DOC 328.21(4)(a)(a) In this subsection, ``body contents search" means a search in which the client is required to provide a sample of urine, breath, saliva, blood, hair or stool for testing for the presence of an intoxicating substance. Only licensed or certified medical staff shall take a blood or stool sample. When the agent or supervisor requires the collection of a urine specimen to be observed, a field staff member of the same sex as the client shall observe and collect the urine specimen. Any trained field staff member may conduct breathalyzer tests or collect hair samples.
DOC 328.21(4)(b)
(b) Any field staff member may order a body contents search under any of the following conditions:
DOC 328.21(4)(b)2.
2. Upon the staff member's reasonable grounds to believe the client has used, is in possession of or is under the influence of a non-prescribed controlled substance.
DOC 328.21(4)(b)3.
3. Upon finding a non-prescribed controlled substance in the possession of the client or in an area controlled, occupied or inhabited by the client.
DOC 328.21(4)(b)4.
4. Upon the staff member's reasonable grounds to believe the client has violated a rule or condition of his or her supervision.
DOC 328.21(4)(b)5.
5. As part of a field staff member's random testing program. The field staff may not select a client for random testing for the purpose of harassing or intimidating the client.
DOC 328.21(4)(b)6.
6. When a client is held in a county jail regardless of work release privileges.
DOC 328.21(4)(c)
(c) The field staff member who conducted the search shall maintain a report of every body contents search and file a copy of the report in the client's case record.
DOC 328.21(4)(d)
(d) The client whose body contents are tested under this section shall pay a fee under the fee schedule developed by the department to partially offset the cost of the testing program. The agent shall provide the client with a copy of the fee schedule.
DOC 328.21(5)
(5) Respect for the client. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.
DOC 328.21(6)
(6) Informing the client. Whenever possible before a search is conducted, the field staff shall inform the client of all of the following:
DOC 328.21(7)
(7) Reasonable grounds. In deciding whether there are reasonable grounds to believe that an offender has used, possesses or is under the influence of an intoxicating substance, that an offender possesses contraband, that an offender's living quarters or property contain contraband or that an offender in violation of supervision is located at the offender's residence, a staff member shall consider any of the following:
DOC 328.21(7)(c)
(c) The reliability of the information provided by an informant. In evaluating the reliability of the information, the field staff shall give attention to the detail, consistency and corroboration of the information provided by the informant.
DOC 328.21(7)(d)
(d) The reliability of the informant. In evaluating the informant's 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.
DOC 328.21(7)(e)
(e) The activity of the client that relates to whether the client might possess contraband or might have used or be under the influence of an intoxicating substance.
DOC 328.21(7)(f)
(f) Information provided by the client that is relevant to whether the client has used, possesses or is under the influence of an intoxicating substance or possesses any other contraband.
DOC 328.21(7)(g)
(g) The experience of a staff member with that client or in a similar circumstance.
DOC 328.21(7)(i)
(i) The need to verify compliance with rules of supervision and state and federal law.
DOC 328.21 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82; r. and recr.
Register, April, 1986, No. 364, eff. 5-1-86; am. (1), renum. (4) to (6) to be (5) to (7) and am. (6) and (7), cr. (4),
Register, May, 1995, No. 473, eff. 6-1-95; emerg. am. (3) (a) and (7) (intro.), eff. 12-3-98; am. (3) (a) and (7) (intro.),
Register, June, 1999, No. 522, eff. 7-1-99.
DOC 328.22
DOC 328.22
Custody and detention. Whenever feasible, staff shall rely on law enforcement authorities to take a client into custody. When such assistance is not practical, field staff shall take clients into custody in accordance with this section.
DOC 328.22(1)
(1) 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 subsection.
DOC 328.22(2)
(2) A client may be taken into custody and detained:
DOC 328.22(2)(b)
(b) After an alleged violation by the client to determine whether to commence revocation proceedings;
DOC 328.22(3)
(3) An agent may authorize the detention of a client under
sub. (1) or
(2) (a) (b) and
(d) for a maximum of 5 working days. A supervisor may approve of subsequent detention for a maximum of 5 working days and the regional chief may approve of detention for an additional 5 working days. Detention beyond the foregoing time limits shall be authorized by the administrator. A client detained under
sub. (2) (c) may only be detained with supervisory approval for a maximum of 5 working days for disciplinary purposes. This subsection does not apply to detentions pending final revocation which are authorized by an agent's immediate supervisor under
s. DOC 331.04 (5) when a preliminary hearing is not held pursuant to
s. DOC 331.04 (2).
DOC 328.22(5)
(5) The department may detain a client on parole from a state correctional institution or on felony probation in an institution pending revocation proceedings.
