taken into custody and detained:

(a) For investigation of an alleged violation by the client;

(b) After an alleged violation by the client to determine whether to commence revocation procedures;

(d) For disciplinary purposes.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.23 Transporting clients in custody.

(1) A field staff member may transport a client to jail or other detention facility, to an institution or to court.

(2) A client may be handcuffed or otherwise appropriately restrained when being transported by field staff.

Note: When a client is being taken into custody, it is usually desirable to restrain the client.

(3) Two field staff members shall transport a client whenever feasible, and the client shall be informed of the reasons why he or she is being transported prior to such transport.

(4) Relevant records relating to transport of a client shall be maintained in the client’s record.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

Subchapter IV — Records and Reports

DHS 98.24 Predispositional investigation report.

(1) Purpose. The primary purpose of the predispositional investigation report is to provide the court with accurate and relevant information upon which to base its dispositional decision. The report is also important in the planning process. It is used for such things as determining levels of supervision, classification, program assignment, release planning and in the overall treatment of offenders.

(2) Court order. Upon order of the court, the department shall prepare a predispositional investigation report. It shall contain the information provided for under this section unless the court orders otherwise.

(3) Content.

(a) Information. A predispositional report should contain the following information relating to the client:

1. Present offense;

2. Prior criminal record;

3. Prior correctional institution record;

4. Victim’s statement;

5. Family information; and

6. Personal history.

(b) Summary and conclusions. A predispositional investigation report shall contain information about the offender’s present situation. Pending charges may be included in this information. If department staff conclude the offender has immediate problems that require attention, this shall be stated together with the facts and reasons for that conclusion.

(c) Recommendation. Unless the court otherwise directs, the recommendation or recommendations by department staff for disposition shall be included in the predispositional report. The conclusions of the department staff shall be reported together with the reasons for the conclusions and the facts upon which they are based.

(d) Tentative plan. A tentative treatment plan shall be recommended as part of the predispositional investigation report, addressing any specific conclusions arrived at under par. (b). The plan shall contain the offender’s response.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.25 Modified predispositional investigation report.

(1) Upon order of the court, department staff may prepare a predispositional investigation report that contains only the information that the court orders, notwithstanding s. DHS 98.24.

(2) Upon order of the court, department staff may present the report orally in open court or in the judge’s chambers. Defense counsel, district attorney, and client may be present.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.26 Sources of information for a predispositional report.

(1)

(a) All sources of information relied upon for an investigation and report shall be identified in writing in the predispositional investigation report unless otherwise ordered under s. DHS 98.25. All sources shall be informed of this requirement.

(b) No pledge of confidentiality may be given to any person by department staff in return for facts included in the report except in accordance with sub. (2).

(2) When a person who supplies information used in a predispositional investigation report may be in danger if identified, department staff shall request that the judge conceal the identity of that person under s. 972.15 (3), Stats.

(3) Arrest records that did not lead to conviction and were not confirmed by the client may not be used as a source of information in a predispositional investigation report, except that adjudications under s. 961.47, Stats., and ch. 54, 1975 Stats., information relating to misdemeanant expunction, and pending charges may be included.

(4) An attempt shall be made to interview the offender during the preparation of the report under s. DHS 98.24 or 98.25.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588.

DHS 98.27 Recordkeeping.

(1) A case record of each client shall be maintained by the department. That record shall include:

(a) Chronological log entries;

(b) Periodic case planning summaries prepared in accordance with the department of correction’s case classification policies;

(d) Supervisory contact summaries;

(e) Records of administrative decisions;

(f) Reports from community-based residential facilities, if any;

(g) A record of all written disclosures of information to social welfare agencies, law enforcement agencies or third parties, and of all information disclosed pursuant to a written request for specific information to social welfare agencies, law enforcement agencies or third parties;

(h) The client’s court order and any court imposed conditions and obligations;

(i) Copies of the client’s predispositional investigation report prepared under s. DHS 98.24 or 98.25.

(j) The rules and conditions of the client’s supervision and the reasons for them;

(k) Relevant information regarding institutional experience;

(L) Information relating to conditional release or transfer planning, decisions and conditions; and

(m) Other information as required by the court or the department.

(2) The agent shall maintain a chronological log of all case-related contacts.

(3) The agent shall prepare a case transfer summary as the last entry in the case record when the client’s supervision is transferred.

(4) The agent shall record all relevant information regarding administrative decisions including those relating to a client’s alternate care, absconding, revocation, transfer, discharge and extension. The record shall contain documentation of the reasons for each decision.

(5) The agent shall enter in the client’s record all reports received from alternate care facilities, educational institutions or contracting agencies which provide services to the client.

(6) Additional entries to the client’s record may be made at any other time if the agent or supervisor determines the entries are necessary or helpful in describing a client’s progress or adjustment under supervision.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

Subchapter V — Lie Detector Testing

DHS 98.28 Purpose, authority and applicability. This subchapter is promulgated under the authority of s. 51.375 (3), Stats., to establish a lie detector program for clients who are sex offenders. This subchapter applies to the department and to clients who are sex offenders.