Notice is hereby given that pursuant to ss. 301.025 and 301.03 (10), Stats., and interpreting ch. 938, Stats., the Department of Corrections will hold four public hearings to consider the creation of chs. DOC 371 to 399, relating to juvenile corrections and delinquency-related services.
Hearing Information
October 28, 1999 Room 349
Thursday GEF#3 Bldg.
9:00 a.m. 125 South Webster St.
Madison, WI
November 10, 1999 Room 149
Wednesday Marathon Co. Courthouse
10:00 a.m. 500 Forest St.
Wausau, WI
November 16, 1999 Room G-034
Tuesday County Human Services Bldg.
10:00 a.m. 721 Oxford Ave.
Eau Claire, WI
November 19, 1999 First Floor Conference Room
Friday DNR State Office Bldg.
10:00 a.m. 2300 North Dr. M.L.King, Jr. Dr.
Milwaukee, WI
Information on parking and access for persons with physical disabilities is available by calling Jamie Wertel at (608) 266-9953. An interpreter for persons with hearing impairment will be available on request for the hearings. Please make reservations for an interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business
November 26, 1999, to permit the submission of written comments from persons unable to attend the hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Shelley Hagan, Policy and Grants Coordinator, Division of Juvenile Corrections, Department of Corrections, 149 East Wilson Street, P.O. Box 8930, Madison, WI 53708-8930. Written comments may be faxed to (608) 267-3661 or sent via electronic mail to
[Shelley.Hagan@doc.state.wi.us].
Analysis Prepared by the Dept. of Corrections
On July 1, 1996, several changes occurred in Wisconsin law that necessitated the creation of new administrative rules for juvenile corrections. The State juvenile corrections agency was transferred (by 1995 Wis. Act 27) from the Department of Health and Social Services to the Department of Corrections, making obsolete the administrative rules which formerly had governed juvenile corrections and delinquency-related services, Chapters HSS 49 and 331-348. Further, all delinquency-related law was removed from Chapter 48, Stats., the Children's Code, and recreated in Chapter 938, Stats., the Juvenile Justice Code, by 1995 Wis. Acts 77 and 352. The new Juvenile Justice Code had a statement of legislative purpose that was significantly different from the “best interest of the child" principle that governed Chapter 48, Stats. The legislative intent of Chapter 938, Stats., was to promote a “balanced approach" under which courts and agencies would give equal weight to protecting the public from juvenile crime, holding youth accountable for their actions, and building youth competency to live crime-free lives. In order to conform to the intent of the new Juvenile Justice Code and to current practice in juvenile corrections, creation of new administrative rules was deemed to be appropriate at this time.
1995 Wis. Act 352 permitted the Department of Corrections to operate under administrative policies and procedures in lieu of having promulgated administrative rules between July 1, 1996, and June 30, 1997, by which date the Department was to submit proposed rules to the Legislative Council for review. This deadline was extended until December 31, 1997, in 1997 Wis. Act 10. The Department submitted proposed rules to the Legislative Council on December 30, 1997, and has since modified the rules based on the comments received from the Council staff.
Topical list of rules:
DOC 371
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Planning, assessment and case management, including release planning, for youth placed in state Type 1 secured juvenile correctional facilities (Type 1 facilities).
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DOC 373
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Youth conduct while placed in Type 1 facilities, including the process for addressing misconduct by youth.
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DOC 374
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Administrative confinement of Type 1 facility youth who pose a significant risk of harm to self or others, escape, or causing a disturbance.
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DOC 375
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The process of placing a Type 1 facility youth in observation status when the youth is suspected of being mentally ill and a danger to self or others, is exhibiting acute mental distress, or has a communicable disease.
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DOC 376
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Rules to be followed by Type 1 facility staff and youth in maintaining institution security and safety.
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DOC 379
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Youth resources while placed in Type 1 facilities including communication (mail, phone, visits), property, activities, health and diet, religious practice, and other living conditions.
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DOC 380
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Youth complaint procedure in Type 1 facilities under which youth complaints may be investigated and resolved.
