Scope Statements
Corrections
Subject
Amends Chapter
DOC 303, relating to the discipline of inmates for violation of prison rules and regulations.
Objective of the Rule
The objective of the rule is to amend the rule to review and revise the listing of offenses, penalties and sanctions resulting from violating rules of conduct, and procedures for imposing discipline on inmates.
Policy Analysis
The current rule chapter provides in detail a listing of offenses for which an inmate may be disciplined. In addition, the current rule sets forth the penalties and sanctions which an inmate may receive if found guilty of a violation. Finally, the current rule establishes certain procedures to be followed before discipline can be imposed.
The current rule has not been reviewed or revised since 2001. The Department seeks to revise the rule chapter to reflect changes based on case law and practice. In addition, the listing of offenses needs to be expanded to better define the conduct for which inmates may be disciplined. Finally, there is a need to review and revise the due process procedures to make the procedures more efficient.
There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Entities Affected by the Rule
This rule will affect inmates and Department staff.
Comparison with Federal Regulations
There are no existing or proposed federal regulations which specifically address the discipline of state prison inmates. However, the Americans with Disabilities Act and the Prison Rape Elimination Act may affect department policies and procedures, concerning the discipline of state inmates.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 500 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Corrections
Subject
Objective of the Rule
To establish procedures for the use of restraints on certain inmates if authorized by a department health care professional.
Policy Analysis
Sections
DOC 306.10 and
DOC 306.11 address a procedure for the use of mechanical restraints when transporting inmates or when there is a need to immobilize an inmate. There is no rule provision for the use of restraints for medical reasons when authorized by a health care professional. The creation of the new rule will clarify the procedures to be followed when restraints are medically required.
The department currently uses medical restraints when a health care professional orders them. It does not follow the procedures under s.
DOC 306.11 since that section applies to security issues as determined by security personnel. This rule will clarify the distinction among restraints under ss.
DOC 306.10 and
306.11 and medical restraints. There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Entities Affected by the Rule
This rule will affect inmates, department staff, health care providers, guardians, and guardians ad litem.
Comparison with Federal Regulations
There are no existing or proposed federal regulations which address the use of medical restraints in state prisons.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 100 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Corrections
Subject
Amends Chapter
DOC 328 relating to changes in statutory law, changes in the operations and practices of supervising persons on probation, parole, or extended supervision, and establishing a procedure for imposing as a condition of supervision compliance with prescribed medications.
Objective of the Rule
The objective of the rule is to amend the rule to reflect a number of changes in the law, including truth in sentencing, and changes in the operations and practices of supervising persons on probation, parole, or extended supervision and to establish a procedure for imposing as a condition of supervision compliance with prescribed medications.
Policy Analysis
The current rule chapter provides in detail the supervision of persons on probation and parole. However, the rule chapter has not been fully reviewed for revision since the passage of Wisconsin's Truth in Sentencing law in 1998. There have been further statutory amendments and case law developments which have resulted in the need to modify the Department's administrative code chapter on community supervision. For example, the chapter does not refer to extended supervision which is the community supervision component of a bifurcated sentence under Truth in Sentencing. Thus, there has been confusion as to the applicability of the rule chapter to persons on extended supervision. In addition, the Department has amended other rule chapters to reflect new program responsibilities in the supervision of sex offenders, but had not amended chapter DOC 328. Further, the Department has over time changed verbiage, which is not consistently reflected in the current rule. (For example, the Department refers to persons under community supervision as offenders, not clients. There have been some amendments to the rule chapter which created new sections which use the term “offender" but there other sections in which the term “client" is used.) Finally, the Department anticipates establishing a procedure for imposing as a condition of supervision compliance with prescribed medications.
There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Entities Affected by the Rule
This rule will affect persons on probation, parole, or extended supervision, and Department staff.
Comparison with Federal Regulations
There are no federal regulations which address the supervision of persons on community supervision for violations of Wisconsin criminal statutes. However, under 4 USCA section 112, Congress has authorized the Interstate Corrections Compact which Wisconsin adopted and is found in s.
302.25, Wis. Stats. The ICC permits participating states to cooperate among themselves in the supervision of inmates and offenders.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 100 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Corrections
Subject
Amends Chapter
DOC 331, relating to changes in statutory law and the operations and practices of supervising persons on probation, parole, or extended supervision.
Objective of the Rule
The objective of the rule is to amend the rule to reflect a number of changes in the law, including truth in sentencing and changes in the operations and practices of supervising persons on probation, parole, or extended supervision.
Policy Analysis
The current rule chapter provides in detail the procedure for the revocation of the community supervision of persons on probation and parole. However, the rule chapter has not been fully reviewed for revision for a number of years, resulting in its not reflecting current statutory provisions, including Wisconsin's Truth in Sentencing law or Sexual Predator law. For example, the chapter does not refer to extended supervision which is the community supervision component of a bifurcated sentence under Truth in Sentencing. Thus, there has been confusion as to the applicability of the rule chapter to the revocation of the supervision of persons on extended supervision. There have been additional statutory amendments and case law developments which have resulted in the need to modify the Department's administrative code chapter on revocation procedures. The Department has over time changed verbiage, which is not consistently reflected in the current rule. (For example, the Department refers to persons under community supervision as offenders, not clients.)
