REVISED STATEMENT OF SCOPE
DEPARTMENT OF CORRECTIONS
This revised statement of scope modifies, SS 057-19, which was approved by the Governor on June 14, 2019, published in Register No. 762B, on June 24, 2019, and approved by Department of Corrections Secretary Carr on September 3, 2019, relating to Chapter DOC 376, Security in Type 1 Secured Correctional Facilities.Rule Number: DOC 376
Relating to: Ch. DOC 376, Security in Type I Secured Correctional Facilities and Ch. DOC 374, Administrative Confinement in Type 1 Secured Correctional Institutions Rule Type: Permanent
1. DETAILED DESCRIPTION OF THE OBJECTIVE OF THE PROPOSED RULE.
The objective of the rule is to review the entire chapter of DOC 376 to reflect changes in the law and changes in the operations and practices of the department as they affect security in Type 1 juvenile correctional facilities, and to review and update language to reflect best practices for managing youth behavior and promoting facility security, and to include non-punitive involuntary confinement of youth in a Type 1 secured correctional facility.
The objective of the rule is to also review Chapter DOC 374 to determine if the changes that may be made to Chapter DOC 376 would render Chapter DOC 374 duplicative and obsolete, and if so, then repeal the entire rule chapter of DOC 374. 2. DESCRIPTION OF EXISTING POLICIES AND NEW POLICIES INCLUDED IN PROPOSED RULE AND AN ANALYSIS OF POLICY ALTERNATIVES.
The current rule chapter of DOC 376 outlines the department’s primary security objectives as being to protect the public, staff and youth and to afford youth a safe setting to participate in activities that prepare them to be successfully reintegrated into the community.
The department needs to review the current rule of DOC 376 for changes to reflect system upgrades and current best practices for managing youth behavior including as they are related to room confinement, OC-Spray and other chemical agents, mechanical restraints, and strip searches.
The department's philosophy surrounding administrative confinement has evolved significantly to further align with juvenile focused best practices and national standards. As a result of the proposed changes to DOC 376, DOC 374 may become obsolete, which would necessitate the DOC to repeal the chapter as it updates DOC 376.
Current policies and procedures allow for the use of punitive room confinement, OC-Spray and other chemical agents, mechanical restraints, and strip searches.
Updates to the rules would reflect current best practices for managing youth behavior.
There are no alternative means to address the need for revisions as discussed above.
3. STATUTORY AUTHORITY.
Section 227.11 (2): Rule-making authority is expressly conferred on an agency as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non-statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section 301.02: The department shall maintain and govern the state correctional institutions. Section 301.025: The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538. Section 301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s. 303.01. Section 938. 48 (16): Standards for Services. (a) Based on research into effective correctional programs and practices, establish and enforce standards for services for juveniles under the supervision of the department under s. 938.183, 938.34, or 938.345. (b) Promulgate rules governing services and programming for juveniles in a secured residential care center for children and youth. The department shall include uniform data reporting standards for counties or Indian tribes that operate or contract with a child welfare agency for a secured residential care center for children and youth in rules promulgated under this paragraph. The department shall base the rules it promulgates under this paragraph on the recommendations provided by the juvenile corrections study committee under 2017 Wisconsin Act 185, section 110 (6) (c) 1. 4. ESTIMATE OF AMOUNT OF TIME THAT STATE EMPLOYEES WILL SPEND DEVELOPING THE RULE AND OTHER RESOURCES NECESSARY TO DEVELOP THE RULE.
The Department estimates that it will take approximately 3000 hours to develop this rule, including drafting the rule, cost estimates, public hearings, and complying with rule making requirements.
