reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.41 - Program level review

Current through June 24, 2024
(1) PRESENTATION OF GRIEVANCE.
(a) A program shall establish a flexible and
				  open process through which clients and those acting on behalf of clients can
				  present grievances.
Note: See
					 DHS
					 94.49 for grievances presented on behalf of clients,
					 including clients under guardianship.
(b) A grievance may be presented to the
				  program manager or any staff person in writing, orally or by any alternative
				  method through which the client or other person ordinarily
				  communicates.
(c) Whenever
				  possible, a program shall attempt to resolve a grievance at the time it is
				  presented by listening to the nature of the complaint and by making adjustments
				  in operations or conditions that respond to the individual needs of the
				  client.
(d) If a grievance cannot
				  be immediately resolved, the person presenting the issue shall be given the
				  option of using the program's formal or informal resolution process.
(e) If the informal resolution process under
				  s.
				  DHS
				  94.40(4) is chosen, any time limits
				  in sub. (5) shall be suspended while the parties work out their
				  differences.
(f) If the formal
				  resolution process under s.
				  DHS
				  94.40(5) is chosen, the program shall
				  refer the grievance to a client rights specialist who shall conduct an inquiry
				  and file a report as provided in subs. (2) and (3).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.42 - Administrative review by county or state

Current through June 24, 2024
(1) RESPONSIBILITY
				  FOR ADMINISTRATIVE REVIEW.
(a)
1. For a program operated by a county
				  department or under contract with a county department, a requested
				  administrative review of the program manager's decision under s.
				  DHS 94.41(4)
				  (e) shall be conducted by the director of the
				  county department.
2. The director
				  of a county department may conduct administrative reviews or may designate a
				  specific person or persons from the county department's staff to conduct
				  administrative reviews at the county level. If a staff person is designated to
				  carry out a review, he or she shall prepare a final report for the approval of
				  the director.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.43 - State level review of county administrative decision

Current through June 24, 2024
(1) REQUEST FOR
				  REVIEW.
(a) For a program operated by or
				  under contract with a county department, if the program manager, the client or
				  the grievant, if other than the client, disagrees with the decision of the
				  county director under s.
				  DHS
				  94.42(5), that person may seek a
				  review of the decision by the office or unit designated by the secretary under
				  s.
				  DHS
				  94.42(1) (b) 2.
(b) If a grievant wishes to seek a state
				  review of the county director's decision, he or she shall make the request to
				  the program manager. The program manager shall forward the request and
				  supporting materials to the office or unit designated under s.
				  DHS
				  94.42(1) (b) 2. in the same manner as
				  provided in s.
				  DHS
				  94.42(2) (c), with a copy sent by
				  first class mail to the county director. All other parties shall make their
				  request to the office or unit designated under s.
				  DHS
				  94.42(1) (b) 2., with copies of the
				  request given personally or sent by first class mail to the other
				  parties.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.44 - Final state review

Current through June 24, 2024
(1) DESIGNATION OF ADMINISTRATOR. The
				  secretary of the department shall designate a specific division administrator
				  or administrators to conduct final reviews of client grievances.
(2) REQUEST FOR REVIEW.
(a) A grievant seeking final state review
				  shall present his or her request to the program manager who shall transmit the
				  request to an administrator designated under sub. (1) along with copies of the
				  original grievance and all prior decisions and reports.
(b) A request by a program manager or county
				  director for final state review shall be presented to the designated
				  administrator or administrators on forms provided by the department and include
				  with the request copies of the original grievance and all subsequent decisions
				  and reports. A copy of the request for review shall be sent by first class mail
				  to all other parties, including the client and the grievant, if other than the
				  client.
(c) A request shall
				  describe the portion or portions of the prior decision with which the party
				  disagrees, the basis for the disagreement and any arguments or additional
				  information the party wishes the department to consider.
(d) If the grievant is unable to prepare a
				  written request for final state review, the program manager or his or her
				  designee shall assist in completing the necessary forms.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.45 - Program coalitions

