(c)
The Governor's Legal Counsel or his/her designee shall be a voting member and shall chair the board.
2.
Functions and Operations. The Board shall review applications for executive clemency and make recommendations to the Governor as to each.
(a)
Hearings
(1)
The Board shall hold a public hearing on each qualifying application at which hearing the applicant shall be heard.
(2)
Hearings shall be held subject to the discretion of the chair, at a date and place set at least two weeks in advance of the hearing.
(b)
Recommendations to the Governor
(1)
After a hearing is concluded, the Board shall meet in closed executive session, as permitted by Wiscosin Stats. s.
19.85(1)(a), to arrive at a recommendation on the application. Four members constitute a quorum for executive action by the board.
(2)
The factors the Board shall weigh in its decision include, but are not limited to, the severity of the offense, the time passed since discharge or conviction, the applicant's need for clemency and the applicant's activities and conduct since the offense.
(3)
The chair shall convey to the Governor in writing the Board's recommendation for each application, along with dissenting recommendations, if any, and reasons given for each.
3.
Manner and Form of Applications
(a)
Scope
(1)
These rules shall govern all applications for any form of clemency by an person except infividuals currently incarcerated.
(2)
All applications for any form of clemency to which these rules do not apply shall be governed by Wisconsin Statutes Sections
304.08 through
304.11.
(b)
Form and Contents
(1)
Applications for any form of Clemency shall be in writing, signed by the person seeking clemency, notarized by a notary public and submitted to the Governor.
(2)
Applications shall contain the following information:
a.
the name of the applicant
b.
the applicant's current address and mailing address if different
c.
the applicant's date of birth
d.
the exact form of clemency sought
e.
the conviction(s) from which relief is sought
f.
the court that imposed sentence (county and branch)
g.
the date of sentencing
h.
the sentence imposed
i.
the place of incarceration (if applicable)
j.
a description, in the applicant's own words, of the circumstances of the crime
k.
a statement of any facts which the applicant believes justify clemency, including activities since conviction, employment history and information pertaining to the applicant's need for clemency
l.
subsequent contacts with law enforcement
m.
whether the applicant has applied for clemency in the past and what date the application was decided by the Governor
S375
(3)
The Governor, through the office of Legal Counsel, may set other conditions, requirements and procedures in relation to the application process, including but not limited to, prerequisites and conditions for applying for clemency.
(c)
Service of Notice
(1)
The applicant shall serve on the judge of the court of conviction and on the district attorney of the county of conviction, a notice of application which shall contain the information required in the application by s. 3(b) of this order.
(2)
Service of notice may be by mail, but the Governor's office must be given proof of service by providing a copy of the notice as signed or stamped by the person upon whom notice was served.
(d)
Court Records
(1)
The applicant shall obtain and provide to the Governor's Office certified copies of the following court records for all convictions for which the person is seeking clemency:
a.
The indictiment, information or complaint; and
b.
The judgment of conviction and sentencing
(2)
If copies of any of the required court records are unavailable, the applicant shall submit to the Governor's Office a letter from the clerk of courts of the county of conviction stating that copies are unavailable.
(e)
An application shall be complete when it contains the information and documents required by subsections (a), (b) and (c) of this section.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wiscoinsin to be affixed. Done at the Capitol in the City of Madison this twelfth day of September in the year two thousand and one.
SCOTT McCALLUM
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
State of Wisconsin
Department of Health and Family Services
The Honorable, The Legislature:
In accordance with sec. 1.11(2)(j) Wis. Stats., the Department of Health and Family Services reports that it has not conducted any Environmental Assessments or Environmental Impact Statements during the reporting period of July 1, 2000, through June 30, 2001.
Sincerely,
Phyllis J. Dube
Secretary
State of Wisconsin
Legislative Audit Bureau
September 18, 2001
The Honorable, The Legislature:
At the request of the Department of Health and Family Services, we have completed a financial audit of the Health Insurance Risk-Sharing Plan (HIRSP) for fiscal year (FY) 1999-2000. HIRSP provides medical insurance for nearly 11,500 policyholders who are unable to obtain coverage in the private market. We have provided an unqualified opinion on HIRSP's financial statements and have followed up on issues raised in prior audits.
One of these issues relates to overpayment of prescription drug claims. From July 1998 through January 2001, the Department did not have controls in place to ensure that policyholders and pharmacies were reimbursed for prescription drugs at HIRSP-allowed rates. As a result, HIRSP overpaid drug claims by an estimated $5.5 million. The Department has reinstated system controls to reimburse drug claims at HIRSP-allowed rates, and it plans to begin recovery of overpayments in fall 2001. However, because of these efforts, at least 160 pharmacies have withdrawn from the program. The Department has recently implemented an on-line pharmacy claims processing system, which it expects will help to address pharmacy concerns and streamline the drug claims process.
Another major issue pertains to HIRSP's funding approach. In April 2001, the Board of Governors voted to implement an accrual-based funding approach in response to our prior audit recommendations, and following extensive debate. HIRSP's actuary projects that in fiscal year (FY) 2001-02, the change from a cash-based to an accrual-based approach will require policyholders, insurers, and health care providers to provide an additional $16.6 million to fund an accumulated accounting deficit. An excess policyholder premium reserve will fund the policyholders' share; the required contributions paid by health care providers are expected to meet their share; and insurers will fund their share through their semi-annual assessments.
We appreciate the courtesy and cooperation extended to us by the Department and the plan administrator for HIRSP. A response from the Department is Appendix 2.
Sincerely,
Janice Mueller
State Auditor
__________________
Relating to supervision of precertification supervised practice of social work.
Submitted by Department of Regulation and Licensing.
Report received from Agency, September 14, 2001.
Referred to committee on Human Services and Aging, September 20, 2001.
Relating to the use of force to prevent escapes, pursue and capture escaped persons detained or committed under chapter 980, stats., and to provide security at facilities housing such persons.
Submitted by Department of Health and Family Services.
Report received from Agency, September 19, 2001.
Referred to committee on Economic Development and Corrections, September 20, 2001.
Relating to contact lens prescription release by optometrists.
Submitted by Department of Regulation and Licensing.
Report received from Agency, September 14, 2001.
Referred to committee on Health, Utilities, Veterans and Military Affairs, September 20, 2001.
The committee on Human Services and Aging reports and recommends:
Relating to the eligibility of nonparent relatives of children to receive kinship care benefits to help them provide care and maintenance for the children.
Report objection recommended:
Ayes, 6 - Senators
Robson, Moore, Wirch, Hansen, Roessler and Kanavas.
Noes, 1 - Senator
Welch.
Referred to joint committee for review of Administrative Rules, September 20, 2001.
