Section DHS 98.04 - Field supervision(1) GENERAL. Supervision is a mechanism of control and an attempt to guide clients into socially appropriate ways of living. Field staff are to provide individualized supervision of clients in a manner consistent with the goals and objectives of this chapter. Specifically, field staff are to attempt to help clients be successfully reassimilated into the community, help clients adjust to and cope with community living, reduce crime, and protect the public.(2) AGENT RESPONSIBILITIES. An agent shall abide by this chapter. An agent's responsibilities upon receiving a client for control and supervision shall include:(a) Obtaining information necessary for appropriate supervision and control of the client;(b) Evaluating the client's needs and security risk and classifying the client's supervision as intensive, maximum, medium or minimum in accordance with sub. (4);(c) Determining the short-term and long-term goals and objectives of the client's overall supervision consistent with the court order;(d) Establishing written rules of supervision that supplement existing court-imposed conditions, and providing the client with a copy of them;(e) Informing the client of the possible consequences of not abiding by the rules and conditions of supervision;(f) Explaining the conditions and rules of supervision and the reporting requirements immediately upon the client's reception to field supervision in a manner the client can understand;(g) Informing the client of the client complaint process under s. DHS 98.10;(h) As necessary, providing individualized counseling designed to foster growth and development of the client;(i) Informing the client of local law enforcement registration requirements that apply to the client;(j) Monitoring the client's compliance with the conditions and rules of supervision to ensure that the client is appropriately controlled and the public is protected;(k) Periodically reassessing the client's needs and risks, and reevaluating the client's supervision in light of meeting those needs; (L) Making appropriate referrals to other agencies for client services;(m) Maintaining complete and accurate case records for each client under supervision in accordance with s. DHS 98.27;(n) Monitoring the client's progress where services are provided by another agency and evaluating the need for continuation of the services;(o) Recommending transfer, discharge, revocation and any other appropriate actions under this chapter or otherwise, for the necessary care and control of the client and the protection of the public consistent with the purposes, goals and objectives under this chapter;(p) Supervising persons committed under ss. 971.14, 971.17 and 980.06, Stats., who are conditionally released by the court or conditionally transferred by the department or who are on supervised release, in accordance with the agreement between the department and the department of corrections;(q) Conducting periodic institution contacts with institutionalized clients when necessary;(r) Reporting child abuse cases under s. 48.981, Stats., to the appropriate authority;(s) Reporting to a supervisor as directed on the status of all clients under supervision;(t) Maintaining an effective and cooperative working relationship with public and private client service agencies;(u) Reporting all violations of the criminal law by clients to a supervisor or appropriate law enforcement authority; and(v) Assisting in the development of release plans in accordance with s. DHS 98.05.(3) RULES AND CONDITIONS OF SUPERVISION. When supervision begins, an agent shall meet with a client to review or develop written rules and specific conditions of the client's supervision, or both. These rules shall require that the client: (a) Avoid all conduct which is in violation of state statutes or municipal or county ordinances or which is not in the best interests of the public or the client's rehabilitation;(b) Report all arrests and police contacts to an agent within 72 hours;(c) Make every effort to accept the opportunities and counseling offered by supervision;(d) Inform the agent of his or her whereabouts and activities as directed;(e) Submit a written monthly report to the agent and any other relevant information as may be required;(f) Secure advance approval from an agent for a change of residence or employment, except that in the event of a housing or employment emergency notify the agent of the change within 72 hours;(g) Obtain advance permission from an agent to purchase, trade, sell or operate a motor vehicle;(h) Secure advance approval from an agent to borrow money or purchase on credit;(i) Obtain advance permission from an agent to purchase, possess, own or carry a firearm or other weapon. An agent may not grant a client permission to possess a firearm if the client is prohibited from possessing a firearm under s. 941.29, Stats., or federal law;(j) Make himself or herself available for searches or tests ordered by the agent including but not limited to urinalysis, breathalizer, and the taking of blood samples or search of residence or any other property under his or her control;(k) May not live, work, travel or be trained or educated in another state, because persons committed to the department under s. 971.17 or 980.06, Stats., are not covered by the interstate compact under s. 304.13, Stats., or by s. 304.135, Stats.; and (L) If committed under s. 971.17 or 980.06, Stats., may have his or her conditional or supervised release revoked only by the releasing court.(m) Submit to the lie detector examination process under s. DHS 98.31 as directed by the department.(n) Pay fees for the lie detector examination process under ss. DHS 98.31(5) and 98.32 and comply with any required department procedures regarding payment of fees.(4) LEVELS OF SUPERVISION. Monitoring of a client by an agent shall be done through one of 3 levels of supervision, as follows, unless modified by the administrator of the department of corrections, division of probation and parole: (a)Maximum level of supervision. Maximum supervision shall require a minimum of one face to face contact with the client by an agent every 14 days. A home visit shall be made at least once every 30 days unless this requirement is waived by a supervisor in writing, and collateral contacts shall be made by the agent as deemed appropriate. The client shall submit a monthly report to the agent personally which includes verification of the client's residence and employment.(b)Medium level of supervision. Medium supervision shall require a minimum of at least one face to face contact with the client by an agent every 30 days. A home visit shall be made at least once every 60 days unless this requirement is waived by a supervisor, and collateral contacts by the agent shall be made as deemed appropriate. The client shall submit a monthly report to the agent personally which includes verification of the client's residence and employment as required.(c)Minimum level of supervision. Minimum supervision shall require a minimum of one face to face contact with the client by an agent every 90 days. Home visits by the agent shall be made as deemed appropriate. The client shall submit a periodic report, and shall verify his or her residence and employment once every month. The monthly report may be mailed rather than submitted in person if a supervisor approves.(5) REASSESSMENT. Any time after the client's most recent reassessment, the agent shall determine whether the client shall be placed in a different level of supervision consistent with the needs and risks of the client. The determination shall be based only upon the agent's assessment of the appropriate supervision necessary to provide for the proper care and control of the client and the protection of the public subject to the written approval of a supervisor.(6) ACTION IN THE EVENT OF NONCOMPLIANCE. If a client fails to comply with the written conditions or rules of his or her supervision, that failure may result in modification of conditions or rules of supervision or revocation.Wis. Admin. Code Department of Health Services DHS 98.04
Cr. Register, July, 1992, No. 439, eff. 8-1-92; emerg. am. (2) (p) eff. 10-1-94; am. (2) (p), (3) (j), renum. (3) (k) to (3) (l) and am., cr. (3) (k), Register, April, 1995, No. 472, eff. 5-1-95; am. (3) (L) and cr. (3) (m) and (n), Register, May, 1999, No. 521, eff. 6-1-99.