Objective of the Rule
The purpose of the emergency rule is to amend the current rule to require all persons who are required to register as sex offenders under s.
301.45 to pay the annual fee which is used to partially offset the costs of monitoring registrants. The emergency rule also increases the annual rate to $100. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the collection of fees while permanent rules are being developed.
ORDER
Under the authority vested in the Department of Corrections by ss.
227.11 (2) and
301.45 (10), Stats., the Department of Corrections hereby amends the rule relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons who are required to register as sex offenders, as follows:
Statutory authority
Statutes interpreted
Plain language analysis
The purpose of the rule is to amend s.
DOC 332.19 to be consistent with s.
301.45 (10), Stats., as amended by
2007 Wisconsin Act 20, section
3132. Specifically, the emergency rule expands the requirement to pay the sex offender registration fee to all persons who are required to register, not just those who are required to register and are under the custody or supervision of the Department of Corrections. In addition, the emergency rule applies the collected sex offender registration fees to partially offset the costs of monitoring those persons required to register as sex offenders under 301.45, Stats., instead of partially offsetting the cost of supervising persons on probation, parole, or extended supervision. Finally, the emergency rule increases the annual fee from $50 to $100.
Text of Emergency Rule
DOC 332.19 (1)
Applicability. A person who is required to register as a sex offender under s.
301.45, Stats.
, and who is in the department's custody or who is on probation, parole, or extended supervision shall be charged a registration fee to partially offset the costs of monitoring
offenders
registrants.
(c) “Registrant" means a person required to register as a sex offender under s.
301.45, Stats.
(3) Fee. The sex offender registration fee shall be $50.00 $100.00 on an annual basis.
(4) Recording of registration fee. (a) Record all registration fees paid by an inmate or offender
a registrant.
(b) Provide the inmate or offender registrant access to a copy of the record of payments to verify receipt of payments.
(c) Advise the inmate or offender registrant of nonpayment of registration fees.
(5) Collection of registration fee. (a) 3. Provide the inmate or offender registrant with a copy of the sex offender registration fee payment procedures.
(b) The inmate or offender registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.
(6) (intro) Department action when an inmate or offender a registrant fails to pay registration fee. The department may use any of the following actions in any order when an inmate or offender a registrant fails to pay the sex offender registration fee:
Initial Regulatory Flexibility Analysis
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.114, Stats.
Fiscal Estimate
Summary
The emergency rule and related permanent rule proposal amend the administrative rule relating to the establishment of an annual sex offender registration fee from the current $50/per offender to $100/per offender, allows the Department to extend that fee to sex offenders who are no longer in the Department's custody or supervised by the Department, and allows the Department to use the revenue to pay expenses related to sex offenders who are no longer under the Department's supervision. Revenues will increase $607,500 for 1 year billings, $852,700 for 2nd year billings and $908,100 for 3rd year billings. Expenses will increase $60,600 for staff and mailing costs in FY9, $52500 in FY10 and $53,000 in FY11.
A complete copy of the fiscal estimate is available upon request.
WISCONSIN DEPARTMENT OF CORRECTIONS
PROPOSED RULE MAKING ORDER
The Wisconsin Department of Corrections proposes an order to amend DOC 332.19, relating to the sex offender registration fee to bring the rule into compliance with s.
301.45 (10), Stats., as amended by
2007 WI Act 20, section
3132.
Statutory authority
Statutes interpreted
Plain language analysis
The purpose of the rule is to amend s.
DOC 332.19 to be consistent with s.
301.45 (10), Stats., as amended by
2007 Wisconsin Act 20, section
3132. First, the newly amended s.
301.45 (10) expands the persons whom the department of corrections may require to pay an annual sex offender registration fee. Previously, the department was limited to assessing the fee only against those persons who were required to register and who were in its custody or under its supervision as a person on probation, parole, or extended supervision. The new law permits the department to require all persons who are required to register as a sex offender to pay an annual fee. The proposed rule expands the requirement to pay the sex offender registration fee to all persons who are required to register.
Second, the amended s.
301.45 (10), Stats., limits the use of the collected sex offender fees to partially offset the costs of monitoring sex offenders. Previously, the department was authorized to use the collected fees to partially offset the costs of monitoring those persons on probation, parole, or extended supervision, regardless of whether they were required to register as sex offenders. The proposed rule applies the collected sex offender registration fees to partially offset the costs of monitoring registrants.
Third, the legislature increased the maximum annual rate from $50 to $100. The proposed rule increases the annual fee to $100.
Text of Permanent Rule
(1)
Applicability. A person who is required to register as a sex offender under s.
301.45, Stats.
, and who is in the department's custody or who is on probation, parole, or extended supervision shall be charged a registration fee to partially offset the costs of monitoring
offenders
registrants.
(c) “Registrant" means a person required to register as a sex offender under s.
301.45, Stats.
(3) Fee. The sex offender registration fee shall be $50.00 $100.00 on an annual basis.
(4) Recording of registration fee. (a) Record all registration fees paid by an inmate or offender
a registrant.
(b) Provide the inmate or offender registrant access to a copy of the record of payments to verify receipt of payments.
(c) Advise the inmate or offender registrant of nonpayment of registration fees.
(5) Collection of registration fee. (a) 3. Provide the inmate or offender registrant with a copy of the sex offender registration fee payment procedures.
(b) The inmate or offender registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.
(6) (intro) Department action when an inmate or offender a registrant fails to pay registration fee. The department may use any of the following actions in any order when an inmate or offender a registrant fails to pay the sex offender registration fee:
Initial Regulatory Flexibility Analysis
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.114, Stats.
Fiscal Estimate
Summary
The emergency rule and related permanent rule proposal amend the administrative rule relating to the establishment of an annual sex offender registration fee from the current $50/per offender to $100/per offender, allows the Department to extend that fee to sex offenders who are no longer in the Department's custody or supervised by the Department, and allows the Department to use the revenue to pay expenses related to sex offenders who are no longer under the Department's supervision. Revenues will increase $607,500 for 1 year billings, $852,700 for 2nd year billings and $908,100 for 3rd year billings. Expenses will increase $60,600 for staff and mailing costs in FY9, $52500 in FY10 and $53,000 in FY11.
A complete copy of the fiscal estimate is available upon request.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of a proposed rulemaking order affecting Sections
Ins 6.79 and
8.10, Wis. Adm. Code, relating to advisory councils and committees.
Hearing Information
Date: July 21, 2008
Time: 10:00 a.m., or as soon thereafter as the matter
may be reached
Place: OCI, Room 227, 2nd Floor
125 South Webster Street, Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 679
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 679
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Agency Contact Persons
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
Phone: (608) 264-8110