Current through June 24, 2024
(1) A group of programs may form a coalition
				  to operate a combined grievance resolution system in order to share the costs
				  of operating the system and to increase the independence and expertise of the
				  individuals acting as client rights specialists.
(2) The coalition may establish a common
				  process for conducting program level reviews and for offering informal
				  resolution services, or may identify specific variations of the process as it
				  applies to each coalition member, so long as each variation complies with this
				  subchapter.
(3) The programs in the
				  coalition may agree to share the costs of training existing staff to act as
				  client rights specialists or may jointly contract with one or more private
				  individuals to provide this service upon request for any member of the
				  coalition.
(4) A coalition shall
				  operate in accordance with a written agreement signed by the member programs.
				  The terms of the agreement shall provide for meeting the requirements of this
				  subchapter in the operation of the grievance resolution system and for
				  maintaining the impartiality of the client rights specialist.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.46 - Multiple grievances by one client

Current through June 24, 2024
(1) When a client
				  or a person acting on behalf of a client has presented multiple grievances
				  involving a variety of circumstances, the client rights specialist may
				  establish an expanded timetable with specific priorities for investigating the
				  allegations in a manner which appears most likely to deal with the issues in an
				  efficient manner while addressing the most serious allegations first. This
				  timetable may exceed the time limits in this subchapter, but shall include
				  reasonable time limits, for completing the investigation of each grievance. The
				  client rights specialist shall notify the client or person acting on behalf of
				  the client and the program manager of the timetable and priorities for
				  resolution of multiple grievances within 10 days after beginning the
				  inquiry.
(2) If there is an
				  objection to the proposed timetable or priorities, the client rights specialist
				  shall attempt to reach an informal resolution of the objection. If the client,
				  person acting on behalf of the client or the program manager continues to
				  object, that person may request a review of the issue by the county department
				  or the state grievance examiner, whichever would normally hear an appeal of the
				  program level review. In the absence of a request, the timetable and priorities
				  established by the client rights specialist shall be controlling.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.47 - Related grievances by several clients

Current through June 24, 2024
(1) When 2 or more
				  clients have presented individual grievances involving the same circumstances
				  or a related group of circumstances relating to a single program, the client
				  rights specialist may conduct the investigation as if it were one
				  grievance.
(2) If the client rights
				  specialist believes the investigation of the grievance will require more time
				  to complete than is allowed under the time limits established in this
				  subchapter, the client rights specialist shall establish a reasonable time
				  limit for completing the investigation. The client rights specialist shall
				  notify the clients, any person or persons acting on their behalf and the
				  program manager of the time limit within 10 days after beginning the
				  inquiry.
(3) If there is an
				  objection to the proposed time limit for completing the investigation, the
				  client rights specialist shall attempt to reach an informal resolution of the
				  objection. If a client, any person acting on behalf of any of the clients or
				  the program manager continues to object, that person may request a review of
				  the issue by the county department or the state grievance examiner, whichever
				  would normally hear an appeal of the program level review. In the absence of a
				  request, the timetable established by the client rights specialist for
				  completing the investigation shall be controlling.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.48 - Grievances involving several programs

Current through June 24, 2024
(1) If a client has
				  presented the same grievance against several programs, each of which would
				  ordinarily use a different client rights specialist, the client rights
				  specialists from all the programs named in the grievance may:
(a) Jointly conduct the
				  investigation;
(b) Delegate the
				  task to one or more of the client rights specialists involved; or
(c) Refer the matter to the county department
				  or the office of the department with jurisdiction over the services offered by
				  the program for an immediate county or first state review.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.50 - Interim relief

