Small Business Impact
The rules are expected to result in only beneficial effects on small business because the rules only address tax-exempt private activity bonds that are designed to facilitate the recovery and rebuilding of areas which were declared major disaster areas in 2008.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Any business choosing to pursue tax-exempt private activity bonds that are designed to facilitate the recovery and rebuilding of areas which were declared major disaster areas in 2008.
Reporting, bookkeeping and other procedures required for compliance with the rules.
An application form prescribed by the Department must be completed and submitted to the Department.
Types of professional skills necessary for compliance with the rules.
No new professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Although the rules will newly result in review of documentation relating to designating applicants as eligible for Midwestern Disaster Area Bonds, the time needed for these reviews is expected to be spent by current employees. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.
The proposed rules are not expected to impose any significant costs on the private sector because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax-exempt private activity bonds for the recovery and rebuilding of areas which were declared major disaster areas in 2008.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Steven Sabatke, Wisconsin Department of Commerce, Bureau of Business Finance and Compliance, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 267-0762; e-mail
Steven.Sabatke@Wisconsin.gov.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Department of Corrections will hold public hearings to consider an emergency rule and proposed permanent rule revising Chapter
DOC 302, relating to changes in various statutory provisions relating to sentence calculations and prison release and to an administrative review of inmate classification decisions.
Hearing information
Date and Time Location
February 25, 2010 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
February 25, 2010 St. Croix Conference Rm., 1st Floor
2:30 p.m. Department of Administration
101 East Wilson Street
Madison, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email kathryn.anderson@ wisconsin.gov, telephone (608) 240-5049 by February 18, 2010.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, March 5, 2010. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email kathryn.anderson@ wisconsin.gov.
Analysis Prepared by Department of Corrections
Statutes interpreted
Sections 302.045 and 302.05, Stats., respectively, as amended by
2009 Wis. Act 28, ss.
2700 – 2712, § 302.113 (9g), as renumbered and amended by
2009 Wis. Act 28, ss.
2729j through
2738, 302.113 (2) (b), 304.06 (1) (bg) 1. and 2., as created by
2009 Wis. Act 28, ss.
2722 and
2751, s.
302.113 (9h), as created by
2009 Wis. Act 28, § 2739, §
973.031, as created by
2009 Wis. Act 28, § 3387t, §
302.042, as created by
2009 Wis. Act 28, s.
2699m, and s.
304.06 (1) (bg) 3. and 4., as created by
2009 Wis. Act 28, § 2751, and s.
301.03 (2), Stats.
Statutory authority
Explanation of agency authority
The Department of Corrections is responsible for supervision of inmates sentenced to Wisconsin prisons, including sentence calculations. Under
2009 Wisconsin Act 28, the legislature created several statutory provisions which affect the calculation of sentences. The Department is promulgating rules to address these changes. In addition, under s.
301.03, Stats., the Department is responsible for the supervision of inmates. As part of that supervision, the Department reviews inmates for appropriate custody level, facility placement, program needs, and education needs.
Related statute or rule
Sections 302.045 and 302.05, Stats., respectively, as amended by
2009 Wis. Act 28, ss.
2700 – 2712, s. 302.113 (9g), as renumbered and amended by
2009 Wis. Act 28, ss.
2729j through
2738, 302.113 (2) (b), 304.06 (1) (bg) 1. and 2., as created by
2009 Wis. Act 28, ss.
2722 and
2751, s.
302.113 (9h), as created by
2009 Wis. Act 28, § 2739, s.
973.031, as created by
2009 Wis. Act 28, s.
3387t, s.
302.042, as created by
2009 Wis. Act 28, s.
2699m, and s.
