Chapter DHS 98

DHS 98.04(6) (6) Action in the event of noncompliance. If a client fails to comply with the written conditions or rules of his or her supervision, that failure may result in modification of conditions or rules of supervision or revocation.

DHS 98.04 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. am. (2) (p) eff. 10-1-94; am. (2) (p), (3) (j), renum. (3) (k) to (3) (L) and am., cr. (3) (k), Register, April, 1995, No. 472, eff. 5-1-95; am. (3) (L) and cr. (3) (m) and (n), Register, May, 1999, No. 521, eff. 6-1-99.

DHS 98.05 DHS 98.05 Prerelease planning. The prerelease plan shall be prepared by the client and institution staff or by the department and the county department under s. 51.42, Stats., as appropriate. After the client and institution or the department and county department under s. 51.42, Stats., have prepared a proposed plan, the agent shall investigate the plan, comment as to its appropriateness and suggest modifications if necessary. The results of the investigation shall be reported to the institution or department promptly, so the results may be included in the institution’s report to the committing court.

DHS 98.05 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.06 DHS 98.06 Notice to law enforcement of client release to supervision. Before releasing a client to field supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside, unless the municipal police department or the county sheriff’s office has submitted to the department a written statement waiving the right to be notified.

DHS 98.06 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.07 DHS 98.07 Funds, property and loans.

DHS 98.07(1) (1) In this section, “financial resources” means any special benefits the client is eligible for, e.g., benefits from the social security or veteran’s administration or railroad retirement fund, any income earned by the client, any money in a savings or checking account controlled by the client, any unearned income given to the client, e.g., from family or friends, and any income the client receives through inheritances, grants or income tax refund.

DHS 98.07(2) (2) An agent may assist in the management of the financial resources of a client. When an agent manages money under this section, the agent shall specify the reason the client’s money is being managed and the facts supporting that reason. The management of the client’s funds may be done only through a savings account in the client’s name administered in accordance with this section and only if one of the following applies:

DHS 98.07(2)(a) (a) The client requests it;

DHS 98.07(2)(b) (b) The agent believes that management is necessary to control the client’s funds and to teach mature money management so that the client may develop skills for a more successful reassimilation into the community upon discharge;

DHS 98.07(2)(c) (c) Reimbursement is necessary for the cost of purchased services provided to the client by the department; or

DHS 98.07(2)(d) (d) The agent believes that management is necessary to ensure compliance with the client’s existing financial obligations.

DHS 98.07(3) (3) An agent may require the client to provide financial information to assist in the management of the client’s financial resources, including but not limited to:

DHS 98.07(3)(a) (a) The amount and source of all the gross annual earned and unearned income of the client;

DHS 98.07(3)(b) (b) The names of the people in the client’s household dependent upon the income under par. (a);

DHS 98.07(3)(c) (c) The names and addresses of all third party payors to, or on behalf of, the client such as insurance companies or medical assistance programs, and relevant policyholders and account claim numbers;

DHS 98.07(3)(d) (d) The work-related expenses of the client;

DHS 98.07(3)(e) (e) Any outstanding court obligations or judgments against the client;

DHS 98.07(3)(f) (f) The social security number of the client, and any other claim numbers for special benefits for which the client may be eligible; and

DHS 98.07(3)(g) (g) Federal or state income tax returns.

DHS 98.07(4) (4) All financial resources of a client managed by an agent shall be deposited directly into the client’s account upon receipt.

DHS 98.07(5) (5) An agent shall maintain a personal receipt book, provided by the department of corrections, containing sequentially numbered receipt forms. If an agent receives money (cash, a check or money order) on behalf of a client from anyone, the agent shall immediately issue that person a receipt indicating the date the money was received, the name of the person, the name of the client and the amount of money received. No temporary receipts may be issued and all receipts voided shall be marked “VOID” and retained in proper sequence in the receipt book. Checks or money orders paid to the order of the agent may be accepted by the agent and shall be restrictedly endorsed to the order of the department of corrections. If the agent receives cash on behalf of a client, it shall be converted to a money order payable to the department of corrections within one working day of its receipt. Any employee of the division who is assigned a receipt book shall comply with this subsection.

DHS 98.07(6) (6) An agent shall transmit all collections received on behalf of clients to the department of correction’s cashier for deposit into the client’s account at the close of the work week within which it was collected. Any employee of the division who is assigned a receipt book shall comply with this subsection.

DHS 98.07(7) (7) An agent shall maintain a personal remittance sheet book and sequentially numbered remittance sheet forms. When an agent transmits collections received on behalf of clients to the department of corrections’ cashier, a remittance sheet stating the issued receipt numbers, the dates the money was received, the names of the clients who are to have the money credited to an account and the amount of money credited to each client’s account, shall accompany the collections. All voided receipts shall be recorded on the remittance sheet. The agent may not submit personal checks drawn on his or her account. Any employee of the division who is assigned a receipt book shall maintain remittance sheets and shall comply with this subsection.

