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 98.16DHS 98.16 Revocation.

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 98.18DHS 98.18 Use of force.

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)(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: