Notice is hereby given that pursuant to ss. 46.056 (1) and 227.11 (2), Stats., the Department of Health and Family Services will hold a public hearing to outline the revisions in procedures for the resolution of complaints of inmates of the Wisconsin Resource Center (WRC), contained in ch. HFS 97.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
November 20, 2000 Conference Room B145
Monday State Office Building
10:00 a.m. One West Wilson St.
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Dept. of Health and Family Services
This order revises procedures for the resolution of complaints of inmates of the Wisconsin Resource Center.
Effective January 1, 1990, the Department's former Division of Corrections became the Wisconsin Department of Corrections, but the Wisconsin Resource Center (WRC), even though a correctional institution, remained under the administration of the Department's Division of Care and Treatment Facilities. The WRC provides psychological evaluations, specialized learning programs, training and supervision for inmates transferred from other correctional institutions because of serious behavioral problems they have exhibited at their institutions, and whose mental health programming needs can be met by the WRC.
In 1990, the Department of Corrections established a process by which inmates of adult correctional institutions may file complaints and have them expeditiously investigated and decided. The procedures are specified in ch. DOC 310.
Periodically, inmates are transferred for treatment to the WRC. Occasionally, an inmate transferred to WRC will have an outstanding grievance that was initiated when the inmate was at the inmate's DOC facility. In addition, an inmate receiving treatment at the WRC may initiate a grievance while at WRC. To ensure continuity of the handling of grievances between DHFS and DOC, since 1990 the Department has maintained an inmate complaint resolution process in ch. HFS 97 that is virtually the same as that specified by the Department of Corrections in ch. DOC 310.
Effective May 1, 1998, the Department of Corrections sought to improve how its inmate complaint review system works by significantly modifying ch. DOC 310. The changes included the following:
• Permitting institution complaint examiners to reject complaints they determine are frivolous.
• Limiting the number of complaints an inmate may file to 2 complaints in a calendar week.
• Requiring the Department to make the written complaint procedures available to all inmates.
• Permitting the institution complaint examiner to accept late complaints for good cause.
• Generally prohibiting inmates from using language that is profane, obscene, abusive or threatens others when filing a complaint.
• Permitting the Secretary to extend the timelines for cause and upon notice to the inmate and all interested parties.
• Permitting the Department to reveal the identity of complainants and the nature of the complaints to the extent reasonable and appropriate for thorough investigation and implementation of the remedy.
• Removing language that permits the corrections complaint examiner to order an evidentiary hearing.
• Requiring that all records of an inmate complaint be kept for at least 3 years after disposition of the complaint.
Given that the Department of Corrections made a variety of changes to its grievance process in 1998, DHFS is proposing to make comparable changes to ch. HFS 97 so that ch. HFS 97 is, once again, consistent with ch. DOC 310. These revisions to ch. HFS 97 will ensure that the same process will be available to inmates, whether they are at a Department of Corrections institution or at the WRC.
Copies of Rule and Contact Information
To find out more about the hearing or to request a copy of the proposed rules, please write or phone:
Linda Harris
Division of Care and Treatment Facilities, Room 850
P.O. Box 7851
Madison, WI 53707-7851
Telephone: (608) 267-7909 or,
if you are hearing impaired, (608) 266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please write, e-mail or phone:
Steve Spanbauer
Wisconsin Resource Center
1505 North Drive
P.O. Box 16
Winnebago, WI 54985-0016
Telephone : (920) 426-4310
If you are hearing- or visually-impaired, do not speak English, or have other personal 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 rule received at the above address no later than Friday, November 24, 2000 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rule revises the inmate complain process at the Wisconsin Resource Center. Any costs associated with changes in the process will be absorbed within existing resources at Wisconsin Resource Center. There will be no fiscal effect as a result of this rule.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.889 and 227.11, Stats., interpreting ss. 29.177, 29.181, 29.361 and 29.889, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 1, 10, 12 and 19 , Wis. Adm. Code, relating to deer hunting and the wildlife damage abatement and claims program. The following proposals would establish a new deer season framework for 2001 and beyond:
1. Create a permanent 4-day December antlerless deer season.
2. Begin the early archery season on the Saturday closest to September 15.
3. End the early archery season on the Thursday before Thanksgiving.
4. Begin the late archery season on the Monday after Thanksgiving.
5. End the late archery season on the Saturday closest to January 15.
6. Extend the muzzleloader season by 3 days.
7. Establish a one-day youth gun deer hunt the Saturday closest to October 24.
The proposed rule also establishes a statewide protocol for deer herd control seasons as follows:
1. Adds a 4-day antlerless only gun season beginning on the Thursday nearest October 22 if the season structure outlined above is not expected to bring a deer herd within 20% of the established population goal for a deer management unit.
2. Adds a earn-a-buck requirement to the season structure after 2 years of herd control seasons if the season structure outlined above in not expected to bring a deer herd within 20% of the established population goal for a deer management unit.
3. Eliminates the requirement of public meetings in the affected units and Natural Resources Board approval.
4. Expands the herd control authority from only farmland units to all deer management units.
The proposed rule adds criteria to be considered by the Department when establishing deer population goals for deer management units including:
1. Hunter success in harvesting and seeing deer and public deer viewing opportunities, hunter access to private land, and ability to keep herds in a deer management unit at goal are factors to be considered when establishing goals. These additional criteria along with the 6 current criteria in s. NR 1.15(2) would be considered when establishing deer population goals.
2. Establishes tolerable standards of agricultural damage and requires the Department to reduce goals when damage exceeds the standards for 2 of 3 years between unit reviews, when the herd was at goal, during the review period, unless a goal reduction is not expected to alleviate intolerable levels of deer damage.
Finally, the proposed rule involves modifications to the current wildlife damage and abatement claims program that require farmers enrolled in the wildlife damage and abatement claims program in a given year who experience $1,000 or more damage in that year be automatically issued a shooting permit by January 31 the following year. They are then required to meet a harvest objective of 80% of the harvest quota by September 15 in order to qualify for benefits of the wildlife damage abatement and claims program in the following year.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearings will be held on:
December 4, 2000 Basement Meeting Room
Monday DNR Spooner Service Center
at 7:00 p.m. 810 W. Maple
Spooner