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DOC 381
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Temporary release of youth from a Type 1 facility for furloughs, offgrounds activities, and trial visits.
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DOC 383
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Administration of psychotropic medication to youth in a Type 1 facility.
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DOC 392
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Rules for a drug testing program to be administered for delinquent youth by the State or by county departments as required by s. 938.34 (6s), Stats.
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DOC 393
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Juvenile aftercare provided by the State and by county departments for youth released from Type 1 facilities.
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DOC 394
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Designation of certain child caring institutions (CCIs) as Type 2 CCIs, and the treatment of youth who are placed in Type 2 CCIs by the juvenile court as required by s. 938.359 (6), Stats.
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DOC 396
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Supervision of youth placed in Type 2 correctional supervision in the community by the department.
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DOC 397
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Supervision programs for delinquent youth provided by county departments.
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DOC 398
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Rules for county intensive supervision programs, required by s. 938.534 (2), Stats.
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DOC 399
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Training of juvenile court intake workers as required by s. 938.06 (1) (am) and (2) (b), Stats.
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Initial Regulatory Flexibility Analysis
The proposed rules primarily affect the operations of the Department of Corrections' institutional and field supervision services for delinquent youth. They also affect county courts and human/social service agencies' juvenile delinquency programs. The rules do not affect small business.
Fiscal Estimate
The proposed rules will have no fiscal impact on any State or local unit of government.
Copies of Proposed Rule and Contact Information
Paper or electronic medium copies of one, some, or all of the rules listed above may be obtained without charge in one of four ways:
1. Visit the Department of Corrections Web site at [
www.wi-doc.com]and click on the link to Division of Juvenile Corrections administrative rules information, which will provide links to copies of each administrative rule, which may be downloaded and printed;
2. Send a written request to:
Division of Juvenile Corrections
Attention: Jamie Wertel
149 East Wilson Street
P. O. Box 8930
Madison, WI 53708-8930
3. Call Jamie at (608) 266-9953; or
In your request, please specify the DOC number of the rule(s) requested, whether you want to receive a paper copy or an electronic medium document (Word 7.0), and the address to which the rule(s) should be sent. (Please include an electronic mail Internet address if you request a Word 7.0 copy of a rule.)
Notice of Hearing
Crime Victims Rights Board
Notice is hereby given that the Crime Victims Rights Board will hold a public hearing at the State Capitol, Senate Room 330SW, in the city of Madison, Wisconsin on the 9th day of November, 1999, at 1:00 p.m., to consider the creation of ch. CVRB 1, pursuant to s. 950.09(5), Stats., and interpreting ss. 950.09 and 950.095, Stats., relating to the review of complaints alleging violations of the rights of crime victims. Chapter CVRB 1, was adopted as an emergency rule effective September 17, 1999.
Analysis Prepared by the Crime Victims Rights Board
Statutory Authority: s. 950.09(5)
Statutes Interpreted: ss. 950.09 and 950.095
Under the proposed chapter, a party that has been involved in efforts by the Wisconsin Department of Justice (“Department") to resolve a complaint alleging violations of the rights of a crime victim may, once the Department has completed its efforts on the complaint, seek review of the complaint before the Crime Victims Rights Board (“Board"). The Board may implement various remedies if it concludes that a violation of the rights of a crime victim has occurred. The Board also has authority to issue reports and recommendations concerning the securing and provision of crime victims' rights and services.
If the complaint is brought by a victim, or with a victim's signed consent, the Board may consider one or more of the remedies provided by s. 950.09(2), Stats. In reviewing such complaints, the Board must make a probable cause determination before beginning any investigation or pursuing any of the authorized remedies. If the Board finds probable cause, it may conduct an investigation on the complaint. A hearing may be held at the request of either party or the Board. The Board, its designee, or a hearing examiner may conduct the hearing. Following the hearing, the Board will issue a written decision including findings of fact and conclusions of law. A party that is adversely affected by the Board's decision may request rehearing and may also seek judicial review of the Board's decision under the provisions of ch. 227, Stats.
