Section DHS 98.14 - Contraband(1) In this section, "contraband" means: (a) Any item which the client may not possess under the rules or conditions of the client's supervision; or(b) Any item whose possession is forbidden by law.(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.(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: (a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.(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.(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.(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.(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.(f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20, Stats.(g) Any item originally assigned as property of the state shall be returned to service.(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.Wis. Admin. Code Department of Health Services DHS 98.14
Cr. Register, July, 1992, No. 439, eff. 8-1-92.