Effect on Small Business
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
The propose rules involve the licenses, certifications and registrations of individuals associated with various building construction components, activities or structures including manufactured homes, welding, automatic fire sprinkler systems, electrical construction wiring, plumbing, petroleum tanks, and elevators. The proposed rules do directly affect small businesses, but rather individuals who undertake specific activities.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Other than establishing continuing education obligations for the renewal automatic fire sprinkler system tester registration, the proposed rules do not require any new or additional reporting, bookkeeping or other procedures for compliance.
3. Types of professional skills necessary for compliance with the rules.
The proposed rules do not require any new or additional skills for compliance.
4. Rules have a significant economic impact on small businesses.
No.
Small business regulatory coordinator
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.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes such as
2009 Wisconsin Act 291. The proposed rules do not establish or revise any of the credentials fees under chapter Comm 5.
State fiscal effect
No state fiscal effect.
Fund sources affected
Pro.
Local fiscal effect
No local government costs.
Long-range fiscal implications
None.
Agency Contact Person
Notice of Hearing
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., and interpreting sections
301.03 (2),
302.04, 302.07, 302.08 and 302.11 (2), Stats., the Department of Corrections will hold public hearings to consider a proposed permanent rule revising Chapters
DOC 302,
303,
303 Appendix,
304,
306,
308,
309,
310,
311,
313,
324 and
327, relating to discipline of inmates.
Hearing Information
Date and Time Location
April 28, 2011 Conference Room 116
Thursday State Office Building
at 10:00 A.M. 819 North 6th Street
Milwaukee, WI 53203
April 28, 2011 Department of Administration
Thursday Yahara Conference Room - First Floor
at 2:30 P.M. 101 East Wilson Street
Madison, WI 53703
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 April 20, 2011.
Appearances at the Hearing and Submittal 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,
May 6, 2011. 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.
Analysis Prepared by Department of Corrections
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections is responsible for the supervision of all inmates, including their discipline for violations of institution and department regulations.
Related statute or rule
Chapters
DOC 302,
304,
306,
308,
309,
310,
311,
313,
314,
316,
324,
325,
326, and
327, relating to the supervision of inmates.
Plain language analysis
1. Reorganizes and updates the rule chapter.
2. Repeals the following definitions: administrative committee, bodily injury, consent, disruptive conduct, fight, inmate gang, public, riot, staff, and steals.
3. Amends the following definitions: authorized, case record, communicate, contraband, gambling, intoxicating substance, possession, and sexual contact.
4. Creates the following definitions: bodily harm, body specimen, close family member, corporal punishment, department policy, disciplinary committee, disciplinary separation, disturbance, employee, great bodily harm, member of a household, personally identifiable information, record, security threat group, serious mental illness, stalking, substantial bodily harm, substantial involvement, suffer serious emotional distress, targeted person, and victim.
5. Moves definitions which were in the body of the rule into the definition section: contraband, evidence, and gambles.
6. Repeals the following offenses: battery, fighting, inciting a riot, participating in a riot, arson, causing an explosion or fire, creating a hazard, and violation of institution policies and procedures.
7. Creates the following offenses: assault, aggravated assault, assault on staff, sexual contact or intercourse, sexual assault, sexual assault aggravated, stalking, endangering safety, inciting a disturbance, participating in a disturbance, taking a hostage, possession of tobacco, and possession of electronic communication or data storage devices.
8. Modifies the table of automatic major offenses to reflect changes in practice and technologies.
9. Modifies the schedule of penalties to allow more flexibility and use of disciplinary segregation in place of adjustment segregation.
10. Requires the retention of property until a final decision is made on a complaint.
11. Modifies the current rule to allow Temporary Lock up (TLU) to await placement in appropriate security level.
12. Changes battery and fighting to assault, aggravated assault and assault on staff to increase consistency in application of the rule and ensure decision makers have accurate information about dynamics of the offense.
13. Changes charges related to sexual behavior and assault to sexual conduct, sexual contact or intercourse, sexual assault, and sexual assault aggravated to more accurately reflect changes related to PREA and improve communication of actual dynamics of the offense.
14. Creates the offense of stalking to clearly identify inmate misconduct.
15. Creates the offense of taking a hostage in response to inmate conduct that was not currently addressed.
16. Modifies the elements of “disruptive conduct" as a violation to better capture behaviors that are disruptive to the orderly operation of facilities.
17. Modifies the elements of “unauthorized forms of communication" to better identify problematic conduct.
18. Modifies the elements of “possession, manufacture, or use of weapons" to include the use of an otherwise allowable property item as a weapon as a violation.