DOC 328.22 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82; r. (4) and (5),
Register, August, 1985, No. 356, eff. 9-1-85; emerg. am. (1), eff. 10-18-85; am. (1) and (3), cr. (4),
Register, April, 1986, No. 364, eff. 5-1-86; renum. (6) to be (5) under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1986, No. 364; am. (5),
Register, October, 1998, No. 514, eff. 11-1-98.
DOC 328.23
DOC 328.23
Transporting clients in custody. DOC 328.23(1)
(1) A field staff member may transport a client to jail, institution, court, or other detention facility.
DOC 328.23(2)
(2) A client may be handcuffed or otherwise appropriately restrained when being transported by field staff. When a client is being taken into custody, it is usually desirable to restrain the client.
DOC 328.23(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.
DOC 328.23(4)
(4) If a client is to be transported to Wisconsin from another state, an agent and the agent's supervisor shall determine:
DOC 328.23(4)(b)
(b) Whether an on-site hearing should be held prior to transport;
DOC 328.23(5)
(5) Relevant records relating to transport of a client shall be maintained in the client's record.
DOC 328.23 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82.
DOC 328.27
DOC 328.27
Presentence investigation report. DOC 328.27(1)(1)
Purpose. The primary purpose of the presentence investigation report is to provide the sentencing court with accurate and relevant information upon which to base its sentencing decision. The report is also important in the correctional process. It is used for such things as determining levels of supervision, classification, program assignment, parole planning and decision making and in the overall correctional treatment of offenders.
DOC 328.27(2)
(2) Court order. Upon order of the court, an agent shall prepare a presentence investigation report. It shall contain the information provided for under this section unless the court orders otherwise.
DOC 328.27(3)(a)(a) Information. A presentence report should contain the following information relating to the client:
DOC 328.27(3)(b)
(b) Summary and conclusions. A presentence report shall contain information about the offender's present situation. If the agent concludes the offender has immediate problems that require attention this shall be stated together with the facts and reasons for the conclusion. Pending charges may be included in this subsection.
DOC 328.27(3)(c)
(c) Agent's recommendation. Unless the court otherwise directs, the agent's recommendation for sentencing shall be included in the presentence report. The conclusions of the agent shall be reported together with the reasons for the conclusions and the facts upon which they are based.
DOC 328.27(3)(d)
(d) Tentative plan. Unless waived by the supervisor, a tentative treatment plan addressing the specific conclusions arrived at under
par. (b). The plan shall contain the offender's response, unless the supervisor waives this requirement. The treatment plan shall include any recommendations about restitution.
DOC 328.27 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82.
DOC 328.28
DOC 328.28
Modified presentence investigation report. DOC 328.28(1)(1) Upon order of the court, field staff may prepare a presentence investigation report that contains only the information that the court orders, notwithstanding
s. DOC 328.27.
DOC 328.28(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.
DOC 328.28 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82.
DOC 328.29
DOC 328.29
Sources of information for presentence investigation report. DOC 328.29(1)(a)
(a) All sources of information relied upon for an investigation and report shall be identified in writing in the presentence report unless otherwise ordered under
s. DOC 328.28. All sources shall be informed of this requirement.
DOC 328.29(1)(b)
(b) No pledge of confidentiality may be given to any person by the agent in return for facts included in the report except in accordance with
sub. (2).
DOC 328.29(2)
(2) When a person who supplies information used in a presentence report may be in danger if identified, the agent should request that the judge conceal the identity of that person under s.
972.15 (3), Stats.
DOC 328.29(3)
(3) Arrest records that did not lead to conviction and not confirmed by the client may not be used as a source of information in a presentence investigation and report, except that adjudications under s.
961.47, Stats., and ch.
54, 1975 Stats., misdemeanant expunction, and pending charges may be included.
DOC 328.29 History
History:
Cr.
Register, December, 1981, No. 312, eff. 1-1-82; r. (3), renum. (4) and (5) to be (3) and (4),
Register, April, 1986, No. 364, eff. 5-1-86; correction in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1999, No. 522.
DOC 328.30(1)(1) A case record of each client shall be maintained by the department. That record shall include:
DOC 328.30(1)(c)
(c) Periodic case planning summaries prepared in accordance with the department's case classification policies;
DOC 328.30(1)(g)
(g) Reports from community-based residential facilities, if any;
DOC 328.30(1)(h)
(h) A record of all written disclosures of information to social welfare agencies, law enforcement agencies or third parties, and of all information disclosed pursuant to a written request for specific information to social welfare agencies, law enforcement agencies or third parties;
