Michigan rules require that inmate classification be determined by a committee at each institution. (Mich. R. 791.4401(3)). Wisconsin rules require that inmate classification is determined by a hearing.
Michigan rules permit an inmate who objects to a reclassification decision to file a grievance. (Mich R. 791.4401(4)). Similarly, Wisconsin rules permit inmates to request administrative review of classification decisions.
Michigan rules permit designation of an inmate to community status after serving a minimum sentence imposed by the court. Prison officials determine community status by reviewing the inmate’s classification level, sentence, assaultive risk, health care needs, pending charges, or other special designation by the department. (Mich. R. 791.4410(1) & (2)). Wisconsin does not have a similar rule.
4. Minnesota
Minnesota statues permit recordkeeping for inmate participation in substance abuse treatments. (MSA s. 241.416). Minnesota rules create procedures for determining an inmate’s sentence and release. (MN ADC 2940.1500). Inmates with indeterminate sentences may request a release date adjustment. Minnesota rules create a program review team tasked with reviewing requests and making recommendations to an executive officer of hearings for an inmate’s release. (MN ADC 2940.1500).
Minnesota rules create a procedure to calculate an inmate’s loss of good time or extension of imprisonment for disciplinary infractions. (MN ADC 2940.1600). The procedures are based upon an inmate’s sentence structure and projected release date. Wisconsin similarly has rules in place to determine sentencing guidelines based upon sentence structure and adjustments based upon extensions for misconduct.
H. Summary of the factual data and analytical methodologies that DOC used in support of its determination of the rule’s fiscal effect on small businesses under s. 227.114, Stats: 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. I. Analysis and supporting documents that the department of corrections used in support of the department's determination of the proposed rule’s effect on small businesses or that was used when the department of corrections prepared an economic impact report: Not applicable.
J. A copy of any comments and opinion prepared by the Baord of Veterans Affairs under s. 45.03 (2m), Stats., for rules proposed by the Department of Veterans Affairs: Not Applicable. K. Effect on small businesses: Not applicable.
L. Agency contact person:
Mark Heise, Director
Bureau of Offender Classification and Movement
Department of Corrections
PO Box 7925
Madison, WI 53707-7925
M. Place where comments are to be submitted and deadline for submission: Written comments on the proposed rule will be accepted and receive consideration if they are received by a date to be determined and published when the DOC submits its notice of hearing on this proposed rule. Written comments should be addressed to: Glen A. Mercier II, DOC, P.O. Box 7925, Madison, WI 53707-7925, by email: DOCAdministrativeRulesCommittee@wisconsin.gov; or by phone at (608) 240-5309. TEXT OF RULE
SECTION 1. Chapter DOC 302 is repealed and recreated to read:
INMATE CLASSIFICATION, SENTENCE, AND RELEASE PROVISIONS
Subchapter I – General Provisions
DOC 302.01 Applicability
DOC 302.02 Purpose
DOC 302.03 Definitions
DOC 302.04 Emergency suspension of rules
DOC 302.05 Prison population limits
DOC 302.06 Institution Security levels
Subchapter II – Inmate Classification
DOC 302.07 Applicability
DOC 302.08 Inmate Custody
DOC 302.09 Custody levels
DOC 302.10 Relationship of inmate custody classification to institution security levels
DOC 302.11 Factors in assigning a custody classification
DOC 302.12 Requirements for assigning minimum or community custody to an inmate serving a life sentence
DOC 302.13 Program need assignment
DOC 302.14 Program enrollment
DOC 302.15 Initial classification and reclassification personnel
DOC 302.16 Initial classification procedure
DOC 302.17 Reclassification procedure
DOC 302.18 Subsequent action
DOC 302.19 Administrative review of a classification decision
DOC 302.20 Transfers
DOC 302.21 Recordkeeping
Subchapter III – Sentence and Release Provisions
DOC 302.22 Sentence computation
DOC 302.23 Ambiguity in sentence
DOC 302.24 Sentence credit
DOC 302.28 Discretionary release for parole violators
DOC 302.29 Extended supervision violators.
DOC 302.30 Revocation of probation.
DOC 302.31 Effect of escape on sentence.
DOC 302.32 Waiver of good time, mandatory release, or release to extended supervision.
DOC 302.34 Special action release program
DOC 302.35 Certain earned release
DOC 302.36 Positive adjustment time
DOC 302.37 Sentence adjustment.
DOC 302.38 Challenge incarceration program
DOC 302.39 Earned release program.
DOC 302.40 Risk reduction sentence
DOC 302.41 Extraordinary health condition or geriatric petitions.
