STATEMENT OF SCOPE
DEPARTMENT OF CORRECTIONS
This revised statement of scope modifies, SS 088-19, which was approved by the Governor on August 16, 2019, published in Register 764A3, on August 19, 2019 and approved by Secretary Carr on September 20, 2019, relating to youth conduct in type 1 secured correctional facilities. Relating to: Youth Conduct in Type 1 Secured Correctional Facilities
Rule Type: Permanent
1. DETAILED DESCRIPTION OF THE OBJECTIVE OF THE PROPOSED RULE.
The objective of the rule is to review the entire chapter to reflect changes in the operations and practices of the department as they affect youth conduct in Type 1 secured correctional facilities and update language to reflect current best practices for managing youth behavior and system upgrades.
The objective of the rule is also to promote pro-social behaviors, to provide clear messaging regarding expectations for youth behavior for both youth and staff, and to create a system of graduated responses to non-compliant behaviors. These additional objectives broaden the scope of the rule to include treatment and programming to help address non-compliant behaviors.
2. DESCRIPTION OF EXISTING POLICIES AND NEW POLICIES INCLUDED IN PROPOSED RULE AND AN ANALYSIS OF POLICY ALTERNATIVES.
The current rule chapter provides for rules governing the conduct of youth in Type 1 secured correctional facilities operated by the department and for the discipline of youth who violate those conduct rules. The department needs to review the current rule for changes to reflect system upgrades and current best practices for managing youth behavior including addressing punitive room confinement as current policies and practices allow for utilization of punitive room confinement. The department will be reviewing, updating, and identifying alternative dispositions for discipline of youth who violate conduct rules.
The revised rule will broadly define principles and methods employed by the facility to help youth achieve pro-social behavior and address non-compliant behaviors in a therapeutic and safe manner. The guidelines set forth by the revised rule will seek to: provide for treatment and programs youth need to learn problem solving skills and overcome thinking errors and past traumas, foster positive relationships between youth and staff, ensure a safe and humane facility environment for youth and staff, and ensure a consistent and clear message about behavioral expectations for both youth and staff.
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. (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.
5. LIST WITH DESCRIPTION OF ALL ENTITIES THAT MAY BE AFFECTED BY THE PROPOSED RULE.
This rule will affect youth under the department supervision as well as department staff.
6. SUMMARY AND PRELIMINARY COMPARISON WITH ANY EXISTING OR PROPOSED FEDERAL REGULATION THAT IS INTENDED TO ADDRESS THE ACTIVITIES TO BE REGULATED BY THE PROPOSED RULE.
There are no federal regulations which address the issue current best practices for managing youth behavior in a secured correctional facility in Wisconsin. However, federal standards set by the Juvenile Justice and Delinquency Prevention Act (JJDPA) includes the following provisions which may affect best practices for managing youth behavior in a secured correctional facility.
Juvenile Justice and Delinquency Prevention Act (JJDPA)
34 U.S.C. § 11133(a)(7)(B)(ii)
(B) contain-- (ii) a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency;
