. . .or purchase U.S. savings bonds.
Sentence #3 paragraph #5 is deleted.
Sentence #2 paragraph #5 is amended to read:
. . .DOC 309.45 309.27. . .
Paragraph #6 is amended to read:
. . .DOC 309.44 309.27. . .
Note: DOC 309.50 is renumbered s. DOC 309.35.
Sentence #4 paragraph #2 is deleted.
Paragraph #3 is deleted.
Sentence #1 paragraph #3 is amended to read:
The present. . .
Note: DOC 309.51 is renumbered s. DOC 309.36.
Sentence #2 paragraph #2 is amended to read:
. . .DOC 309.25 309.15. . .
Sentence #7 paragraph #2 is amended to read:
. . .Kendrick v. Bland, 585 586 F. Supp. 1536. . .
Note: DOC 309.52 is renumbered s. DOC 309.37.
Sentence #1 paragraph #1 is amended to read:
. . .DOC 309.45 309.27
Sentence #2 paragraph #1 is amended to read:
DOC 309.35 309.20. . .
Sentence #1 paragraph #3 is amended to read:
. . .DOC 309.45 309.27. . .
Sentence #2 paragraph #3 is amended to read:
. . .DOC 309.48 309.32
Sentence #3 paragraph #3 is amended to read:
Table 309.55 309.38
Note: DOC 309.55 is renumbered s. DOC 309.38.
Sentence #2 paragraph #3 is amended to read:
Table 309.55 309.38. . .
Sentence #1 paragraph #4 is amended to read:
. . .s. 56.21 , Stats. . .
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
The provisions of ch. DOC 309 which relate to inmate accounts and compensation have not been updated since the rules were promulgated fourteen years ago. This rule makes technical changes, adds the DNA surcharge to the deductions to be collected from an inmate's income, and allows the Department to determine the maximum amount to be accumulated in the inmate release account.
The procedural changes in this rule are not expected to have a state or local fiscal impact.
Contact Person
Deborah Rychlowski, (608) 266-8426
Office of Legal Counsel
149 E. 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 September 5, 1997, will be given the same consideration as testimony presented at the hearing.
Notice of Hearings
Corrections
Notice is hereby given that pursuant to ss. 227.11 (2) (a), and 303.065, Stats., the Department of Corrections proposes a revision to ch. DOC 309, relating to inmate access to legal materials and legal services.
Hearing Information
Date & Time Location
August 25, 1997 Room 223
Monday State Office Bldg.
10:00 a.m. to 141 Northwest Barstow St.
12:00 p.m. (noon) WAUKESHA, WI
August 26, 1997 Secretary's Conference Rm.
Tuesday Dept. of Corrections
2:00 p.m. to 149 East Wilson St., 3rd Flr.
4:00 p.m. MADISON, WI
August 28, 1997 Rm. 105
Thursday State Office Bldg.
1:00 p.m. to 718 West Clairemont
3:00 p.m. EAU CLAIRE, WI
The public hearing sites are accessible to people with disabilities.
Analysis Prepared by the Department of Corrections
Some provisions of the Department of Corrections administrative rules relating to legal materials and legal services for inmates have not been updated since the rules were created. With over 14 years of experience working with the rules, the Department proposes to update the rules.
Inmates have a constitutional right of access to courts. Access to legal materials and services is an integral part of access to courts. Without such access, an inmate does not have meaningful access to courts. This rule, like the current rule, requires the Department of Corrections to provide an inmate with access to legal materials and services.
Each institution, except correctional centers and the Wisconsin Resource Center, shall maintain a law library and make legal materials available to inmates at reasonable times and for reasonable periods. The Department shall make reasonable efforts to ensure that adequate legal services are available to indigent inmates.
Inmates may provide legal services to other inmates except that institutions may regulate the time and place of such legal services. Compensation of any kind for the provisions of such inmate to inmate legal services is strictly prohibited.
Text of Rule
SECTION 1. DOC 309.15 is created to read:
DOC 309.15 Legal services. (1) POLICY. It is the policy of the department to permit inmates reasonable access to the judicial process and to legal materials, and to afford a reasonable opportunity to prepare legal documents. Such access serves important rehabilitative goals and ensures effective procedures for raising and resolving complaints about institution practices and policies.
(2) ACCESS TO COURTS. Inmates shall have access to courts and administrative agencies. Inmates' decisions to seek judicial or administrative relief shall not adversely affect their program, security classification or assignment to an institution.
(3) ACCESS TO LEGAL MATERIALS. Each institution, except correctional centers and the Wisconsin resource center, shall maintain a law library and make legal materials available to inmates at reasonable times and for reasonable periods. Special provisions shall be made to provide access to legal materials for inmates with a special legal need and for inmates with a special need, such as illiteracy. The department may employ the use of current technology in providing access to legal materials.
(4) ACCESS TO LEGAL ASSISTANCE. The department shall make reasonable efforts to ensure that adequate legal services are available to indigent inmates. These legal services need not be provided directly by the department, but may be provided by outside agencies. The legal services by these agencies may include services provided by lawyers, law students and aides supervised by lawyers, and paraprofessionals.
(5) INMATE TO INMATE LEGAL SERVICES. Inmates may provide legal services to other inmates except that institutions may regulate the time and place of such legal services. Compensation of any kind for the provisions of such inmate to inmate legal services is prohibited. The department is not responsible for legal materials not provided by the department that are given to other inmates.
SECTION 2. DOC 309.25 to 309.29 are repealed.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
