Chapter DHS 98

DHS 98.19(7)(a) (a) The client’s full name, number, and the date the client was placed in restraints;

DHS 98.19(7)(b) (b) The name of the staff member who placed the client in restraints;

DHS 98.19(7)(c) (c) The reason for placing the client in restraints; and

DHS 98.19(7)(d) (d) A statement indicating when, and under what circumstances, the restraints were removed.

DHS 98.19(8) (8) Field staff shall have access to mechanical restraining devices which shall be periodically examined. Any excessively worn or defective restraining devices shall be removed from the supply. Only commercially manufactured restraining devices may be used.

DHS 98.19 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.20 DHS 98.20 Chemical agents and firearms.

DHS 98.20(1) (1) Chemical agents shall not be used by field staff against clients.

DHS 98.20(2) (2) Field staff shall not carry firearms or other weapons during their working hours.

DHS 98.20 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.21 DHS 98.21 Search and seizure.

DHS 98.21(1) (1) General policy. A search of a client or the client’s living quarters or property may be made at any time, but only in accordance with this section.

DHS 98.21(2) (2) Personal search.

DHS 98.21(2)(a) (a) In this subsection, “personal search” means a search of a client’s person, including but not limited to the client’s pockets, frisking the client’s body, an examination of the client’s shoes and hat, and a visual inspection of the client’s mouth.

DHS 98.21(2)(b) (b) A personal search of a client may be conducted by any field staff member under one or more of the following circumstances:

DHS 98.21(2)(b)1. 1. If the staff member has reasonable grounds to believe that the client possesses contraband;

DHS 98.21(2)(b)2. 2. At the direction of a supervisor;

DHS 98.21(2)(b)3. 3. Before a client enters and after a client leaves the security enclosure of a correctional institution, jail or detention facility; or

DHS 98.21(2)(b)4. 4. When a client is taken into custody.

DHS 98.21(2)(c) (c) A written report of every personal search shall be prepared by the staff member who conducted the search and shall be filed in the client’s case record.

DHS 98.21(3) (3) Search of living quarters or property.

DHS 98.21(3)(a) (a) A search of a client’s living quarters or property may be conducted by field staff if there are reasonable grounds to believe that the quarters or property contain contraband. Approval of the supervisor shall be obtained unless exigent circumstances, such as suspicion the client will destroy contraband or use a weapon, require search without approval.

DHS 98.21(3)(b) (b) There shall be a written record of all searches of a client’s living quarters or property. This record shall be prepared by the staff member who conducted the search and shall be filed with the agent’s supervisor. If the search was conducted without the supervisor’s approval because of exigent circumstances, a report stating what the exigent circumstances were shall be made part of the record and shall be filed with the supervisor within 48 hours of the search. The report shall state:

DHS 98.21(3)(b)1. 1. The identity of the client whose living quarters or property was searched;

DHS 98.21(3)(b)2. 2. The identity of the staff member who conducted the search and the supervisor, if any, who approved it;

DHS 98.21(3)(b)3. 3. The date, time, and place of the search;

DHS 98.21(3)(b)4. 4. The reason for conducting the search. If the search was a random one, the report shall state this;

DHS 98.21(3)(b)5. 5. Any items seized pursuant to the search; and

DHS 98.21(3)(b)6. 6. Whether any damage was done to the premises or property during the search.

DHS 98.21(3)(c) (c) If any items are damaged pursuant to the search of a client’s living quarters or property, the agent shall document the damage in the case record, inform his or her supervisor and inform the client.

DHS 98.21(3)(d) (d) In conducting searches, field staff may not disturb the effects of the client more than is necessary for thoroughness.

DHS 98.21(3)(e) (e) During searches, staff may not read any legal materials, any communication between the client and an attorney or any materials prepared in anticipation of a lawsuit. Staff are not prohibited from reading business records.

DHS 98.21(3)(f) (f) The agent may not forcibly enter a locked premises to conduct a search if the premises are the living quarters or property of a client and the client is not present.

DHS 98.21(4) (4) Respect for the client. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.

DHS 98.21(5) (5) Informing the client. Whenever feasible before a search is conducted under this section, the client shall be informed that a search is about to occur, why and how the search will be conducted and the place where the search is to occur.

DHS 98.21(6) (6) Contraband. In deciding whether there are reasonable grounds to believe that a client possesses contraband as defined in s. DHS 98.16 (1), or that a client’s living quarters or property contain contraband, a staff member shall consider:

DHS 98.21(6)(a) (a) The observations of staff members;

DHS 98.21(6)(b) (b) Information provided by informants;

DHS 98.21(6)(c) (c) The reliability of the information relied on. In evaluating reliability, attention shall be given to whether the information is detailed and consistent and whether it is corroborated;

DHS 98.21(6)(d) (d) The reliability of the informant. In evaluating reliability, attention shall be given to whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information;

DHS 98.21(6)(e) (e) The activity of the client that relates to whether the client might possess contraband;

DHS 98.21(6)(f) (f) Information provided by the client that is relevant to whether the client possesses contraband;

DHS 98.21(6)(g) (g) The experience of a staff member with that client or in a similar circumstance;

DHS 98.21(6)(h) (h) Prior seizures of contraband from the client; and

DHS 98.21(6)(i) (i) The need to verify compliance with rules of supervision and state and federal law.