Current through June 24, 2024
(1) If the client rights specialist or a
				  person conducting an administrative review of a grievance finds that interim
				  relief is necessary to protect a client's well-being pending resolution of a
				  grievance, a directive may be given to the program manager to modify the
				  services being provided to the client to the extent necessary to protect the
				  client.
(2) A directive for interim
				  relief shall be designed to provide the necessary protection at the minimum
				  expense to the program while protecting the rights of the client.
(3) A program manager may appeal a directive
				  for interim relief to the department administrator designated under s.
				  DHS
				  94.44(1).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.51 - Complaints related to the existence or operation of grievance resolution systems

Current through June 24, 2024
(1) Clients or persons acting on behalf of
				  clients under s.
				  DHS
				  94.49 may register complaints relating to failure of a
				  program to have a grievance resolution system as required by s.
				  51.61(5)
				  (b), Stats., and this subchapter, or relating
				  to the operation of an existing grievance resolution system directly to the
				  unit or office of the department designated to conduct administrative reviews
				  under s.
				  DHS
				  94.42(1) (b) 2.
(2) If a complaint regarding the existence or
				  operation of a grievance resolution system is filed with the department, a
				  state grievance examiner shall conduct an investigation to determine whether a
				  grievance resolution system meeting the requirements of s.
				  51.61(5)
				  (b), Stats., and this subchapter is in place
				  in the program.
(3) If the program
				  lacks a grievance resolution system, or if the operation of an existing
				  grievance resolution system is not in substantial compliance with the
				  requirements of this subchapter, the state grievance examiner shall issue a
				  report identifying the steps necessary for the program to implement a grievance
				  resolution system that complies with this subchapter, with a timeline for
				  implementation.
(4) The client or a
				  person acting on behalf of the client or the program manager may seek a review
				  of the state grievance examiner's report under sub. (3) by the administrator
				  designated under s.
				  DHS
				  94.44(1).
(5) If the program fails to implement the
				  required steps in the expected time period, the matter shall be referred by the
				  grievance examiner to the appropriate unit or office of the department or the
				  county department with responsibility for oversight of the program for action
				  related to certification, licensure or reimbursement or for censure of the
				  program.
(6) Nothing in this
				  section shall be read as prohibiting or limiting in any way the beginning of an
				  action under s.
				  51.61(7) or
				  (7m), Stats., or any other civil or criminal
				  prosecution by or on behalf of a client.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.52 - Investigation by the department

Current through June 24, 2024
The department may investigate any alleged violation of
					 this chapter and shall, in accordance with ch. DHS 92, have access to treatment
					 records and other materials and to individuals having information relating to
					 the alleged violation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.53 - Support for development of grievance resolution systems

Current through June 24, 2024
(1) The department
				  shall prepare materials, including but not limited to model policies and
				  program guidelines, which describe methods for implementing the elements
				  necessary for a grievance resolution system which is in compliance with this
				  subchapter.
(2) The secretary of
				  the department shall designate an office or unit of the department which shall
				  be responsible for providing or contracting for the provision of technical
				  assistance to programs with questions about the development, operation and
				  maintenance of consistency of grievance resolution systems, and for providing
				  or arranging for the provision of training for persons who have been designated
				  to act as client rights specialists and county directors or staff designated to
				  carry out administrative reviews under s.
				  DHS
				  94.42.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter I - General Provisions › Section DHS 95.01 - Authority and purpose

Current through June 24, 2024
Pursuant to the authority vested in the department by ss.
					 46.055,
					 46.058(2m),
					 51.61(9),
					 227.11(2),
					 980.04(1),
					 980.06,
					 980.065(2)
					 and
					 980.067,
					 Stats., the department adopts this chapter to do all of the following:
(1) Define the use of "necessary and
				  appropriate force" in relation to preventing escapes and pursuing and capturing
				  persons detained at or committed to a facility, center or unit under ch. 980,
				  Stats., who have escaped and to establish security standards at facilities
				  housing such persons. Primary security objectives of the department are to
				  protect the public, staff and patients and to afford patients the opportunity
				  to participate in treatment and activities in a safe setting. Every employee of
				  a facility is responsible for the safe custody of patients.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter I - General Provisions › Section DHS 95.02 - Applicability

