• Changes security director placement review from “next working day" to “within 2 working days," and;
• Allows administrator to extend TLU for 21 days but removes words “for cause," and;
• Allows inmate to be in TLU if decision-maker believes certain elements are “possible." This is changed from “more likely than not."
• Provides for treatment of inmates in a private sector/prison industry enhancement certification program.
15. Loss of recreation privileges for inmates in the general population is 1 to 60 days for a minor penalty and more than 60 days for a major penalty.
16. Loss of recreation privileges for inmates in segregation is 1 to 8 days for a minor penalty and 9 to 60 days for a major penalty.
17. Room confinement for minor penalty is increased from a maximum of 10 days to a period of 1 to 15 days and a major penalty is 16 to 30 days.
18. Building confinement for a minor penalty is set at 1 to 30 days and a major penalty is a period more than 30 days.
19. Days in program segregation may be 150, 210, 240, 270, 330, or 360 days in addition to the current 30, 60, 90, 120, and 180.
20. Maximum days in segregation have been increased for the following offenses to:
a. Sexual conduct 8 and 180
b. Fighting 360
c. Lying 180
d. False names & titles 180
e. Gambling 180
21. Allows the adjustment committee, upon a finding of guilt, to refer the inmate to program review to review the inmate's program assignment and custody level.
22. Removes the enumerated list of factors the warden must consider when reviewing inmate program segregation status, while still providing for review at least once every 30 days.
23. Adds “secure work crew" as a minor disciplinary sanction.
24. Removes requirement that “only persons who are eligible to serve on the adjustment committee" serve as hearing officers for minor violations.
25. Allows the use of electronic conferencing for minor and major hearings.
26. Inmate's agreement to summary disposition is not appealable.
27. The 21-day time limit for disciplinary hearings is not jurisdictional.
28. Increases the time limit for the warden to review all records and forms pertaining to an appeal of a finding of guilt for a major offense from 10 days to within 60 days following receipt of request for appeal.
29. A dismissed conduct report serves as a warning that the behavior specified in the conduct report is a violation of the rules.
30. Removes the provision that property shall not be disposed of until the grievance is resolved.
31. Removes specific section on “referral for prosecution." Section DOC 303.64 does maintain security director authority to refer a criminal law violation to law enforcement authorities for further investigation and prosecution.
32. Permits the warden to designate an investigator to do the investigation and write the conduct report.
33. The warden may assign staff members to act as inmate advocate during disciplinary hearings and remove the language allowing inmates to choose the advocate from a list of 3 possible candidates.
34. Removes recommendation that “a training program for advocates should be conducted as often as possible."
35. The security director may, for good cause, waive time limits for due process hearing requests.
36. Tolls the time for commencing due process hearing when an inmate is in observation, control segregation, out of the institution by court or warden's order.
37. Removes the requirement that the hearing officer investigate whether a witness should be called.
38. Removes the language allowing inmates to opt-out of testifying at a disciplinary hearing for another inmate.
39. If testifying at a disciplinary hearing would pose a risk of harm to a witness, the committee may, instead, consider a “corroborated, signed statement under oath from that witness" (makes the language consistent with section DOC 303.86 (4) Evidence).
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
This rule has not been updated since it was created nearly 19 years ago. This revision updates language in the original rule, amends the existing rule to add additional offenses for which inmates may be disciplined and creates a new penalty-disciplinary separation-as an alternative to program segregation.
The revised rule is intended to clarify procedures related to disciplinary actions and, with the creation of disciplinary separation, to allow more efficient management of segregation cells. In each case, the proposed rule may result in more effective allocation of DOC staff time. In 1996, inmates filed a total of 294 lawsuits arising from disciplinary actions. Each lawsuit filed requires the use of DOC staff time to collect information as part of a court record. It is anticipated that the proposed revised rule clarifying procedures related to disciplinary actions may result in fewer lawsuits filed or more lawsuits resolved earlier.
The creation of disciplinary separation will allow more efficient management of segregation cells and use of DOC staff time.
The revised rule also amends provisions relating to the cost to an inmate for a confirmatory urinalysis test, from payment of half the cost of the test to the full cost of the test. In FY 1996 (Fiscal Year 1996), 195 confirmatory tests were taken at a cost of $25 each. Assuming no change in the number or cost of tests taken, this provision would result in savings of approximately $2,500 annually.
The revised rule also creates provisions assessing monetary forfeitures by inmates ranging from $1 to $15 as part of certain disciplinary penalties. The amount of state revenue generated as a result of these provisions cannot currently be estimated.
Contact Information
Julie M. Kane
Telephone (608) 267-9839
Office of Legal Counsel
149 East Wilson Street
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than Wednesday, December 22, 1999,will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.089(3), 29.181 and 227.11(2)(a), Stats., interpreting ss. 29.014, 29.089 and 29.181, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s. NR 10.28(1) and the creation of ss. NR 10.01 (3)(e)3.e. and 10.27(8), Wis. Adm. Code, relating to deer hunting in Council Grounds state park, Lincoln county. The proposed rule will:
1. Create a shotgun season running concurrent with the regular 9-day gun deer season.
2. Create a muzzleloader season running concurrent with the statewide muzzleloader only season.
3. Allow a late bow season, commencing on the Saturday following the close of the statewide 9-day gun deer season and ending December 31.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
December 14, 1999 Supervisor's Room
Tuesday 2nd Floor
at 6:00 p.m. Lincoln Co. Courthouse
1110 E. Main St.
Merrill
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Mytton at (608) 266-2194 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Bill Mytton, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than December 16, 1999. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WM-3-99] and fiscal estimate may be obtained from Mr. Mytton.
Fiscal Estimate
The fiscal impact of this proposal would be to increase department costs by $600 annually. There may have to be additional time spent by biologists and law enforcement staff to administer this hunt, but this should be minimal. The bulk of this increase would be due to staff overtime necessary to administer the hunt and register hunters. The wildlife damage appropriation [5(fq)] is affected due to the fact that there is a farmer adjacent to the park who has shooting permits and in some years may be issued claim payments. Approximately $400 will be needed for signs and 20 hours of LTE time at $10/hr for a total of $200.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
S. Comm 5.30 and chs. Comm 41 to 42 - Relating to boilers and pressure vessels.
