Sub. (6) states the rule that visitors shall be excluded from the institution if they attempt to bring contraband into the institution. The visiting privilege itself may be suspended, as provided in ch. DOC 309. It is not the intention of the rule to exclude people who unwittingly carry unauthorized objects.
Sub. (8) requires correctional staff to turn over to law enforcement such objects which it is illegal to possess or conceal. The warden is a peace officer within the institution and on institution grounds by virtue of s. 301.29 (2), Stats. Under s. 939.22 (22), Stats., “peace officer" means any persons vested by law with a duty to maintain public order or to make arrest for crimes, whether that duty extends to all crimes or is limited to specific crimes. Section 302.095, Stats., makes delivering articles to inmates a crime subject to being detained by staff and turned over to the sheriff or local law enforcement officers. (OAG-103-79).
Note: DOC 306.19. Searches of staff members are sometimes necessary. This is so for three reasons. First, staff members may inadvertently bring unauthorized objects into institutions. For example, an employee taking medication may bring in more than he or she needs for an 8-hour period. Second, inmates may threaten staff or their families and thereby attempt to force the staff member to bring contraband into an institution. Third, a staff member may deliberately bring an unauthorized object into an institution.
Note: DOC 306.23. Sub. (1) permits the suspension of the rules of the department. It is not intended that this rule be relied on frequently, but only in situations where the usual functioning of the institution becomes impossible. For example, programs and visits are impossible if a portion of an institution is taken over by inmates. Some rules, like those relating to the use of force, may never be suspended. This is provided for in the rule.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
Chapter DOC 306 pertains to institution security standards and practices. This rule was created in 1980, and has not been updated since then. Due to various changes in correctional terminology, practices, and technological changes, the Department proposes to update the rule.
The changes are basically in three categories: 1) definitions and terminology, 2) use of various levels of force and restraints, and 3) search procedures.
1) Changed definitions include various staff titles to reflect current organization charts, changing the term “voluntary confinement" to “protective confinement," and changing the definition of “chemical agent" to “incapacitating agent." It is not believed that these and other similar changes will have a fiscal effect on the Department.
2) A number of changes are made to procedures that are acceptable for staff to use in various situations where some degree of force is needed. Generally, more discretion is permitted. Reporting requirements are maintained, but with less detail required in some cases. These changes could possibly result in a saving of staff time in filling out more detailed reports.
3) Search procedures are modified in some cases. In general, the effect of the changes is to permit increased use of search procedures in various circumstances. One example is the deletion of the enumeration of criteria staff should consider in determining reasonable grounds for a search. Another removes the requirement for a housing unit supervisor or shift supervisor to approve a search of inmate living quarters. These procedural changes are not estimated to have a fiscal impact on the Department.
Overall, the revisions to ch. DOC 306 are not expected to have any significant fiscal impact on the Department.
Contact Information
If you have questions, please contact:
Julie M. Kane
Telephone: (608) 267-9839
Office of Legal Counsel
149 East Wilson St.
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, November 15, 2000 will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Professional Geologists, Hydrologists and
Soil Scientists Examining Board
Notice is hereby given that pursuant to authority vested in the Examining Board of Professional Geologists, Hydrologists and Soil Scientists in ss. 15.08 (5) (b), 15.405 (2m) and 227.11 (2), Stats., and interpreting s. 470.03, Stats., the Examining Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to create s. GHSS 1.07, relating to a rules committee.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
October 31, 2000 Room 180
Tuesday 1400 East Washington Ave.
9:45 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Monday, November 13, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 15.405 (2m) and 227.11 (2)
Statute interpreted: s. 470.03
Current rules for the Examining Board of Professional Geologists, Hydrologists and Soil Scientists do not permit the formation of a rules committee to act for the Board in rule-making proceedings. The objective of the rule is to authorize the Board to form a rules committee. The Board may currently approve and adopt rules proposed by any section of the Board. A rules committee would better enable the Board to develop and refine rules proposed by the sections or the Board. This would meet the objective of standardizing the rules development process between the sections of the Board and provide for greater efficiency.
The proposed rule would consist of two sections. The first section would permit the Board to approve and adopt rules proposed by any section of the Board. The second section would define the composition of a rules committee and provide that the rules committee shall act for the Board in rule-making proceedings except for final rule adoption.
Text of Rule
SECTION 1. GHSS 1.07 is created to read:
GHSS 1.07 Rule-making. (1) PROCEDURE. The board may approve and adopt rules proposed by any section of the board.
(2) RULES COMMITTEE. (a) The rules committee is comprised of one professional member from each section and 2 public members. The board chair shall appoint the 2 public members from any of the 3 sections of the board.
(b) The rules committee shall act for the board in rule-making proceedings except for final approval as specified in sub. (1).
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
Notice of Hearing
Regulation and Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 440.03, Stats., and interpreting s. 440.03 (1), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal s. RL 7.06 (1) (d) and (2) (d); to renumber and amend s. RL 7.06 (1) (e) and (2) (e); to amend ss. RL 7.04 (1) (e) and 7.05 (1) (d); and to create s. RL 7.11 and Appendix II of Chapter RL 7, relating to standards for approved drug testing programs.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
October 30, 2000 Room 133
Monday 1400 East Washington Ave.
10:00 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Monday, October 30, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 440.03