Current through June 24, 2024
This chapter applies to the secure mental health facility
					 established under s.
					 46.055,
					 Stats., the Wisconsin resource center established under s.
					 46.056,
					 Stats., and any secure mental health unit or facility provided by the
					 department of corrections under s.
					 980.065(2),
					 Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter I - General Provisions › Section DHS 95.03 - Definitions

Current through June 24, 2024
(1) "Administrator" means the administrator
				  of the division.
(2) "Bodily
				  injury" means physical injury, illness, or any impairment of physical
				  condition.
(3) "Department" means
				  the department of health services.
(4) "Director" means the superintendent of a
				  facility, or that person's designee.
(5) "Disturbance" means a situation caused by
				  a patient that disrupts the normal functioning of the facility, including but
				  not limited to any of the following:
(a) An
				  assault on any person by 2 or more patients.
(b) The taking of a hostage by a
				  patient.
(c) The destruction of
				  state property or the property of another by 2 or more patients.
(d) The refusal by 2 or more patients, acting
				  in concert, to comply with an order.
(e) Any word or acts by two or more patients
				  which incite or encourage other patients to do any of the above.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter II - Use of Force › Section DHS 95.05 - Pursuing and capturing escapees

Current through June 24, 2024
The director shall adopt written policies and procedures
					 consistent with this chapter to pursue and capture escapees. The director may
					 enter agreements with local and state law enforcement agencies to pursue and
					 capture escapees.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter II - Use of Force › Section DHS 95.06 - Use of force

Current through June 24, 2024
(1) INTERVENTION OPTIONS.
(a)
Policies and procedures.
The director shall adopt written policies and procedures that establish an
				  intervention options model of force based on the perceived level of threat to
				  guide staff in the use of force during a disturbance or emergency, to prevent
				  escapes or to pursue and capture escapees. These intervention options shall
				  include staff presence, dialogue, control alternatives, protective alternatives
				  and lethal force. The policies and procedures shall be designed to help ensure
				  that force is only used when necessary and that only the amount of force that
				  is necessary under the circumstances is used.
(b)
Less than lethal force.
Staff may use less than lethal force against patients only if the user
				  reasonably believes that the use of less than lethal force is immediately
				  necessary to achieve any of the following:
1.
				  Prevent death or bodily injury to oneself or another.
2. Regain control of a facility or part of a
				  facility.
3. Prevent escape or
				  apprehend an escapee.
4. Change the
				  location of a patient.
5. Control a
				  disruptive patient.
6. Prevent
				  unlawful damage to property.
7.
				  Enforce a departmental rule, a facility policy or procedure or an order from a
				  staff member.
(c)
Lethal force.
1. Staff may
				  use lethal force only if the user reasonably believes that the use of such
				  force is immediately necessary to achieve any of the following:
a. Prevent death or bodily injury to oneself
				  or another.
b. Prevent unlawful
				  damage to property that may result in death or bodily injury to oneself or
				  another.
c. Regain control of a
				  facility or part of a facility when less forceful means of regaining control
				  are unsuccessful or not feasible under the circumstances.
d. Prevent escape or apprehend an
				  escapee.
2. Staff may not
				  use lethal force if its use creates a substantial danger of harm to
				  non-involved third parties, unless the danger created by not using such force
				  is greater than the danger created by using it.
(d)
Other uses of force
				  prohibited.
Force may not be used except as provided in this chapter
				  and under policies and procedures adopted in accordance with this chapter.
				  Force may never be used as a means of disciplining patients.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter II - Use of Force › Section DHS 95.07 - Documentation

Current through June 24, 2024
The director shall adopt written policies and procedures to
					 ensure that all uses of force are documented in a manner approved by the
					 department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter II - Use of Force › Section DHS 95.08 - Training

