Chapter DHS 98

Register November 2008 No. 635

Chapter DHS 98

FIELD SUPERVISION OF CLIENTS

Subchapter I — General

DHS 98.01   Authority and purpose.

DHS 98.02   Applicability.

DHS 98.03   Definitions.

Subchapter II — Client under Supervision

DHS 98.04   Field supervision.

DHS 98.05   Prerelease planning.

DHS 98.06   Notice to law enforcement of client release to supervision.

DHS 98.07   Funds, property and loans.

DHS 98.08   Intrastate transfer.

DHS 98.09   Cooperation with other jurisdictions.

DHS 98.10   Client complaint process.

DHS 98.11   Purchase of services.

DHS 98.12   Absconding.

DHS 98.13   Fraternization.

DHS 98.14   Contraband.

DHS 98.15   Discharge.

DHS 98.16   Revocation.

Subchapter III — Use of Force and Related Matters

DHS 98.17   Definitions.

DHS 98.18   Use of force.

DHS 98.19   Mechanical restraints.

DHS 98.20   Chemical agents and firearms.

DHS 98.21   Search and seizure.

DHS 98.22   Custody and detention.

DHS 98.23   Transporting clients in custody.

Subchapter IV — Records and Reports

DHS 98.24   Predispositional investigation report.

DHS 98.25   Modified predispositional investigation report.

DHS 98.26   Sources of information for a predispositional report.

DHS 98.27   Recordkeeping.

Subchapter V — Lie Detector Testing

DHS 98.28   Purpose, authority and applicability.

DHS 98.29   Lie detector requirement.

DHS 98.30   Purpose of lie detector program.

DHS 98.31   Operation of lie detector program.

DHS 98.32   Lie detector fee.

Ch. DHS 98 Note 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.

subch. I of ch. DHS 98 Subchapter I — General

DHS 98.01 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:

DHS 98.01(1) (1) To supervise and control offenders to the extent necessary to protect the public, staff and clients;

DHS 98.01(2) (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;

DHS 98.01(3) (3) To provide access to community-based programs for persons on supervision for whom those programs are desirable and necessary;

DHS 98.01(4) (4) To establish necessary guidelines, procedures, and controls to maintain program, staff and fiscal accountability and to promote program efficiency and effectiveness;

DHS 98.01(5) (5) To cooperate with other public and private agencies in activities directed at preventing crime and mental illness and providing alternatives to institutionalization; and

DHS 98.01(6) (6) To protect the health and rights of all persons involved in the department’s programs and activities.

DHS 98.01 History 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 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:

DHS 98.02(1) (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

DHS 98.02(2) (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.

DHS 98.02 History 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 DHS 98.03 Definitions. In this chapter:

DHS 98.03(1) (1) “Absconding” means the failure of a client to make himself or herself available as directed by the agent.

DHS 98.03(2) (2) “Administrator” means the administrator of the department’s division of care and treatment facilities or designee.

DHS 98.03(3) (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.

DHS 98.03(4) (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.

DHS 98.03(5) (5) “Collateral” means a family member, friend, employer, teacher or any person who has contact with or information about a client.

DHS 98.03(6) (6) “Commitment term” or “term” means that period of time during which the client is under commitment to the department.

DHS 98.03(7) (7) “Conditionally transferred or released” means released from an institution to field supervision, in accordance with s. 51.37 (9), Stats.

DHS 98.03(8) (8) “Conditions” means specific regulations imposed on the client by the court or the department.

DHS 98.03(9) (9) “Contacts” means communications between an agent and a client or collateral.

DHS 98.03(10) (10) “Department” means the Wisconsin department of health services.

DHS 98.03(11) (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.

DHS 98.03(12) (12) “Discharge” means the successful completion of the term of supervision by a client.

DHS 98.03(13) (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.

DHS 98.03(14) (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.

DHS 98.03(15) (15) “Field supervision” or “supervision” means the control and supervision of clients exercised by field staff.

DHS 98.03(16) (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.