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. DHS 98.15 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.16(1)(1) A client 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 98.16(2)(2) A client released on conditional transfer under s. 51.37 (9), Stats., may have his or her conditional transfer revoked only: DHS 98.16(2)(a)(a) On recommendation of the supervising agent who determines that the client presents a risk of physical harm to self or others or has failed to comply with the conditions of conditional transfer; DHS 98.16(2)(b)(b) Following return of the client to the institution for evaluation and detention; and DHS 98.16(2)(c)(c) Following an administrative hearing conducted by the department’s office of administrative hearings to ascertain whether there is a preponderance of evidence to substantiate the necessity for rescinding the conditional transfer and ensuring that the action of the department is consistent with the client’s treatment needs and the protection of the community. DHS 98.16 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92; am. (1), Register, April, 1995, No. 472, eff. 5-1-95. DHS 98.17DHS 98.17 Definitions. In this subchapter: DHS 98.17(1)(1) “Bodily injury” means physical pain or injury, illness, or any impairment of physical condition. DHS 98.17(2)(2) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another. DHS 98.17(3)(3) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical and physical power or strength. DHS 98.17(4)(4) “Great bodily injury” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ. DHS 98.17(5)(5) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another. DHS 98.17(6)(6) “Reasonably believes” means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable even though it may be erroneous. DHS 98.17 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92. DHS 98.18(1)(1) Whenever feasible, field staff shall rely on law enforcement authorities to exercise force against clients when force is necessary. When that assistance is not practical, field staff may use force subject to this section. Only so much force may be used as is reasonably necessary to achieve the objective for which it is used. DHS 98.18(2)(2) Corporal punishment of clients is forbidden. This prohibition allows no exceptions and applies to public and private programs. DHS 98.18(3)(3) Non-deadly force may be used by field staff against clients only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes: DHS 98.18(3)(a)(a) To prevent death or bodily injury to oneself or another; DHS 98.18(3)(b)(b) To prevent unlawful damage to property that may result in death or bodily injury to oneself or another; DHS 98.18(3)(c)(c) To prevent a client from fleeing the control of a field staff member; DHS 98.18(4)(4) Non-deadly force may be used to apprehend a client or take a client into custody only in the following manner: DHS 98.18(4)(a)(a) Staff should exhaust all efforts to persuade clients to voluntarily be taken into the custody of field staff prior to using force; DHS 98.18(4)(b)(b) If the client refuses to voluntarily be taken into custody, staff may exercise minimal physical force necessary to apprehend the client. Minimal force should be exercised in the following way: DHS 98.18(4)(b)1.1. If possible, staff should not attempt to physically handle the client until sufficient staff are present to evidence a show of force; DHS 98.18(4)(b)2.2. The client should again be asked to voluntarily be taken into custody; DHS 98.18(4)(b)3.3. If the client refuses to voluntarily be taken into custody, the client may be firmly grasped by one or more staff; and DHS 98.18(4)(b)4.4. The client shall then be handcuffed behind his or her back or restrained by other appropriate methods; DHS 98.18(4)(c)(c) After use of force, the client and staff should be checked for injury and treated by a physician if necessary. If injury resulted, the regional chief shall be notified and a summary report shall be submitted to the regional chief and the administrator of the division of care and treatment facilities detailing the cause and extent of the injury and the treatment provided for it; and DHS 98.18(4)(d)(d) If force is used, a written report describing the incident including the names of all people who observed the exercise of force shall be submitted to the regional chief and the administrator of the division of care and treatment facilities, and shall be included in the client’s record. DHS 98.18(5)(5) Deadly force may not be used by field staff against clients except to prevent death or great bodily injury to oneself or another. DHS 98.18(6)(6) Deadly force may not be used by field staff if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it. DHS 98.18(7)(7) The use of excessive force is forbidden. “Excessive force”means force greater than what is reasonably necessary to achieve the objective for which it is used. DHS 98.18(8)(8) In an emergency, field staff may be used at an institution. In those circumstances, staff shall abide by the use of force rules under ch. DOC 306. DHS 98.18 HistoryHistory: Cr. Register, July, 1992, No. 439, eff. 8-1-92.
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Chs. DHS 30-100; Community Services
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