If a complaint is not submitted by a victim or with a victim's signed consent, the Board may investigate the complaint and may issue a report or recommendation based upon the complaint under s. 950.09(3), Stats.
Text Of Rules
Chapter CVRB 1
RIGHTS OF CRIME VICTIMS
CVRB 1.01 Purpose. The purpose of this chapter is to establish procedures for the review of complaints made to the crime victims' rights board. This chapter interprets the provisions of ss. 950.09 and 950.095, Stats., and also interprets the provisions of ch. 227, Stats., concerning the conduct of proceedings under this chapter.
CVRB 1.02 Definitions. In this chapter:
(1) “Board" means the crime victims' rights board.
(2) “Chairperson" means the chairperson of the board.
(3) “Complainant" means the individual filing a complaint with the board.
(4) “Complaint" means a written, sworn complaint made to the board regarding a violation of the rights of a crime victim.
(5) “Department" means the department of justice.
(6) “Involved party" means an individual who participated in the mediation process as provided in s. 950.08(3), Stats.
(7) “Mediator" means an employe of the department who has sought to mediate or has actually mediated a complaint made to the department as provided in s. 950.08(3), Stats.
(8) “Party" means the complainant, the respondent, or both.
(9) “Probable cause" means a reasonable basis for belief, supported by facts, circumstances, and reasonable inferences strong enough to warrant a prudent person to believe that a violation probably has been or is being committed as alleged in the complaint.
(10) “Respondent" means the individual identified in the complaint as the subject of the complaint.
(11) “Victim" has the meaning given in s. 950.02(4)(a), Stats.
CVRB 1.03 Delegation of responsibilities. The board may delegate its responsibilities in ss. CVRB 1.05 to 1.07 to an appropriate designee.
CVRB 1.04 Filing. (1) All written statements of a party's position submitted to the board, including but not limited to the complaint and the answer, shall be signed by the person preparing the statement. A party shall verify that the contents of each filing submitted by that party or on that party's behalf are true and correct to the best of the party's knowledge and shall sign the filing.
(2) All complaints shall be prepared on a complaint form obtained from the mediator. The completed complaint shall be returned to the board at the address provided on the form.
(3) A complaint may be filed by any involved party. The board may not take any action provided by s. 950.09(2), Stats., other than seeking equitable relief as provided by s. 950.09(2)(c), Stats., unless the complaint is filed by a victim or a victim has signed the complaint indicating that he or she consents to the filing of the complaint by the involved party.
(4) The board may consider issuing a report or recommendation as provided by s. 950.09(3), Stats., in response to a complaint filed by an involved party without endorsement by a victim. The board may consider a complaint filed under this subsection, and may issue a report or recommendation as provided by s. 950.09(3), Stats., without making a probable cause determination.
(5) The board may consider complaints alleging violations of victims' rights that occurred on or after December 1, 1998. The board may not consider alleged conduct that occurred more than three years from the date the complainant knew or should have known of a violation of the rights of a victim. The board may consider issuing reports or recommendations as provided by s. 950.09(3), Stats., relating to conduct that occurred prior to December 1, 1998 or more than three years before a complaint was filed with the board or the board was otherwise notified of the conduct.
CVRB 1.05 Probable cause determination. (1) Upon receipt of the complaint, the board shall contact the mediator and request verification that the substance of the complaint has been presented to the department and that the department has completed its action as required by ss. 950.08(3) and 950.09(2), Stats.
(2) If the substance of the complaint has not been presented to the department, the board shall advise the complainant of the complainant's obligation to present the substance of the complaint to the department before filing a complaint with the board.
(3) If the department has not completed its action as provided in s. 950.08(3), Stats., the board shall return the complaint form to the complainant and shall advise the complainant that the board cannot review the complaint until the department has completed its action.
(4) If the department has completed its action as provided in s. 950.08(3), Stats., the mediator shall provide the board with information on the mediation process and its outcome. This information may take the form of a memorandum, other written documentation, or both.
(5) A complaint that names an employee of the department as a respondent need not be presented to the department before being presented to the board.
