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 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. 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 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.09DHS 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 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. 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)(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)(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)(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(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)(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 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. 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)(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 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.12(1)(1) If a client absconds, an agent shall request that the committing court issue a capias ordering the apprehension of the client. DHS 98.12(3)(3) An agent shall make reasonable attempts to locate a client who has absconded which may include a letter to the last known address. A certified letter may be used. DHS 98.12(4)(4) As soon as is feasible after a client is located, a field staff member or other department of corrections representative shall meet with the client to discuss the facts underlying the absconding, the possible consequences of it and any extenuating or mitigating circumstances, and shall evaluate the factors contributing to the absconding. DHS 98.12(5)(5) A client shall be continued on supervision if revocation proceedings are not initiated against the client following an absconding, subject to s. 304.072 (1), Stats. Any modification of the rules of supervision made subsequent to the client’s absconding shall be discussed with the client prior to their effective date and the client shall be given a copy of them. DHS 98.12(6)(6) Upon notification that a client who has absconded is in custody out of the state of Wisconsin, an agent shall request that the committing court issue a capias ordering the apprehension of the client and submit a petition for revocation of conditional release. DHS 98.12(7)(7) Relevant records relating to a client’s absconding shall be maintained in the client’s record. DHS 98.12 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92; CR 20-067: r. (2) Register December 2021 No. 792, eff. 1-1-22. DHS 98.13DHS 98.13 Fraternization. No agent or other department employee may have a nonprofessional relationship with a client, except as permitted by the secretary at the request of the employee. DHS 98.13 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.14(1)(a)(a) Any item which the client may not possess under the rules or conditions of the client’s supervision; or DHS 98.14(2)(2) Any field staff member who reasonably believes that an item is contraband may seize the item, whether or not the staff member believes a violation of the client’s rules or conditions of supervision has occurred. The client shall be issued a receipt for the item seized and the supervisor shall be notified in writing of the circumstances of the seizure. Property which is not contraband shall be returned to the owner, if feasible, and a receipt shall be obtained, or disposed of in accordance with this section and a report of the disposal kept. DHS 98.14(3)(3) The supervisor shall dispose of seized contraband after all proceedings in which the contraband may be required have been completed. Disposition shall be as follows: DHS 98.14(3)(a)(a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund. DHS 98.14(3)(b)(b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed. DHS 98.14(3)(c)(c) U.S. bonds and other securities shall be held in the department of corrections cashier’s office, and upon proof of ownership, the item shall be returned to the owner. DHS 98.14(3)(d)(d) Property shall be returned to the owner if the owner is known, or sent at the client’s expense to another, in accordance with the nature of the property, unless the owner transferred the property in an unauthorized manner. Otherwise, items of inherent value shall be sold through the department of corrections purchasing officer and money received shall be placed in the state’s general fund. Items of inconsequential value, that is, having a value of $5.00 or less, shall be destroyed. DHS 98.14(3)(e)(e) Intoxicating substances, such as alcohol, narcotics or dangerous drugs, shall be disposed of by the client’s agent after obtaining supervisory approval or given to a law enforcement agency for use as evidence or for disposal. DHS 98.14(3)(f)(f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20, Stats. DHS 98.14(3)(g)(g) Any item originally assigned as property of the state shall be returned to service. DHS 98.14(4)(4) If a client believes that property should be returned or sent out at his or her direction and a decision to dispose of it in a different manner has been made, the client may file a complaint under s. DHS 98.11. The property shall not be disposed of until the complaint is resolved. DHS 98.14 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.15DHS 98.15 Discharge. The department shall inform a client of the individualized objectives and conditions of the client’s supervision so that the client may be aware of the effort and achievement required of him or her, and to encourage discharge of the client at the earliest possible time consistent with the client’s progress in satisfying the objectives and conditions and the protection of the public.
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Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
administrativecode/DHS 98.10(4)(c)
administrativecode/DHS 98.10(4)(c)
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