Wis. Admin. Code DHS § DHS 98.03

Current through December 30, 2024

Section DHS 98.03 - Definitions

In this chapter:

(1) "Absconding" means the failure of a client to make himself or herself available as directed by the agent.

(2) "Administrator" means the administrator of the department's division of care and treatment facilities or designee.

(3) "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.

(4) "Client" means a person who is committed to the custody of the department for treatment purposes and is under the department's field supervision.

(5) "Collateral" means a family member, friend, employer, teacher or any person who has contact with or information about a client.

(6) "Commitment term" or "term" means that period of time during which the client is under commitment to the department.

(7) "Conditionally transferred or released" means released from an institution to field supervision, in accordance with s. 51.37(9), Stats.

(8) "Conditions" means specific regulations imposed on the client by the court or the department.

(9) "Contacts" means communications between an agent and a client or collateral.

(10) "Department" means the Wisconsin department of health services.

(11) "Department of corrections cashier" means the cashier whose services are provided to the department under contract for the purposes set out in s. DHS 98.07.

(12) "Discharge" means the successful completion of the term of supervision by a client.

(13) "Division" means the department's division of care and treatment facilities or an organization under contract to the department to carry out responsibilities of the division under this chapter.

(14) "Field staff" or "staff" means the professional and paraprofessional workers of the department or under contract to the department assigned the responsibility for the control and supervision of clients and provision of program services to clients.

(15) "Field supervision" or "supervision" means the control and supervision of clients exercised by field staff.

(16) "Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions, including lysergic acid diethylamide, cocaine, marijuana, alcohol or any controlled substance as defined in ch. 961, Stats.

(16m) ``Lie detector" means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or other similar device, whether mechanical or electrical, that is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(16r) ``Lie detector examination process" means the entire process of lie detector testing, including completion of any preliminary questionnaires, pretest questions, baseline questions and the actual lie detector testing, and post-testing interrogation.

(17) "Physical custody" means actual custody of the person in the absence of a court order granting custody to the physical custodian.

(17m) ``Polygraph" means an instrument that fulfills all of the following requirements:

(a) Records continuously, visually, permanently and simultaneously any changes in cardiovascular, respiratory and electrodermal patterns as minimum instrumentation standards.

(b) Is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(18) "Referral" means the introduction of a client to an agency or service to obtain necessary or desired assistance.

(19) "Regional chief" means that employee of the department or person under contract to the department responsible for the administration of the program of field supervision under this chapter in a particular area of the state, or designee.

(20) "Reporting" means the required contact between the agent and client determined by the rules or conditions of supervision.

(21) "Revocation" means the removal of a client from supervision in accordance with s. 971.17(3) (e) or 980.08(6m), Stats.

(22) "Rules" means those written departmental regulations applicable to a specific client under supervision.

(23) "Secretary" means the secretary of the department.

(24) ``Sex offender" means a person committed to the department who meets any of the criteria specified in s. 301.45(1g), Stats.

(25) "Sexually violent person" has the meaning prescribed in s. 980.01(7), Stats.

(26) "Supervised release" means the status of a person found by a court or a jury under s. 980.05(5), Stats., to be a sexually violent person and ordered by the court under s. 980.06, Stats., to be committed to the department for control, care and treatment but with the control, care and treatment provided in the community rather than in a secure mental health unit or facility.

(27) "Supervisor" means an employee of the department or a person under contract to the department responsible for the supervision of agents.

(28) "Transfer" means the change of a client assignment to a new agent in accordance with this chapter.

(29) "Waiver" means the written relinquishment of known rights by a client.

(30) "Working day" means any day, Monday through Friday, except a legal holiday.

Wis. Admin. Code Department of Health Services DHS 98.03

Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. am. (21) eff. 10-1-94; emerg. cr. (23g); (23m) eff. 10-1-94; am. (21), cr. (23g), (23m), Register, April, 1995, No. 472, eff. 5-1-95; cr. (16m), (16r), (17m) and (24) and renum. (23g) to (27) to be (25) to (30), Register, May, 1999, No. 521, eff. 6-1-99; corrections in (16), (21) and (24) made under s. 13.93(2m) (b) 7, Stats., Register December 2004 No. 588; correction in (10) made under s. 13.92(4) (b) 6, Stats., Register November 2008 No. 635.