DHS 98.21 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.22 DHS 98.22 Custody and detention.

DHS 98.22(1) (1) Whenever feasible, staff shall rely on law enforcement authorities to take a client into custody. When that assistance is not practical, field staff shall take clients into custody in accordance with this section.

DHS 98.22(2) (2) A client shall be taken into custody and detained if the client is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this requirement.

DHS 98.22(3) (3) A client may be taken into custody and detained:

DHS 98.22(3)(a) (a) For investigation of an alleged violation by the client;

DHS 98.22(3)(b) (b) After an alleged violation by the client to determine whether to commence revocation procedures;

DHS 98.22(3)(c) (c) To prevent a possible violation by the client; or

DHS 98.22(3)(d) (d) For disciplinary purposes.

DHS 98.22 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.23 DHS 98.23 Transporting clients in custody.

DHS 98.23(1) (1) A field staff member may transport a client to jail or other detention facility, to an institution or to court.

DHS 98.23(2) (2) A client may be handcuffed or otherwise appropriately restrained when being transported by field staff.

DHS 98.23 Note Note: When a client is being taken into custody, it is usually desirable to restrain the client.

DHS 98.23(3) (3) Two field staff members shall transport a client whenever feasible, and the client shall be informed of the reasons why he or she is being transported prior to such transport.

DHS 98.23(4) (4) Relevant records relating to transport of a client shall be maintained in the client’s record.

DHS 98.23 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

subch. IV of ch. DHS 98 Subchapter IV — Records and Reports

DHS 98.24 DHS 98.24 Predispositional investigation report.

DHS 98.24(1) (1) Purpose. The primary purpose of the predispositional investigation report is to provide the court with accurate and relevant information upon which to base its dispositional decision. The report is also important in the planning process. It is used for such things as determining levels of supervision, classification, program assignment, release planning and in the overall treatment of offenders.

DHS 98.24(2) (2) Court order. Upon order of the court, the department shall prepare a predispositional investigation report. It shall contain the information provided for under this section unless the court orders otherwise.

DHS 98.24(3) (3) Content.

DHS 98.24(3)(a) (a) Information. A predispositional report should contain the following information relating to the client:

DHS 98.24(3)(a)1. 1. Present offense;

DHS 98.24(3)(a)2. 2. Prior criminal record;

DHS 98.24(3)(a)3. 3. Prior correctional institution record;

DHS 98.24(3)(a)4. 4. Victim’s statement;

DHS 98.24(3)(a)5. 5. Family information; and

DHS 98.24(3)(a)6. 6. Personal history.

DHS 98.24(3)(b) (b) Summary and conclusions. A predispositional investigation report shall contain information about the offender’s present situation. Pending charges may be included in this information. If department staff conclude the offender has immediate problems that require attention, this shall be stated together with the facts and reasons for that conclusion.

DHS 98.24(3)(c) (c) Recommendation. Unless the court otherwise directs, the recommendation or recommendations by department staff for disposition shall be included in the predispositional report. The conclusions of the department staff shall be reported together with the reasons for the conclusions and the facts upon which they are based.

DHS 98.24(3)(d) (d) Tentative plan. A tentative treatment plan shall be recommended as part of the predispositional investigation report, addressing any specific conclusions arrived at under par. (b). The plan shall contain the offender’s response.

DHS 98.24 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.25 DHS 98.25 Modified predispositional investigation report.

DHS 98.25(1) (1) Upon order of the court, department staff may prepare a predispositional investigation report that contains only the information that the court orders, notwithstanding s. DHS 98.24.

DHS 98.25(2) (2) Upon order of the court, department staff may present the report orally in open court or in the judge’s chambers. Defense counsel, district attorney, and client may be present.

DHS 98.25 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.26 DHS 98.26 Sources of information for a predispositional report.

DHS 98.26(1) (1) 

DHS 98.26(1)(a) (a) All sources of information relied upon for an investigation and report shall be identified in writing in the predispositional investigation report unless otherwise ordered under s. DHS 98.25. All sources shall be informed of this requirement.

DHS 98.26(1)(b) (b) No pledge of confidentiality may be given to any person by department staff in return for facts included in the report except in accordance with sub. (2).

DHS 98.26(2) (2) When a person who supplies information used in a predispositional investigation report may be in danger if identified, department staff shall request that the judge conceal the identity of that person under s. 972.15 (3), Stats.

DHS 98.26(3) (3) Arrest records that did not lead to conviction and were not confirmed by the client may not be used as a source of information in a predispositional investigation report, except that adjudications under s. 961.47, Stats., and ch. 54, 1975 Stats., information relating to misdemeanant expunction, and pending charges may be included.

DHS 98.26(4) (4) An attempt shall be made to interview the offender during the preparation of the report under s. DHS 98.24 or 98.25.