DHS 98.07(8) (8) An agent’s supervisor shall audit the agent’s management of a client’s financial resources semiannually, at the termination or upon transfer of his or her employment as an agent or division employee, and when a receipt book is filled.

DHS 98.07(9) (9) An agent shall file a disbursement order with the department of corrections cashier drawn on the client’s savings account when payments towards the client’s bills are due or when the client, with the agent’s permission, wishes to withdraw money. A disbursement order shall state the name of the person or agency to receive the money, the amount of money to be disbursed and the purpose for the disbursement, and shall include an itemized account of how the money is to be spent if this is applicable. No money shall be disbursed unless the order is signed by the client and the agent. A disbursement order requesting a disbursement of $250.00 or more shall not be honored by the department of corrections cashier unless it contains the signature of the agent’s supervisor. A disbursement order may be filed with the department of corrections cashier authorizing the payment of a client’s bills, for instance, for rent, on a routine basis.

DHS 98.07(10) (10) An agent and the department of correction’s cashier shall maintain accurate and complete itemized records of all disbursements from or deposits to a client’s account. An agent shall record this information on a ledger sheet contained in the client’s record. The department of corrections cashier shall maintain the official department record.

DHS 98.07(11) (11) An agent may seek a wage assignment against a client if it is necessary to assure timely collection of restitution and court costs and to control the client’s earnings.

DHS 98.07(12) (12) All funds in a client’s savings account administered by the department of corrections cashier shall be disbursed to the client through the agent upon the client’s discharge.

DHS 98.07(13) (13) One year after a client absconds, any funds remaining in a client’s savings account administered by the department may be used to extend loans to other clients. Within 5 years after such a transfer, any person upon proof of ownership may have the funds repaid to them in accordance with the law.

DHS 98.07(14) (14) An agent may not receive or store any property for a client except as provided under s. DHS 98.14.

DHS 98.07 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.08 DHS 98.08 Intrastate transfer.

DHS 98.08(1) (1) Criteria. A client may request transfer to another geographical area of the state if transfer is consistent with the goals and objectives of supervision for the client, and:

DHS 98.08(1)(a) (a) The client’s family has moved to the area and the transfer is considered advisable to maintain or strengthen familial ties; or

DHS 98.08(1)(b) (b) The client has obtained verified residence, employment or schooling in the area.

DHS 98.08(2) (2) Recommendation. An agent may recommend a transfer and, if that agent obtains supervisory approval, shall prepare a transfer summary and recommendation which should be sent with the client file directly to the designated receiving office.

DHS 98.08(3) (3) Investigation. A transfer is authorized only after the receiving agent investigates the transfer request, obtains supervisory approval, and then acknowledges the transfer in writing. Any rejection of the transfer by the receiving agent is to have the receiving agent’s supervisor’s written approval of the reasons for the rejection and shall be provided to the agent in writing and communicated to the client. The agent shall notify the receiving agent as soon as possible of the client’s anticipated arrival in the designated area.

DHS 98.08(4) (4) Initial meeting. The client and new agent shall meet within 10 working days after the receiving agent has been notified of the client’s arrival to the new area to discuss the goals and objectives of the client’s supervision and confirm an understanding of the rules and conditions of the client’s supervision. Any modification of the rules of supervision shall be explained to the client prior to its effective date and the client shall be given a copy of it.

DHS 98.08(5) (5) Return. If the transfer plan is not implemented within 60 days of arrival for reasons other than the client’s misconduct, the client may be transferred back to the prior geographical area and agent.

DHS 98.08(6) (6) Records. Records relevant to a client’s transfer shall be maintained in the client’s record.

DHS 98.08 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.09 DHS 98.09 Cooperation with other jurisdictions. The department shall cooperate with other jurisdictions that have signed the uniform act for out-of-state probation and parole supervision to provide for the welfare and protection of clients and the public by means of the return from one state to another of clients who have absconded or escaped and any additional measures for the protection of clients and the public which 2 or more of the party states may undertake cooperatively in accordance with s. 304.13, Stats.

DHS 98.09 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.10 DHS 98.10 Client complaint process.

DHS 98.10(1) (1) Purpose. The department shall afford clients an opportunity for administrative review of certain types of decisions through the client complaint process.

DHS 98.10(2) (2) Objectives. The objectives of the client complaint process are:

DHS 98.10(2)(a) (a) To allow clients to raise questions in an orderly fashion regarding decisions affecting their supervision;

DHS 98.10(2)(b) (b) To encourage communication and cooperation between clients and staff; and

DHS 98.10(2)(c) (c) To resolve problems that arise under supervision in an orderly and uniform fashion.

DHS 98.10(3) (3) Scope. The client complaint process may be used by any client to obtain a review of a decision which affects the client personally.