304.06 (1) (bg) 3. and 4., as created by
2009 Wis. Act 28, s.
2751Chapter
PAC 1, Wisconsin Administrative Code, which addresses release procedures for inmates, including those under
2009 Wisconsin Act 28.
Plain language analysis
The emergency rule and the proposed permanent rule amend chapter DOC 302 to bring it into compliance with significant changes made in sentence calculations and releases from prison under
2009 Wis. Act 28, including:
1. Creating definitions for the following terms: administrator, agent, assaultive activity, certain early release, detainer, extended supervision, positive adjustment time, projected extended supervision date, risk eligibility date, social worker, and victim.
2.
Creating DOC 302.33, DOC 302.34, and DOC 302.35, relating to positive adjustment time under 302.113 (2) (b), 304.06 (1) (bg) 1. and 2., as created by
2009 Wis. Act 28, ss.
2722 and
2751. Under these sections, an inmate may earn positive adjustment time (PAT) at three rates (1 for 2, 1 for 3, or 1 for 5.7) depending on the offense of which the inmate was convicted. The inmate may be eligible for PAT, which may result in modification of the term of confinement of the inmate's bifurcated sentence if the department determines that the inmate is not at a high risk of reoffending, the inmate has not received a major penalty under s.
DOC 303.68 (1), and the inmate has not neglected or refused to perform required or assigned duties. The inmate's term of extended supervision is extended by the PAT which results in early release. Thus, the overall length of the inmate's sentence is not changed.
3.
Creating DOC 302.36 and DOC 302.37, relating to sentence calculations under s.
304.06 (1) (bg) 3. and
4., as created by
2009 Wis. Act 28, § 2751, for an inmate who has been convicted under s.
973.01, Stats., following the inmate's having served at least 75% or 85% of the confinement time of a bifurcated sentence, depending on the classification of the crime. The inmate may petition the Earned Release Review Commission for release to extended supervision under this provision.
4.
Creating DOC 302.38 and DOC 302.39, relating to the challenge incarceration program and the earned release program under ss.
302.045 and
302.05, Stats., respectively, as amended by
2009 Wis. Act 28, ss.
2700 – 2712. The department had not previously had a rule provision addressing either of these two programs. The rule creates provisions which codifies the department's implementation of the programs and also update the provisions to reflect the legislative change which allows inmates who do not have AODA needs to participate.
5.
Creating DOC 302.40, relating to the risk assessment program under s.
302.042, as created by
2009 Wis. Act 28, s.
2699m. A Court may impose a risk reduction sentence if the offender agrees to participate in the risk reduction plan established by the department. The department is required to establish the plan, monitor the inmate's progress and participation in the plan, and evaluate the inmate's institutional conduct. If the department determines that the plan has been completed, the department will notify the sentencing court and the office of victim services. The department will release the inmate to extended supervision on or after the inmate's risk eligibility date when the inmate has completed the plan.
6.
Creating DOC 302.41, relating to the early release of certain inmates within 12 months of their release under s.
302.113 (9h), as created by
2009 Wis. Act 28, s.
2739. Eligible inmates may be released to extended supervision not more then 12 months before the extended supervision eligibility date.
7. Repealing and recreating DOC 302.18, relating the inmate requests for review of Department decisions concerning custody, institution placement, program needs, or treatment needs. The revised section clarifies the process for review of the decisions relating to classification.
Comparison with federal regulations
There are no federal regulations that regulate the activities addressed by the proposed rule.
Comparison of similar rules in adjacent states
Illinois:
Under 730 ILCS 5/3-6-3, the state of Illinois has provided for the early release of inmates on account of good conduct. Inmates are able to earn good conduct credit at the rate of 4.5 days of credit or 7.5 days of credit for each month of his sentence of imprisonment for certain very serious crimes. (For example, 1 for 4.5 crimes include: home invasion, armed robbery, and aggravated vehicular hijacking. 1 for 7.5 crimes include: gunrunning, narcotics racketeering, and drug-induced homicide.) For all other offenses, inmates are able to earn one day of good conduct credit for each day of the inmate's sentence of imprisonment. Good conduct credit may be revoked or lost following a due process determination by the Prisoner Review Board which is a citizen member board and which is independent of the IL DOC. Under 730 ILCS 5/5-8-1.1, Illinois has an Impact Incarceration Program which is similar to the Challenge Incarceration Program. It is not limited to individuals who have AODA needs but involves rigorous physical elements.
