Chapter DHS 98

DHS 98.04(3)(a) (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;

DHS 98.04(3)(b) (b) Report all arrests and police contacts to an agent within 72 hours;

DHS 98.04(3)(c) (c) Make every effort to accept the opportunities and counseling offered by supervision;

DHS 98.04(3)(d) (d) Inform the agent of his or her whereabouts and activities as directed;

DHS 98.04(3)(e) (e) Submit a written monthly report to the agent and any other relevant information as may be required;

DHS 98.04(3)(f) (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;

DHS 98.04(3)(g) (g) Obtain advance permission from an agent to purchase, trade, sell or operate a motor vehicle;

DHS 98.04(3)(h) (h) Secure advance approval from an agent to borrow money or purchase on credit;

DHS 98.04(3)(i) (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;

DHS 98.04(3)(j) (j) Make himself or herself available for searches or tests ordered by the agent including but not limited to urinalysis, breathalizer, and the taking of blood samples or search of residence or any other property under his or her control;

DHS 98.04(3)(k) (k) May not live, work, travel or be trained or educated in another state, because persons committed to the department under s. 971.17 or 980.06, Stats., are not covered by the interstate compact under s. 304.13, Stats., or by s. 304.135, Stats.; and

DHS 98.04(3)(L) (L) If committed under s. 971.17 or 980.06, Stats., may have his or her conditional or supervised release revoked only by the releasing court.

DHS 98.04(3)(m) (m) Submit to the lie detector examination process under s. DHS 98.31 as directed by the department.

DHS 98.04(3)(n) (n) Pay fees for the lie detector examination process under ss. DHS 98.31 (5) and 98.32 and comply with any required department procedures regarding payment of fees.

DHS 98.04(4) (4) Levels of supervision. Monitoring of a client by an agent shall be done through one of 3 levels of supervision, as follows, unless modified by the administrator of the department of corrections, division of probation and parole:

DHS 98.04(4)(a) (a) Maximum level of supervision. Maximum supervision shall require a minimum of one face to face contact with the client by an agent every 14 days. A home visit shall be made at least once every 30 days unless this requirement is waived by a supervisor in writing, and collateral contacts shall be made by the agent as deemed appropriate. The client shall submit a monthly report to the agent personally which includes verification of the client’s residence and employment.

DHS 98.04(4)(b) (b) Medium level of supervision. Medium supervision shall require a minimum of at least one face to face contact with the client by an agent every 30 days. A home visit shall be made at least once every 60 days unless this requirement is waived by a supervisor, and collateral contacts by the agent shall be made as deemed appropriate. The client shall submit a monthly report to the agent personally which includes verification of the client’s residence and employment as required.

DHS 98.04(4)(c) (c) Minimum level of supervision. Minimum supervision shall require a minimum of one face to face contact with the client by an agent every 90 days. Home visits by the agent shall be made as deemed appropriate. The client shall submit a periodic report, and shall verify his or her residence and employment once every month. The monthly report may be mailed rather than submitted in person if a supervisor approves.

DHS 98.04(5) (5) Reassessment. Any time after the client’s most recent reassessment, the agent shall determine whether the client shall be placed in a different level of supervision consistent with the needs and risks of the client. The determination shall be based only upon the agent’s assessment of the appropriate supervision necessary to provide for the proper care and control of the client and the protection of the public subject to the written approval of a supervisor.

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.