Register July 2015 No. 715
Chapter DHS 98
FIELD SUPERVISION OF CLIENTS
Subchapter I — General
Authority and purpose.
Subchapter II — Client under Supervision
Notice to law enforcement of client release to supervision.
Funds, property and loans.
Cooperation with other jurisdictions.
Client complaint process.
Purchase of services.
Subchapter III — Use of Force and Related Matters
Chemical agents and firearms.
Search and seizure.
Custody and detention.
Transporting clients in custody.
Subchapter IV — Records and Reports
Predispositional investigation report.
Modified predispositional investigation report.
Sources of information for a predispositional report.
Subchapter V — Lie Detector Testing
Purpose, authority and applicability.
Lie detector requirement.
Purpose of lie detector program.
Operation of lie detector program.
Lie detector fee.
Ch. DHS 98 Note
Chapter HSS 98 was created as an emergency rule effective December 15, 1991.
Chapter HSS 98 was renumbered chapter HFS 98 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1999, No. 521
. Chapter HFS 98 was renumbered chapter DHS 98 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
DHS 98.01 Authority and purpose.
This chapter is promulgated under the authority of ss. 51.37 (9)
, 51.375 (3)
, 971.17 (3) (e)
, and 980.08 (6m)
, Stats., to provide rules for supervision in communities of persons who are committed to the department and placed under its control after being found not guilty by reason of mental illness or defect of having committed a crime or after being found to be sexually violent persons or who are otherwise sex offenders. Supervision is intended to provide for the public's safety, promote social reintegration, reduce repetition of crime and carry out the statutory directives under s. 46.03 (1)
, Stats. The following goals and objectives are relevant for fulfillment of these purposes:
To supervise and control offenders to the extent necessary to protect the public, staff and clients;
To provide clients with opportunities for obtaining education, training, work experience, coping skills and other programs and services to enable them to live constructive lives;
To provide access to community-based programs for persons on supervision for whom those programs are desirable and necessary;
To establish necessary guidelines, procedures, and controls to maintain program, staff and fiscal accountability and to promote program efficiency and effectiveness;
To cooperate with other public and private agencies in activities directed at preventing crime and mental illness and providing alternatives to institutionalization; and
To protect the health and rights of all persons involved in the department's programs and activities.
DHS 98.01 History
Cr. Register, July, 1992, No. 439
, eff. 8-1-92; emerg. am. (intro.) eff. 10-1-94; am. (intro.), Register, April, 1995, No. 472
, eff. 5-1-95; am. (1) (intro.), Register, May, 1999, No. 521
, eff. 6-1-99; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588
DHS 98.02 Applicability.
This chapter applies to the department and to all persons under its custody and supervision who were committed to the department after being found:
Not guilty by reason of mental disease or mental defect of a crime and for whom the commitment order specifies conditional release or who were conditionally transferred or discharged by the department to field supervision; or
To be sexually violent and for whom the commitment order specifies supervised release or who were found by the court to be appropriate for supervised release.
DHS 98.02 History
Cr. Register, July, 1992, No. 439
, eff. 8-1-92; emerg. r. and recr. eff. 10-1-94; r. and recr. Register, April, 1995, No. 472
, eff. 5-1-95.
DHS 98.03 Definitions.
In this chapter:
“Absconding" means the failure of a client to make himself or herself available as directed by the agent.
“Administrator" means the administrator of the department's division of care and treatment facilities or designee.
“Agent" means the employee of the division or a person under contract to the division who may be assigned the responsibilities of an agent under this chapter.