Current through June 24, 2024
(1) The director shall adopt written policies
				  and procedures to ensure that facility staff who may be called upon to use
				  force under s.
				  DHS
				  95.06 are properly trained and regularly updated on
				  the intervention options model of force policies and procedures adopted under
				  s.
				  DHS
				  95.06(1) (a).
(2) Staff authorized to use firearms under s.
				  DHS
				  95.06(1) (c) and (2) shall attend a
				  department-approved training and qualification program that includes
				  instruction on all of the following:
(a) Safe
				  handling of firearms while on duty.
(b) Legal use of firearms and the use of
				  lethal force.
(c) Facility policies
				  and procedures regarding firearms.
(d) Fundamentals of firearms use, including
				  range firing.
(e) In situations
				  where firearms may be used, the manner in which they must be used, including
				  the use of verbal warnings and warning shots.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 95 - Custody and control of ch. 980, Stats., patients › Subchapter III - Other Custody and Control Issues › Section DHS 95.10 - Escorted leaves for chapter 980 patients

Current through June 24, 2024
(1) Pursuant to s.
				  980.067,
				  Stats., the director of the secure mental health facility established under s.
				  46.055,
				  Stats., the Wisconsin resource center established under s.
				  46.056,
				  Stats., or any secure mental health unit or facility provided by the department
				  of corrections under s.
				  980.065(2),
				  Stats., may, at his or her discretion, allow a patient detained or committed
				  under ch. 980, Stats., to leave the grounds of a facility and be escorted by
				  staff to a location within the state of Wisconsin for a purpose consistent with
				  the therapeutic interests of the patient and the security interests of the
				  facility and the community, including any of the following:
(a) To visit a dying or deceased relative
				  under security conditions imposed by the facility director.
(b) To receive medically necessary health
				  services that are not available at the facility.
(c) To engage in pre-placement or
				  pre-discharge activities when the patient has a proposed or approved supervised
				  release plan under s.
				  980.08,
				  Stats., or a discharge plan.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 96 - Waiver by forensic patients of good time or entitlement to mandatory release › Section DHS 96.01 - Purpose and authority

Current through June 24, 2024
Persons who have been committed to the department under ch.
				  975, Stats., may, with the approval of the department, waive the good time
				  credit they have received toward a reduction of their maximum length of stay at
				  the institution or, if they are not credited with good time, their entitlement
				  under s.
				  302.11 and
				  975.12(2),
				  Stats., to mandatory release. This chapter establishes conditions and
				  procedures for forensic patients who want to waive good time or mandatory
				  release, and thereby remain longer at the institution, and contains the
				  criteria which the department is to use in agreeing to waivers by patients. The
				  chapter is promulgated under the authority granted to the department by ss.
				  302.11(8)
				  and
				  227.11,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 96 - Waiver by forensic patients of good time or entitlement to mandatory release › Section DHS 96.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Department" means the Wisconsin department of health services.
(2) "Good time" means credit earned toward a
				reduction in a patient's maximum length of stay at an institution. It is
				expressed in number of days. A patient's maximum length of stay is the maximum
				term prescribed by law for the offense for which the patient was committed,
				less "good time" that the patient has earned as provided in ss. 53.11 and
				53.12, 1981-82, Stats.
(3)
				"Mandatory release" means the required release of a patient from an institution
				when the patient who earns good time has been at the institution for the
				maximum time prescribed by law for the offense for which the patient was
				committed, less good time received and jail time credit, or when the patient
				who does not earn good time has been at the institution for two-thirds of the
				maximum time prescribed by law for the offense for which the patient was
				committed.
(4) "Patient" or
				"forensic patient" means a person convicted of a crime who is committed to the
				department under s.
				975.06,
				Stats., for specialized treatment.
(5) "Secretary" means the secretary of the
				department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 96 - Waiver by forensic patients of good time or entitlement to mandatory release › Section DHS 96.03 - Waivers

