The department does not anticipate any effect on small businesses.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule establishes a fee to partially offset the costs of monitoring global positioning system [GPS] tracking for the lifetime of an offender.
Certain sex offenders as defined in s.
301.48 (2), Wis. Stats., are required to be placed on mandatory lifetime GPS. Additionally, persons who commit a serious child sex offense as defined in s.
301.48 (1) (e), or a person under supervision under the interstate corrections compact for a serious child sex offense committed outside Wisconsin, may be subject to lifetime GPS depending upon the findings of a standardized risk assessment instrument.
The Department currently contracts with a vendor to provide and install GPS equipment worn by each offender. The vendor also provides automated alerts to the Department when an offender violates a personally assigned exclusion zone or leaves a personally assigned inclusion zone. The Department is charged $7.99 per day per GPS unit.
The Department has established an offender fee schedule to recoup a portion of the costs the Department pays the vendor. If an offender's gross household income is below $800 per month, the offender will not be charged any portion of the $7.99/day GPS equipment costs. If the income level is between $800 and $1,500 per month, the offender will be charged $50 per month; between $1,502 and $2,400 per month incurs a $120 fee and over $2,400 totals the full $240 per month cost.
The Department currently estimates there will be 331 offenders on GPS by June 30, 2009. Probation and Parole agents will determine the offender's monthly income if the offender is being actively supervised in local communities. If the offender has been terminated from supervision yet is still required to be on lifetime GPS, the monthly income will be determined by the Department's business offices.
Automated monthly invoices will be sent to each offender. In addition, if a payment is received during a month, a receipt will be sent to each offender monthly.
During FY09 equipment costs are expected to be approximately $611,800. Given the Department's income schedule shown above, and the Department's historical collection rates, the Department anticipates recouping approximately $30,600 in revenues during the first fiscal year. Revenues and costs will continue to grow incrementally thereafter.
The Department has incurred one-time costs to create the automated billing system to track these payments. Those costs totaled approximately $69,000.
State fiscal effect
Increase existing revenues. Increase in costs may be possible to absorb within agency's budget.
Local government fiscal effect
None
Fund sources affected
PRO
Affected Chapter
20 appropriations
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, telephone: (608) 240-5049, FAX: (608) 240-3306, email: kathryn.anderson@ wisconsin.gov
Text of Proposed Rule
DOC 332.20 Tracking fee. (1)
Applicability. A person who is subject to GPS tracking or PPS tracking under s.
301.48, Stats. shall be charged a fee to offset the costs of the tracking, based on the person's ability to pay.
(2) Definitions. In this section:
(a) “Global positioning system tracking" or “GPS tracking" has the meaning given in s.
301.48 (1) (b), Stats.
(b) “Passive positioning system tracking" or “PPS tracking" has the meaning given in s.
301.48 (1) (dm), Stats.
(c) “Tracking cost" means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.
(d) “Tracking fee" means the fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.
(3) Tracking fee. (a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.
(b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person's ability to pay, and shall do all of the following:
1. Determine the person's ability to pay the tracking fee. The department will base the determination on the person's documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.
a. The department will review the determination of the person's ability to pay the tracking fee at least annually. The department may require production of financial information for each review.
b. If a person fails to provide the requested financial documentation, the department may assess the person a tracking fee up to and including the full tracking cost.
2. Charge a tracking fee in accordance with the following table:
Table DOC 332.20
Income Category
|
Tracking Fee
|
<$800.00
|
$00.00
|
$800.00 - $1500.99
|
$50.00
|
$1501.00 - $2400.00
|
$120.00
|
>$2400.00
|
$240.00
|
a. The department shall publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
b. If the department proposes to make adjustment to the tracking fee by ten (10) percent or more, the department shall promulgate an administrative rule to make the adjustments. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
3. Establish a tracking fee schedule including the following:
a. A grace period for the initial tracking fee payment.
b. A deadline for receipt of each monthly tracking fee payment.
4. Approve procedures for the collection of tracking fees.
5. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.
6. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.
7. Record all tracking fees paid by a person.
8. Provide the person with access to a copy of the record of payments to verify receipt of the payments.
9. Advise the person of nonpayment of tracking fees.
10. Credit the moneys collected to the appropriation account under s.
20.410 (1) (gk), Stats.
11. Audit the record of payments of tracking fees.
(4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.
(d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person's willful failure to pay the tracking fee.
(e) Any other appropriate means of obtaining the tracking fee.
(5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Wage assignment.
(b) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.
(c) Submission of the debt to a state contracted collection agency.
(d) Any other appropriate means of obtaining the tracking fee.
Notice of Hearing
Health Services
NOTICE IS HEREBY GIVEN that pursuant to sections
256.15 (9m) and
(13) and
227.11 (2), Stats., Stats., and interpreting sections
256.15 (9m) and
227.11 (2), Stats., Stats., the Wisconsin Department of Health Services will hold a public hearing on its emergency rules and corresponding proposed permanent rules creating Chapter
HFS 119, relating to requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators and to specify the content of the training, qualifications of providers, and frequency with which training is to be completed, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
December 11, 2008
1:00 to 2:00 PM
|
Department of Health Services
1 W. Wilson Street
Room B141
Madison, WI 53701
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on December 11, 2008.
Analysis Prepared By the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
256.15 (13) (a) Stats., permits the department to promulgate rules necessary to administer s.
256.15 relating to licensing, certifying and training emergency medical services personnel.
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Section
227.11 (2), Stats., provides state agencies with general rulemaking authority.
Related statute or rule
Section 256.15 (6g), Stats., and chs. HFS 110, 111, 112, and 113 (soon to be renumbered DHS 110, 111, 112, and 113).
Plain language analysis
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Emergency medical services professionals already generally receive instruction on the use of automated external defibrillators as part of their standard training and certification. The requirements, however, are not in administrative rules.
Comparison with federal regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated under the proposed rules.
Comparison with rules in adjacent states
Iowa:
Iowa, under 131 IAC, requires emergency medical services personnel to maintain current written recognition given for training and successful course completion of CPR which includes training on the use of an AED.
