SS 100-24

STATE OF WISCONSIN

Department of Justice

STATEMENT OF SCOPE OF PROPOSED RULE

Rule No.:   Wis. Admin. Code ch. JUS 11

Relating to: Technical corrections to ch. JUS 11 to correct outdated statutory references

Rule Type:   Permanent.

1. Description of the objectives of the rule:

The State of Wisconsin Department of Justice (the Department) proposes to make technical amendments to Wis. Admin. Code ch. JUS 11, which governs the procedures for administering crime victim compensation to innocent crime victims and their families. The objective of the proposed rule is to correct references to statutes that have been renumbered or repealed.

2. Description of existing policies relevant to the rules and of new policies proposed to be included in the rules and an analysis of policy alternatives; the history, background and justification for the proposed rules:

Victims of violent crime and family members of deceased victims may have significant out-of‑pocket expenses through no fault of their own. In 1979, Chapter 949, Stats., established the Crime Victim Compensation Program (the Program) to help pay for unreimbursed eligible expenses that result from crime. This Program is administered by the Department through ch. JUS 11. More specifically, JUS 11.07 contains specific limitations on awards that can be paid to crime victims through this program.

The proposed rule will correct two outdated statutory references in JUS 11.07. First, JUS 11.07(3) contains a reference to s. 949.03(1)(a), Stats., which has been renumbered to s. 949.03(1m), Stats. Second, JUS 11.07(8) contains a reference to s. 49.855(7), Stats., which was repealed in 1999 and replaced with s. 49.854(2)(b), Stats. Therefore, the proposed rule is amended to correct these two statutory references to correspond to those statutory changes.

3. Statutory authority for the rules (including the statutory citation and language): 

Section 949.02, Stats., provides that “[t]he department shall administer this subchapter.” It further provides that “[t]he department shall promulgate rules for the implementation and operation of this subchapter.”

4. Estimate of the amount of time that state employees will spend to develop the rules and of other resources necessary to develop the rules:

It is estimated that state employees will spend approximately 40 hours on the rulemaking process for the proposed rules, including research, drafting, and compliance with required rulemaking procedures.

5. Description of all entities that may be impacted by the rule:

No entities should be affected by this rule change since the changes will only align JUS 11.07 with current statutes, which any affected entities are already implementing.

6.   Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rules:

The proposed rule is consistent with the Victims of Crimes Act, 42 U.S.C. § 10601, et seq., which provides federal funding to qualifying state crime victim compensation programs. There is no other specific existing or proposed federal regulation that addresses the activities to be regulated by the proposed rules.

7. Anticipated economic impact of proposed rules.

The Department anticipates that the proposed rule revision will have minimal or no economic impact, either locally or statewide.

Contact Person: Assistant Attorney General Jody J. Schmelzer, Wisconsin Department of Justice, 17 West Main Street, Madison, WI 53707-7951, [phone], [e-mail]