Current through June 24, 2024
(1) AUTHORITY. A patient may waive good time
				or may waive entitlement to mandatory release pursuant to section 29 of 1983
				Wis. Act 528. Every waiver is subject to approval of the department.
Note: Since July 1, 1980 no defendant in a criminal trial has
				  been committed to the department for specialized treatment at a state mental
				  health institute under the Sex Crimes Law, ch. 975, Stats. However, in mid-1999
				  about 12 persons who were committed for treatment under that law were still
				  confined at one of the institutes. Section
				  975.12(2),
				  Stats., provides that commitments under s.
				  975.06,
				  Stats., are subject to s.
				  302.11, Stats.,
				  and so the changes made to s. 53.11, Stats., the predecessor of s.
				  302.11, Stats.,
				  by 1983 Wis. Act 528 and 1985 Wis. Act 27 apply also to these patients. Under
				  1983 Wis. Act 528, the system for rewarding inmates for good behavior was
				  changed from awarding good time off of sentence (length of commitment) for good
				  behavior to establishing a mandatory release date at 2/3 of sentence
				  (commitment) and providing for extension of that date for violation of
				  institution regulations or for uncooperative behavior. That session law also
				  provided in s. 29 that while the change in system for rewarding good behavior
				  or penalizing unsatisfactory behavior applies automatically to persons
				  committing offenses occurring on or after June 1, 1984, anyone who committed an
				  offense before that date and was received at the institution before or on that
				  date could, by written request to the department made before October 1, 1984,
				  be subject to the new system.
(2) CONDITIONS AND PROCEDURES. The patient
				who wants to waive good time or entitlement to mandatory release shall do this
				in accordance with the following conditions and procedures:
(a) Except in an emergency, a patient's
				request to waive good time or mandatory release shall be made not earlier than
				90 days before the projected mandatory release date and not later than 30 days
				before that date;
(b) Not less than
				15 days nor more than 180 days of good time may be waived at one time.
				Similarly, a waiver may not result in extending the mandatory release date for
				less than 15 days or more than 180 days;
(c) Good time or mandatory release that is
				waived shall not be reinstated except for good cause related to the criteria
				under sub. (3) for approving a waiver;
(d) A request to be permitted to waive good
				time or mandatory release shall be made in writing by the patient;
				and
(e) The patient shall consult
				with his or her social worker regarding the request to waive good time or
				mandatory release before the department will consider approving the
				waiver.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 97 - Complaint Procedures For Inmates Of The Wisconsin Resource Center › Section DHS 97.01 - Authority and applicability

Current through June 24, 2024
Pursuant to authority under ss.
				  46.056(1)
				  and
				  227.11(2),
				  Stats., the department adopts this chapter as the procedures governing
				  complaints by inmates pertaining to the Wisconsin Resource
				  Center.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 97 - Complaint Procedures For Inmates Of The Wisconsin Resource Center › Section DHS 97.03 - Definitions

Current through June 24, 2024
(1) In this chapter:
(a) "Corrections complaint examiner" or "CCE"
				has the meaning given in s.
				DOC
				310.03.
(b) "DCTS administrator" means the
				administrator of the department's division of care and treatment
				services.
(c) "Department" means
				the department of health services.
(d) "Wisconsin Resource Center" or "WRC"
				means the state prison established pursuant to s.
				46.056,
				Stats., and administered by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 97 - Complaint Procedures For Inmates Of The Wisconsin Resource Center › Section DHS 97.04 - Revisions in procedure

Current through June 24, 2024
(1) For complaints pertaining to WRC, the
				provisions of ch. DOC 310 apply, except as provided in sub. (2).
(2)
(a)
				Notwithstanding s.
				DOC
				310.04(2), the director shall appoint
				an institution complaint examiner.
(b) The CCE shall send a copy of his or her
				recommendation under s.
				DOC
				310.12 to the DCTS administrator, and the DCTS
				administrator or designee may make a recommendation to the secretary of
				corrections.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter I - General › Section DHS 98.01 - Authority and purpose

