Comparison with rules in adjacent states
A search of the U.S. Department of Energy's Building Energy Codes Program's web site found that Illinois, Iowa and Michigan use REScheck to show compliance with their energy codes. Minnesota, which has a state-specific code, is not REScheck compatible. Illinois does not have a state residential code while Iowa has adopted the 2006 IECC and Michigan the 2003 International Residential Code (IRC).
An Internet-based search of the residential regulatory programs in the states of Illinois, Iowa, Michigan and Minnesota revealed that none of these states had rules regarding specific versions of REScheck as addressed by the Wisconsin rule being amended in this rule proposal.
Summary of factual data and analytical methodologies
The proposed rule was developed using information gathered when the department learned that Wisconsin-specific energy calculations were incorporated into REScheck Version 4.2.2. Previous versions, including Version 4.1.0 which is specified in Comm 22.31 (2) (b), do not include these state-specific calculations and formulas, and therefore, do not support chapter Comm 22 that became effective April 1, 2009.
Small Business Impact
The department believes the proposed rule will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s.
227.137, Stats.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Fiscal Estimate
Summary
The emergency rule repeals code language requiring a specific version of REScheck software be used to show compliance with Uniform Dwelling Code thermal envelope requirements. Amending s.
Comm 22.31 (2) (b) will not affect department revenue or expenditures.
State fiscal effect
None
Local government fiscal effect
None
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
Larry Swaziek, Program Manager
Phone: (608) 267-7701.
Text of Proposed Rule
SECTION 1. Comm 22.31 (2) (b) is amended to read:
Comm 22.31 (2) (b) Software edition version. If the
a REScheck software program is used to show compliance with this section, the a version
approved by the department shall be 4.1.0, or later used.
Note: Any The downloadable version of REScheck with a beginning number of 3 or smaller will not support 4.2.2, Wisconsin 2009 Code, meets the requirements of this code.
Notice of Hearing
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Department of Corrections will hold public hearings to consider an emergency rule and a proposed permanent rule revising ss.
DOC 309.466 and
309.49, relating to inmate release accounts.
Hearing information
Date & Time Location
October 14, 2009 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
October 14, 2009 St. Croix Conf. Room-First Floor
2:30 p.m. Department of Administration
101 East Wilson Street
Madison, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email kathryn.anderson@ wisconsin.gov, telephone (608) 240-5049 by October 7, 2009.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, October 23, 2009. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: kathryn.anderson@ wisconsin.gov.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
Under
2009 WI Act 28, an increased number of inmates are being considered for release. In addition, the department has developed a number of release initiatives to address an inmate's successful transition from incarceration to community life. As part of those initiatives, there are costs associated with that transition, including acquiring housing, employment, and transportation. For example, an inmate must have a social security card, a driver's license or state identification card, the first months rent and security deposit for an apartment, and civilian clothing.
Under the current rule, an inmate may only use release account funds for “adequate clothing for release" and for “out-of-state release transportation." In addition, the rule limits the maximum amount of money which can be saved in the release account to $500.00. The emergency rule immediately permits the use of release account money for a wide variety of purchases, including fees associated with obtaining a driver's license or state identification card, housing, and a mode of transportation (bus tickets, vehicle, bicycle, etc.). In the past the Department has borne some of these costs, despite an inmate having the money in his or her release account. Given the initiatives of reentry and release, an inmate should be responsible for these expenditures.
In addition, the emergency rule raises the limit on release accounts from $500.00 to $5,000.00. Since the current limit was established, the cost of living in the community has risen. The department seeks this change to reflect the significant costs of housing, transportation, and food and other necessities.
If the rule is not created promptly and immediately, the department will not be able to use inmate release account funds to pay for items which inmates need in preparation for their release to the community. The purpose of the emergency rule is to permit inmates to use release account funds for a greater range of expenditures related to their release from incarceration and transition back into the community. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the need to use inmate funds, not state funds, while permanent rules are being developed.
Analysis Prepared by Department of Corrections
Statute interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections has the authority to control an inmate's funds which are received during the inmate's period of incarceration. In addition, the Department has the responsibility of preparing inmates for their eventual release into the community, including assisting them in establishing a release account which can be used for a variety of purposes.
Plain language analysis
The current rule prohibits the disbursement of funds from inmate release accounts, except for very limited purposes. Specifically, the rule limits the use of funds from inmate release accounts prior to release to the purchase of “adequate clothing for release" and for “out-of-state release transportation." The current rule provides for the Department to deduct fifteen percent (15 %) of all income earned by or received for the benefit of the inmate with the exception of work release or study release funds under ch.
