Register

(a) The purpose of the review.

(b) The staff comments regarding custody classification, program or treatment assignments, and institution placement.

(4) The inmate may present additional information and state an opinion about the custody classification, program or treatment assignment, or institution placement at the PRC interview. The inmate may present the additional information in writing if the inmate is unavailable for the PRC interview.

(5) The program review chairperson may suspend the program review in order to investigate any issue affecting custody classification, institution placement and program or treatment assignment.

(6) Each member of the committee shall have one vote. A recommendation for a change in custody classification, transfer, or institution placement requires a unanimous vote. If the vote is not unanimous, the classification specialist shall refer the decision to the classification section chief and the warden for a recommendation. If they are not able to agree, the classification section chief shall refer the case with comments to the director, who will make the decision. A recommendation for program or treatment assignment requires a majority vote.

(7) The committee shall consider as factors in assigning custody classification those stated in s. DOC 302.07. In addition, the criteria under s. DOC 302.08 shall apply to the custody classification of inmates serving a life sentence. Factors other than those in ss. DOC 302.07 and 302.08 may be considered to preserve the security and safety needs of inmates, staff, facilities or community.

(8) The committee's recommendation for custody or transfer requires approval of the director.

(9) The PRC may use written comments, telephone conference calls, video or other electronic devices or medium for program review.

(10) The classification specialist shall give the program review decision to the inmate in writing.

DOC 302.18 Appeals. (1) An inmate may appeal procedural issues relating to custody classification, transfer, institution placement, and program or treatment assignment to the director within 30 days of the inmate's receipt of the written decision.

(2) The director shall respond to an appeal within 30 days following written receipt of the appeal.

DOC 302.19 Transfers. (1) The director may transfer an inmate to any facility authorized by the department.

(2) The director may transfer an inmate based solely on the availability of beds and security needs of the department.

(3) When an inmate is removed from an institution for a medical, clinical, or security emergency, the inmate may be segregated from the general inmate population. If the department is unable to do so, the inmate may be transferred to a county jail or other confinement facility pending the results of the disciplinary hearing or review of the inmate's custody classification and program assignment. If the jail or other facility is unable or unwilling to retain an inmate, the inmate may be transferred to another placement pending the placement in an institution within the department.

(4) If an inmate is not transferred in accordance with s. DOC 302.17, the department shall review the custody and institution placement as provided under s. DOC 302.17 within 10 working days following the decision that prompted the transfer.

(5) Notwithstanding s. DOC 302.17, when the PRC screens an inmate to determine eligibility for transfer to another institution, or decides to transfer the inmate to another institution, the inmate is not entitled to know the criteria or factors upon which the decisions are based if the department determines that release of the criteria would threaten the security of the prison system.

DOC 302.20 Recordkeeping. (1) The director, section chief or a classification specialist may record information concerning an inmate between regularly scheduled PRC regarding:

(a) Program or treatment assignments.

(b) Progress of program or treatment assignment.

(c) Physical health.

(d) Mental health.

(e) Conduct and adjustment.

(f) Placement.

(g) Custody level.

(2) The classification specialist shall provide the inmate a copy of the record and shall permit the inmate to provide information at the next regularly scheduled program review.

DOC 302.205 Emergency suspension of rules. The secretary may temporarily suspend the rules specified in this chapter if the warden determines that there is a disturbance or an emergency.

Appendix

Note: DOC 302.05. Section DOC 302.05 identifies the five custody classifications used in Wisconsin. Each of the five categories reflect the different level of risk portrayed by the inmate based on the purpose of custody classification as explained in s. DOC 302.04 and assessed on each of the factors presented in ss. DOC 302.07 and 302.08. Each institution determines its own method for day to day supervision to respond to the risk presented by the inmate's behavior, conduct and activities.

Note: DOC 302.11. Among the objectives of the correctional system are protection of the public through appropriate correctional supervision and the reassimilation of the inmate into the community. These require an assessment of the inmate's needs and objectives, assignment to an appropriate institution and program, motivation of the inmate, and periodic review of the inmate's progress. The A&E process is the initial effort to orient, classify and assign inmates in the Wisconsin correctional system. Its purposes are stated in s. DOC 302.11.

Note: DOC 302.17. Section. DOC 302.17 states the procedure and decision making authority for decisions concerning the ongoing academic, vocational, medical, clinical, social, offense-related or other treatment needs of an inmate. The authority of staff to classify and transfer inmates is broad.

To ensure a fair, informed decision, the process has the following elements:

1. A decision-making process that involves staff who are most informed about the inmate.

2. Centralized decision-making for the whole correctional system.

3. An opportunity for the inmate to be heard on the issues being addressed.

4. A written explanation of the decision provided to the inmate.

5. An appeal process (s. DOC 302.18).

Note: DOC 302.19. This section is intended to cover inmate transfers among state prisons, federal institutions, or a facility otherwise deemed appropriate, as well as inmate transfers to facilities located outside the state of Wisconsin.

Initial Regulatory Flexibility Analysis:

These rules are not expected to have an effect on small businesses.