DHS 98.10(4) (4) Exceptions. The client complaint process may be used to challenge any decision affecting a client except those concerning:

DHS 98.10(4)(a) (a) Revocation;

DHS 98.10(4)(b) (b) Custody and detention;

DHS 98.10(4)(c) (c) A violation of a criminal law or ordinance;

DHS 98.10(4)(d) (d) A denial of use or possession of firearms pursuant to the federal gun control act of 1968, 18 USC 921 to 928 and s. 941.29, Stats.;

DHS 98.10(4)(e) (e) Special conditions or terms of supervision imposed by a court; or

DHS 98.10(4)(f) (f) Discharge prior to the completion of the term of supervision.

DHS 98.10(5) (5) Filing a complaint.

DHS 98.10(5)(a) (a) A client may initiate a review of a decision by filing a complaint with the agent.

DHS 98.10(5)(b) (b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the client shall be documented in the client’s record.

DHS 98.10(5)(c) (c) If the complaint is not resolved as provided under par. (b), the client may file a written request for review directed to the agent’s supervisor.

DHS 98.10(5)(d) (d) A written request for review shall be filed with the supervisor within 5 working days of the decision giving rise to the complaint, except that a supervisor may for good cause accept a complaint after that time.

DHS 98.10(6) (6) Supervisor’s investigation and decision.

DHS 98.10(6)(a) (a) Upon receipt of a written request for review, the supervisor shall notify the agent of its receipt. The agent shall be given an opportunity to respond to the complaint in writing within 5 working days of notice to the agent.

DHS 98.10(6)(b) (b) The supervisor shall review the complaint and agent’s response and may interview the client and others to investigate the complaint within 10 working days of receipt of the complaint.

DHS 98.10(6)(c) (c) Within 5 working days after the supervisor’s investigation is completed, the supervisor shall issue a written decision, stating the reasons for it. Copies of the decision shall be sent to the client and the agent.

DHS 98.10(6)(d) (d) If no decision is issued, the client may appeal under sub. (7).

DHS 98.10(7) (7) Appeal of supervisor’s decision.

DHS 98.10(7)(a) (a) The client or agent may appeal the supervisor’s decision in writing within 5 working days to the regional chief, stating the reasons for the appeal and requesting further review.

DHS 98.10(7)(b) (b) The regional chief shall review the client’s complaint and the supervisor’s decision and may investigate the complaint and issue a written decision stating the reasons for it within 10 working days of receipt of the appeal. Copies of the decision shall be sent to the client, the client’s agent, and supervisor.

DHS 98.10(8) (8) Appeal of the regional chief’s decision.

DHS 98.10(8)(a) (a) If the client, agent or supervisor disagrees with the decision of the regional chief, he or she may within 5 working days of receipt of the decision, appeal in writing to the administrator of the department of corrections, division of probation and parole.

DHS 98.10(8)(b) (b) The administrator of the department of corrections, division of probation and parole, shall review all relevant written material, including the client’s complaint and the supervisor’s and regional chief’s decisions, and shall issue a written decision stating the reasons for it within 10 working days of receipt of the appeal. The client, agent, supervisor and regional chief shall be sent copies of the decision. If the administrator is unable to decide within 10 working days, he or she shall notify the parties of this and of the reason for it. In this case a decision shall be rendered within 10 working days of that notification. If the administrator fails to decide, the regional chief’s decision shall be final.

DHS 98.10(8)(c) (c) The administrator of the department of corrections, division of probation and parole’s decision regarding the complaint shall be final.

DHS 98.10(8)(d) (d) A copy of the final decision in a complaint will be forwarded to the administrator of the division of care and treatment facilities.

DHS 98.10(9) (9) Effect of appeal on disputed decision. During the period required under this section to investigate any complaint or review any decision, the affected parties shall comply with the decision under dispute.

DHS 98.10(10) (10) Expedited appeal. If resolution of a complaint under the periods of time provided for under this section would moot the complaint, the complaint process shall be expedited.

DHS 98.10(11) (11) Penalty. No penalty to a client may result from the mere filing of a complaint by the client.

DHS 98.10 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.11 DHS 98.11 Purchase of services.

DHS 98.11(1) (1) If a client requires assistance or materials that cannot feasibly be provided through any other available resource, the department may provide the assistance through individual or group service contracts with service agencies.

DHS 98.11(2) (2) The department shall follow established, specific policies and procedures consistent with the goals and objectives of this chapter and s. 46.036, Stats., for the provision of assistance to clients. These guidelines may set priorities for the types of assistance which may be provided by the department.

DHS 98.11(3) (3) 

DHS 98.11(3)(a) (a) A client may request and an agent may arrange for assistance to be provided to the client. Documentation of the provision of service shall be maintained in the client’s record and that documentation shall include the reasons why the assistance is needed and the agent’s attempts to provide the necessary assistance through other sources. The documentation shall be reviewed by the agent’s supervisor.

DHS 98.11(3)(b) (b) Appropriate staff may audit the provision of services to a client where a purchase of services contract has been entered into.

DHS 98.11(4) (4) Assistance to clients may be provided after receiving departmental approval pursuant to the procedures under sub. (2). Purchase of service funds may be used in service of clients by contracting with other service agencies. Approval of the contract is necessary before such services may be provided.

DHS 98.11 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.