Iowa:
Under ICA s. 903A.2, each inmate is eligible to earn a reduction of sentence by the accumulation of “earned time." Inmates who receive category A sentences are able to earn credit at the rate of 1.2 days of credit for each day the inmate demonstrates good conduct and satisfactory participation in programs or placement. An inmate may be eligible for an additional reduction of sentence of up to 365 days of the full term of the sentence for exemplary acts. Inmates who receive category B sentences may receive 15/85 of a day for each day of good conduct. Under IA ADC s. 201.-20.18(904), Iowa has established a rigorous program called “violator/shock probation programs" which are aimed at individuals who are on community supervision and who have violated the conditions of supervision. The goal is avoid lengthy periods of incarceration.
Michigan:
Under MCLA 800.33, each inmate shall receive a reduction from his or her sentence. The rate of reduction depends on when the crime was committed (there is a statutory change in the rate for crimes which occurred prior 4/1/87) and what the crime was. An inmate may be eligible for good time credit, disciplinary credit, or special disciplinary credit. Special disciplinary credit is additional credit which an inmate may earn if the inmate has not had a major conduct violation and upon the recommendation of the institution disciplinary credit committee. If the credit is lost, it cannot be restored. An inmate cannot earn any of the three types of credit during a month during which the inmate incurred a major conduct report.
Minnesota:
Under Minnesota law, inmates convicted on or after August 1, 1993 are not eligible to earn good time sentence reduction credit. Under s.
244.171, MN Stats., the commissioner of corrections shall establish a challenge incarceration program.
Summary of the factual data and analytical methodologies
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.
Analysis and supporting documents that were used to determine effect on small business
Not applicable.
Small Business Impact
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
Assumptions used in arriving at fiscal estimate
Positive Adjustment Time (PAT)
This rule implements 2009 Wisconsin ACT 28 language that allows a new mechanism for release of inmates sentenced under bifurcated sentences from confinement to extended supervision (ES). The statutory language created Positive Adjustment Time (PAT) which measures the period of time in days that can be earned to reduce an inmate's period of confinement. PAT has three separate release tracks depending on eligibility as follows:
1. Inmates may be eligible to earn 1 day for every 2 days of confinement towards early release under the following provisions:
a. The inmate must have a non-violent misdemeanor conviction or a non-violent Class F-I felony conviction.
b. The Department has determined the inmate is “not" high risk for reoffending in the community.
c. The inmate must follow established prison rules and not refuse or neglect to perform assigned duties while confined.
d. The inmate has not received a major penalty while confined.
When an inmate has earned early release under this new PAT provision, DOC will notify the court within 90 days of release that the inmate qualifies for early release to ES and provide the court with a copy of the objective risk assessment and the inmates conduct report. The court has 30 days to schedule a hearing to determine release, deny release or change the release date to a date not longer then the original confinement portion on the bifurcated sentence. If the 30 days passes without the court scheduling a hearing, the inmate will be released to ES.
If the court decides to review the inmate for early release, a hearing will be scheduled and an order issued within 60 days. At the hearing the court has three options; 1) reject PAT and return the inmate to prison to serve the remaining confinement portion of the sentence before release to ES, 2) release the inmate to ES, or 3) order the inmate to begin serving the next sentence.
2. Inmates may be eligible to earn 1 day for every 3 days of confinement towards early release under the following provisions:
a. Inmates convicted of non-violent misdemeanor's or non-violent Class F-I felonies will not be eligible to earn PAT on the first track (1 day for every 2 days), if the Department has determined these inmates are at high risk of reoffending in the community. Instead these inmates will be eligible to earn PAT on the second track (1 day for every 3 days).
b. The inmate has a violent Class F-I felony conviction.
c. The inmate must follow established prison rules and not refuse or neglect to perform assigned duties while confined.
