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(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 98.15DHS 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 98.16(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)(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 98.17(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.