12. Agency contact person: Caitlin Washburn, Administrative Rules Coordinator, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (608) 240-5020; or by email: DOCAdministrativeRulesCommittee@wisconsin.gov. 13. 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 January 12th, 2021. Written comments should be addressed to: Administrative Rules Committee, c/o Caitlin Washburn, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: DOCAdministrativeRulesCommittee@wisconsin.gov.
TEXT OF RULE
SECTION 1. DOC 328.04 (3) (d) is repealed and recreated to read:
DOC 328.04 (3) (d) Participate in and comply with the requirements of programming recommended by the Department.
SECTION 2. DOC 328.04 (3) (j) and (k) are repealed.
SECTION 3. EFFECTIVE DATE. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22(2) (intro.), Stats. Date: Agency Head:
Kevin A. Carr, Secretary
Department of Corrections
WISCONSIN DEPARTMENT OF CORRECTIONS
REPORT FROM AGENCY
BASIS AND PURPOSE OF PROPOSED RULE
The Wisconsin Department of Corrections proposes an order to repeal DOC 328.04(3)(j) and (k) and to repeal and recreate DOC 328.04(3)(d), relating to adult field supervision.
(See PDF for image)GERMANE MODIFICATION TO PROPOSED RULE
Under s. 227.19(4)(b)4., Stats., an agency may modify a proposed rule following the committee review period if the modification is germane to the subject matter of the proposed rule. DOC has made two such modifications. First, the proposed rule no longer repeals Wis. Admin. Code § DOC 328.04(3)(e) which requires offenders to inform their agent of whereabouts and activities as directed. Second, the proposed rule no longer repeals Wis. Admin. Code § DOC 328.04(3)(o) which requires offenders to abide by all rules of any detention or correctional facility. These germane modifications delete these two parts of the prior proposed rule.
SUMMARY OF PUBLIC COMMENTS AND AGENCY RESPONSE
No public comments were received for this proposed rule.
MODIFICATIONS MADE TO THE PROPSOED RULE AS A RESULT OF PUBLIC COMMENT OR TESTIMONLY RECIEVED
None.
PERSONS APPEARING OR REGISTERING AT PUBLIC HEARINGS
A public hearing was held on January 12th, 2022 from 9:00 am – 10:00 am via Zoom and teleconference. No persons appeared or registered at this public hearing.
CHANGES TO RULE ANALYSIS AND FISCAL ESTIMATE
No changes were made to the rule analysis or the fiscal estimate and economic impact analysis.
RESPONSE TO LEGISLATIVE COUNCIL RULES CLEARINGHOUSE REPORT
Legislative Council Comment/Suggestion | Department Response |
In the caption for the proposed rule, the listing of repealed provisions should be revised to appear as “DOC 328.04(3)(e), (j), (k), and (o).” | Agree. Corrected. |
The department could consider combining Sections 2, 3, and 4 of the proposed rule into one section. When two or more subunits of the same rule section are affected by the same treatment, and any intervening subunits are unaffected, they may be included in the same section of the proposed rule. | Agree. Corrected. |
The department’s plain language analysis should add sufficient detail to enable the reader to understand the content of the rulemaking order, its relationship to current law, and the changes made in existing rules. In relation to one aspect, the plain language analysis states only that the rule repeals various administrative code provisions “to remove outdated or potentially onerous rule sections.” With respect to an additional provision, the analysis states that the rule “amends Wis. Admin Code. S. DOC 328.04(3)(d) to simplify the provision in an effort to increase offender compliance.” This description should be revised for a reader to understand, from this analysis, that the proposed rule eliminates certain standard rules of community supervision and modifies an additional standard rule of community supervision. A reader should be able to understand, from the analysis, which standard rules of community supervision the proposed rule would eliminate or why the department has these standard rules are “outdated or potentially onerous.” Similarly, a reader should be able to understand how, why, or with what, the proposed change to s. DOC 328.04(3)(d) would “increase offender compliance.” | Agree. Corrected. |
The Department’s proposed change to s. DOC 328.04(3)(d) should be revised to from a grammatically coherent statement. The proposed rule inserts the words “cooperate with” into this rule section, but also strikes references to “the department” and does not replace these references with any other entity with whom the offender shall “cooperate with.” As drafted, the proposed rule would direct an offender to “cooperate with…opportunities for programming.” An offender could conceivably cooperate with the department, an agent, or some other entity of person, but not with an opportunity. | Agree. Corrected. |
FINAL REGULATORY FLEXIBILITY ANALYSIS
The Department of Correction has determined that the rule will not have a significant economic impact on a substantial number of small business since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats.
(See PDF for image)
Wisconsin Legislative Council R U L E S C L E A R I N G H O U S E
(See PDF for image)Scott Grosz Anne Sappenfield
Clearinghouse Director Legislative Council Director
Margit Kelley
Clearinghouse Assistant Director
CLEARINGHOUSE RULE 21-104
[NOTE: All citations to “Manual” in the comments below are to the Administrative Rules Procedures Manual, prepared by the Legislative Council Staff and the Legislative Reference Bureau, dated November 2020.]
2. Form, Style and Placement in Administrative Code
a. In the caption for the proposed rule, the listing of repealed provisions should be revised
to appear as “DOC 328.04 (3) (e), (j), (k), and (o)”. [s. 1.01 (1) (Example), Manual.] b. The department could consider combining SECTIONS 2, 3, and 4 of the proposed rule into one SECTION. When two or more subunits of the same rule section are affected by the same treatment, and any intervening subunits are unaffected, they may be included in the same SECTION of the proposed rule. [s. 1.03 (2) (c) 2., Manual.] 5. Clarity, Grammar, Punctuation and Use of Plain Language
a. The department’s plain language analysis should add sufficient detail to enable the reader to understand the content of the rulemaking order, its relationship to current law, and the changes made in existing rules. [s. 1.01 (2) (b), Manual.] In relation to one aspect, the plain language analysis states only that the rule repeals various administrative code provisions “to remove outdated or potentially onerous rule sections”. With respect to an additional provision, the analysis states that the rule “Amends Wis. Admin Code s. DOC 328.04 (3) (d) to simplify the provision in an effort to increase offender compliance”. This description should be revised for a reader to understand, from this analysis, that the proposed rule eliminates certain standard rules of community supervision and modifies an additional standard rule of community supervision. A reader should be able to understand, from the analysis, which standard rules of community supervision the proposed rule would eliminate or why the department has determined these standard rules are “outdated or potentially onerous”. Similarly, a reader should be able to understand how, why, or with what, the proposed change to s. DOC 328.04 (3) (d) would “increase offender compliance”. b. The department’s proposed change to s. DOC 328.04 (3) (d) should be revised to form a grammatically coherent statement. The proposed rule inserts the words “cooperate with” into this rule section, but also strikes references to “the department” and does not replace these references with any other entity with whom the offender shall “cooperate with”. As drafted, the proposed rule would direct an offender to “cooperate with ... opportunities for programming”. An - 2 -
offender could conceivably cooperate with the department, an agent, or some other entity or person, but not with an opportunity.