Current through June 24, 2024
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) and
					 (5), Stats. The following goals and
					 objectives are relevant for fulfillment of these purposes:
(1) To supervise and control offenders to the
				  extent necessary to protect the public, staff and clients;
(2) 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;
(3) To provide access to community-based
				  programs for persons on supervision for whom those programs are desirable and
				  necessary;
(4) To establish
				  necessary guidelines, procedures, and controls to maintain program, staff and
				  fiscal accountability and to promote program efficiency and
				  effectiveness;
(5) To cooperate
				  with other public and private agencies in activities directed at preventing
				  crime and mental illness and providing alternatives to institutionalization;
				  and
(6) To protect the health and
				  rights of all persons involved in the department's programs and
				  activities.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter I - General › Section DHS 98.02 - Applicability

Current through June 24, 2024
This chapter applies to the department and to all persons
					 under its custody and supervision who were committed to the department after
					 being found:
(1) 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
(2) 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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.05 - Prerelease planning

Current through June 24, 2024
The prerelease plan shall be prepared by the client and
					 institution staff or by the department and the county department under s.
					 51.42,
					 Stats., as appropriate. After the client and institution or the department and
					 county department under s.
					 51.42,
					 Stats., have prepared a proposed plan, the agent shall investigate the plan,
					 comment as to its appropriateness and suggest modifications if necessary. The
					 results of the investigation shall be reported to the institution or department
					 promptly, so the results may be included in the institution's report to the
					 committing court.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.06 - Notice to law enforcement of client release to supervision

Current through June 24, 2024
Before releasing a client to field supervision, the
					 department shall notify the municipal police department and the county sheriff
					 in the area where the individual will reside, unless the municipal police
					 department or the county sheriff's office has submitted to the department a
					 written statement waiving the right to be notified.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.07 - Funds, property and loans

Current through June 24, 2024
(1) In this
				  section, "financial resources" means any special benefits the client is
				  eligible for, e.g., benefits from the social security or veteran's
				  administration or railroad retirement fund, any income earned by the client,
				  any money in a savings or checking account controlled by the client, any
				  unearned income given to the client, e.g., from family or friends, and any
				  income the client receives through inheritances, grants or income tax
				  refund.
(2) An agent may assist in
				  the management of the financial resources of a client. When an agent manages
				  money under this section, the agent shall specify the reason the client's money
				  is being managed and the facts supporting that reason. The management of the
				  client's funds may be done only through a savings account in the client's name
				  administered in accordance with this section and only if one of the following
				  applies:
(a) The client requests
				  it;
(b) The agent believes that
				  management is necessary to control the client's funds and to teach mature money
				  management so that the client may develop skills for a more successful
				  reassimilation into the community upon discharge;
(c) Reimbursement is necessary for the cost
				  of purchased services provided to the client by the department; or
(d) The agent believes that management is
				  necessary to ensure compliance with the client's existing financial
				  obligations.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.08 - Intrastate transfer

Current through June 24, 2024
(1) CRITERIA. A client may request transfer
				  to another geographical area of the state if transfer is consistent with the
				  goals and objectives of supervision for the client, and:
(a) The client's family has moved to the area
				  and the transfer is considered advisable to maintain or strengthen familial
				  ties; or
(b) The client has
				  obtained verified residence, employment or schooling in the area.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.09 - Cooperation with other jurisdictions

Current through June 24, 2024
The department shall cooperate with other jurisdictions
					 that have signed the uniform act for out-of-state probation and parole
					 supervision to provide for the welfare and protection of clients and the public
					 by means of the return from one state to another of clients who have absconded
					 or escaped and any additional measures for the protection of clients and the
					 public which 2 or more of the party states may undertake cooperatively in
					 accordance with s.
					 304.13,
					 Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.10 - Client complaint process