DOC 324. The current rule also has a limit on the amount which can be accumulated in the release account of $500.00.
The rule proposal expands the purposes for which inmate release account funds can be used. Under the proposal, the Department may approve disbursement of funds for purposes which will aid in the inmate's reintegration into the community. The Department reduced the percentage of deduction to ten percent (10 %) but increased the amount which can be accumulated in the release account to $5,000.00. The Department has also provided for the amount to be increased in accordance with the Consumer Price Index as defined in s.
16.004 (8) (e) 1., Stats., every five (5) years starting January 1, 2010. The increase in the limit and the process for a continued increase are in response to the increased living costs which inmates face upon release from prison.
Text of Emergency Rule
SECTION 1. DOC 309.466 (1) and (2) are amended to read:
DOC 309.466 (1)
After the crime victim and witness assistance surcharge has been paid in full, as provided for in s. DOC 309.465, and upon Upon transfer of the inmate to the first
permanent placement
, following assessment and evaluation under s. DOC 302.12, and in all subsequent placements, the institution business office shall deduct
15 10% of all income earned by or received for the benefit of the inmate, except from work release and study release funds under ch.
DOC 324, until
$500 $5,000 is accumulated, and shall deposit the funds in a release account in the inmate's name.
The department shall adjust the maximum release account amount every 5 years by multiplying $5,000 by the percentage increase of the Consumer Price Index, as defined in s. 16.004 (8) (e)1., Stats., from January 1, 2010 to January 1 of the next fifth year [2015, 2020] and adding that amount to $5,000, rounded to the nearest $100 increment.
(2) Release account funds may not be disbursed for any reasons until the inmate is released to field supervision, except to purchase adequate clothing for release and for out-of-state release transportation. Prior to release, an inmate may request to have release account funds disbursed for purposes that are authorized by the department and that will aid the inmate's reintegration into the community or that will reimburse the department for incarceration costs, including legal loans and restitution. Following the inmate's release, these funds shall be disbursed in accordance with s.
DOC 309.49 (5).
SECTION 2. DOC 309.466 (5) is created to read:
(5) The institution business office shall disburse release account funds in accordance with s.
DOC 309.48.
SECTION 3. DOC 309.48 (title) is amended to read:
DOC 309.48 Procedure for inmate requests for disbursements of general inmate account funds.
SECTION 4. DOC 309.49 (title) is amended to read:
DOC 309.49 (title) Disbursement of general inmate account funds.
SECTION 5. DOC 309.49 (4m) is created to read:
DOC 309.49 (4m) An inmate may request that the institution business office disburse release account funds. The institution business office shall disburse release account funds only for reasons consistent with the purposes under s.
DOC 309.466 or subject to a lawful court order.
_______________________________________________
Analysis Prepared by Department of Corrections
Statute interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections has the authority to control an inmate's funds which are received during the inmate's period of incarceration. In addition, the Department has the responsibility of preparing inmates for their eventual release into the community, including assisting them in establishing a release account which can be used for a variety of purposes.
Related statute or rule
Chapter
DOC 309, Wis. Adm. Code, Resources for Inmates.
Plain language analysis
The current rule prohibits the disbursement of funds from inmate release accounts, except for very limited purposes. Specifically, the rule limits the use of funds from inmate release accounts prior to release to the purchase of “adequate clothing for release" and for “out-of-state release transportation." The current rule provides for the Department to deduct fifteen percent (15 %) of all income earned by or received for the benefit of the inmate with the exception of work release or study release funds under ch.
DOC 324. The current rule also has a limit on the amount which can be accumulated in the release account of $500.00.
The rule proposal expands the purposes for which inmate release account funds can be used. Under the proposal, the Department may approve disbursement of funds for purposes which will aid in the inmate's reintegration into the community. The Department reduced the percentage of deduction to ten percent (10 %) but increased the amount which can be accumulated in the release account to $5,000.00. The Department has also provided for the amount to be increased in accordance with the Consumer Price Index as defined in s.
16.004 (8) (e) 1., Stats., every five (5) years starting January 1, 2010. The increase in the limit and the process for a continued increase are in response to the increased living costs which inmates face upon release from prison.
Comparison with federal regulations
There are no federal regulations which address inmate release accounts.