Fiscal Estimate:

The Department of Corrections is proposing to repeal and recreate ch. DOC 302 relating to the classification, assessment and evaluation (A&E), and program review of inmates. While addressing the needs of the Department, including internal restructuring and reorganization, this rule change also retains and strengthens inmate involvement in the classification process, including the assignment of custody, program and placement. In general, the processes are streamlined, require fewer mandatory reviews, and provide options for dealing with emergencies and situations when the offender is not accessible. Specific changes include, but are not limited to:

• Clearly establishing that custody classification is defined by an inmate's level of risk;

• Requiring that A&E be done as expeditiously as possible instead of the current six week timeframe;

• Providing that A&E reviews be conducted by a classification specialist with the assistance of other staff as needed and removes the requirement that A&E be conducted by a committee comprised of not less than three permanent members, and;

• Providing a simplified program review process by reducing the committee membership and allowing the offender to deal directly with the committee rather than a social worker.

Although these rule changes are not expected to have a fiscal impact on the Department, the proposed changes are expected to reduce workload and streamline processes for already overburdened staff.

Contact Person:

Julie M. Kane [phone]

Office of Legal Counsel

149 East Wilson Street

P.O. Box 7925

Madison, Wisconsin 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 April 30, 2001 will be given the same consideration as testimony presented at the hearing.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01-30]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (h), 26.35, 28.07 and 227.11 (2), Stats., interpreting ss. 26.35 and 28.07, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of s. NR 1.212 (1) and (2), Wis. Adm. Code, relating to private forestry priorities for assistance and amendment of s. NR 1.213 (3) (b) and (d), Wis. Adm. Code, relating to the cooperating forester program.

Section NR 1.212 provides guidance in setting priorities followed by DNR foresters when scheduling fieldwork with over 10,000 private landowners annually. The rule is necessary because demand for assistance far exceeds available staff time. The revised rule establishes initial management guidance to landowners, timber harvest advice, referrals to cooperating private foresters for timber harvest marking, forestry incentives program administration, and landowner education among the highest priorities. Less emphasis would be placed on providing complex or detailed services that may be available from private enterprise or on practices that are not mandatory under the forest tax programs. These changes are designed to make more efficient use of DNR staff time and to integrate state forestry services more closely with assistance available from private enterprise and other groups in order to serve as many landowners as practical.

In addition to providing private forestry assistance through DNR staff, the Department promotes services of private and industrial foresters to landowners seeking help. Commercial foresters who apply and agree to follow the management guidelines and minimum training requirements of the Cooperating Forester Program are included. Currently, cooperators agree to follow DNR forestry standards only on work coming directly from DNR referrals, with a possibility of lower standards elsewhere. The rule will also raise the minimum continuing forestry education requirement for cooperators from 6 to 10 hours per year in an additional effort to improve quality.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting foresters and industrial foresters

b. Description of reporting and bookkeeping procedures required: No new requirements

c. Description of professional skills required: No new skills. However, cooperating foresters are required to apply DNR approved silviculture guidelines in all their work. Participation in the cooperating forestry program is entirely voluntary.

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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

April 11, 2001 Wednesday	Pinery Room Portage County Library 1001 Main Street Stevens Point   at 1:00 p.m.
April 12, 2001 Thursday	Large Conference Room DNR Headquarters 1300 Clairemont Avenue Eau Claire   at 10:00 a.m.
April 19, 2001 Thursday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 1:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Paul Pingrey at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules may be submitted to Mr. Paul Pingrey, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than April 27, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules [FR-11-01] and fiscal estimate may be obtained from Mr. Pingrey.

Fiscal Estimate

There is no fiscal impact. The changes in work priorities will only redistribute available staff hours among services, not add services or costs. Regarding the Cooperating Forester Program, participants receive no remuneration and pay no fees.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01-07]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.505, 30.62 (2) (d) 2. and 3., 30.79 (2m) and 227.11 (2) (a), Stats., interpreting ss. 30.50 (2), 30.62 (2) (b), 30.635, 30.69, 30.77 and 30.79 (5), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 5.001, 5.125, 5.15 and 50.13, Wis. Adm. Code, relating to boating safety and enforcement. The proposed rule creates a definition for “boat" to include motorized fishing rafts which will then require the rafts to be licensed. This definition is consistent with federal law. Definitions are also being created for “public access" for the purpose of motorboat prohibitions on lakes 50 acres or less and “water skis, aquaplane or similar device" to include the technological advancements in the sport.

The proposed rule also adds another procedure for motorboat noise testing, creates a set of standards for local boating ordinances and clarifies the requirements that set a 40% cap on a municipal boat patrol's administrative expenses.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

April 24, 2001 Tuesday	Room 222 UW-Marathon Center 518 7th Avenue Wausau   at 10:00 a.m.
April 24, 2001 Tuesday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 3:00 p.m.
April 25, 2001 Wednesday	225 NW, State Capitol Madison   at 10:00 a.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call John Lacenski at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. John Lacenski, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than May 4, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LE-01-01] and fiscal estimate may be obtained from Mr. Lacenski.

Fiscal Estimate

There will be no net change in FTE hours or expenditure of new funds for these rule revisions. The change will only be in terms of method of enforcement tactic used and definition of terms within said rules. Wardens will use existing equipment and existing hours to enforce these rules.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01-11]