Current through June 24, 2024
(1) PURPOSE. The
				  department shall afford clients an opportunity for administrative review of
				  certain types of decisions through the client complaint process.
(2) OBJECTIVES. The objectives of the client
				  complaint process are:
(a) To allow clients
				  to raise questions in an orderly fashion regarding decisions affecting their
				  supervision;
(b) To encourage
				  communication and cooperation between clients and staff; and
(c) To resolve problems that arise under
				  supervision in an orderly and uniform fashion.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.11 - Purchase of services

Current through June 24, 2024
(1) If a client requires assistance or
				  materials that cannot feasibly be provided through any other available
				  resource, the department may provide the assistance through individual or group
				  service contracts with service agencies.
(2) The department shall follow established,
				  specific policies and procedures consistent with the goals and objectives of
				  this chapter and s.
				  46.036,
				  Stats., for the provision of assistance to clients. These guidelines may set
				  priorities for the types of assistance which may be provided by the
				  department.
(3)
(a) A client may request and an agent may
				  arrange for assistance to be provided to the client. Documentation of the
				  provision of service shall be maintained in the client's record and that
				  documentation shall include the reasons why the assistance is needed and the
				  agent's attempts to provide the necessary assistance through other sources. The
				  documentation shall be reviewed by the agent's supervisor.
(b) Appropriate staff may audit the provision
				  of services to a client where a purchase of services contract has been entered
				  into.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.12 - Absconding

Current through June 24, 2024
(1) If a client absconds, an agent shall
				  request that the committing court issue a capias ordering the apprehension of
				  the client.
(3) An agent shall make
				  reasonable attempts to locate a client who has absconded which may include a
				  letter to the last known address. A certified letter may be used.
(4) As soon as is feasible after a client is
				  located, a field staff member or other department of corrections representative
				  shall meet with the client to discuss the facts underlying the absconding, the
				  possible consequences of it and any extenuating or mitigating circumstances,
				  and shall evaluate the factors contributing to the absconding.
(5) A client shall be continued on
				  supervision if revocation proceedings are not initiated against the client
				  following an absconding, subject to s.
				  304.072(1),
				  Stats. Any modification of the rules of supervision made subsequent to the
				  client's absconding shall be discussed with the client prior to their effective
				  date and the client shall be given a copy of them.
(6) Upon notification that a client who has
				  absconded is in custody out of the state of Wisconsin, an agent shall request
				  that the committing court issue a capias ordering the apprehension of the
				  client and submit a petition for revocation of conditional release.
(7) Relevant records relating to a client's
				  absconding shall be maintained in the client's record.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.13 - Fraternization

Current through June 24, 2024
No agent or other department employee may have a
					 nonprofessional relationship with a client, except as permitted by the
					 secretary at the request of the employee.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.14 - Contraband

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.15 - Discharge

Current through June 24, 2024
The department shall inform a client of the individualized
					 objectives and conditions of the client's supervision so that the client may be
					 aware of the effort and achievement required of him or her, and to encourage
					 discharge of the client at the earliest possible time consistent with the
					 client's progress in satisfying the objectives and conditions and the
					 protection of the public.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 98 - Field Supervision Of Clients › Subchapter II - Client under Supervision › Section DHS 98.16 - Revocation

Current through June 24, 2024
(1) A client committed under s.
				  971.17
				  or
				  980.06, Stats., may
				  have his or her conditional or supervised release revoked only by the releasing
				  court.
(2) A client released on
				  conditional transfer under s.
				  51.37(9),
				  Stats., may have his or her conditional transfer revoked only:
(a) On recommendation of the supervising
				  agent who determines that the client presents a risk of physical harm to self
				  or others or has failed to comply with the conditions of conditional
				  transfer;
(b) Following return of
				  the client to the institution for evaluation and detention; and
(c) Following an administrative hearing
				  conducted by the department's office of administrative hearings to ascertain
				  whether there is a preponderance of evidence to substantiate the necessity for
				  rescinding the conditional transfer and ensuring that the action of the
				  department is consistent with the client's treatment needs and the protection
				  of the community.