19. Creates the offense of “possession of tobacco" to reflect the ban on smoking and use of tobacco products.
20. Creates the offense of “possession of electronic communication or data storage devices" to address the added threat to security that the possession of this type of property poses.
21. Expands the elements of the offense of “unauthorized use of the mail" to include sending any item not allowed under this chapter and falsifying the name of the receiver or address.
22. Expands the coverage of the misuse of medications to include both prescription and nonprescription medications.
23. Requires consideration of an inmate's serious mental illness during due process hearings and disposition stage.
24. Clarifies how to impose a requirement for restitution when the actual amount is not known at the time of disposition.
25. Deletes the use of program segregation and adjustment segregation as penalties. The loss of good time associated with these penalties has not had a sufficient deterrent effect to warrant the extra work to recalculate release dates and the deletion eliminates a liberty interest and simplifies due process requirements.
26. Modifies the processes and terminology for disciplinary transactions from summary through full due process. Permits summary disposition for major violations. Modifies minor hearing process to be more similar to summary disposition. Limits inmate statements to 500 words on 2 sheets of paper. More clearly describes what an inmate may appeal.
27. Corrects references to DOC 303 in other DOC chapters.
Comparison with existing or proposed federal regulations
There are no federal regulations that regulate the activities addressed by the proposed rule.
Comparison with similar rules in adjacent states
Illinois:
Illinois rules concerning discipline apply to both incarcerated adults and juveniles. The rules in some cases have different requirements, depending on whether they apply to adults or juveniles. For example, disciplinary proceedings against an adult must be commenced within 8 days of service of a disciplinary report but only 4 days against a juvenile offender. (20 ILAC 504.30 (f)) Wisconsin has a separate set of rules which addresses incarcerated juveniles.
Illinois prohibits corporal punishment and disciplinary restrictions on diet, medical or sanitary facilities, mail, or access to legal materials. (730 ILCS 5/3-8-7 (b) (1); 20 ILAC 504.20 (c)) Wisconsin rules prohibit corporal punishment. (DOC 306.07 (1)) Illinois rules also require that the disciplinary restrictions on visitation, work, education, or program assignments and use of the library be as closely related as practicable to the abuse of such privileges. But the Illinois rule specifically excludes the applicability of this section to segregation or isolation of offenders for purposes of institutional control. (20 ILAC 504.20 (d))
Illinois requires that disciplinary actions resulting in the loss of good time credit or the eligibility to earn good time credit or disciplinary actions resulting in the imposition of disciplinary segregation and isolation are heard by a disciplinary board appointed by the director of prisons. Other disciplinary actions are heard at the institution level. (730 ILCS 5/3-8-7 (d) and (e)) Illinois prohibits any person who initiated a disciplinary charge from determining the disposition of the charge. (730 ILCS 5/3-8-7 (e) (1)) Wisconsin prohibits any person who has substantial involvement in the incident which is the subject matter of the hearing from serving on the disciplinary committee. (DOC 303.85 (2))
Illinois rules specify in detail the content of a disciplinary report. (20 ILAC 504.30 (d)) Wisconsin rules provide a more general description of the content of a conduct report. (DOC 303.67) The department has policies and procedures which specify the content of the report.
Illinois rules require service of the disciplinary report on the inmate within 8 days of the incident giving rise to the report. (20 ILAC 504.30 (f)) Wisconsin rules require service of a conduct report for a major offense within 2 working days of the security director's approval of the report. (DOC 303.80)
Illinois rules require that an inmate placed in temporary lockup (TLU) be reviewed within 3 days following placement. Illinois also requires that the inmate be interviewed regarding the placement within 14 days. The maximum period of time in TLU is 30 days. (20 ILAC 504.05 (b) and (c) (3) and (4)) Wisconsin requires a review of a TLU placement within 2 working days. The maximum period of time in TLU status is 21 days. This period may be extended by an additional 21 days by the administrator of the division of adult institutions. The status of an inmate placed in TLU must be reviewed every 7 days by the security director. (DOC 303.10)
Illinois rules require that if an inmate is found not guilty of a disciplinary offense, placement in TLU shall be terminated and the disciplinary report expunged from the inmate's records. A copy of the report shall be maintained in an expungement file. (20 ILAC 504.50 (4)) There is a comparable provision requiring the expungement of the disciplinary report following a hearing and a finding that the inmate did not commit the offense. (20 ILAC 504.80 (k) (1)) Wisconsin does not have a similar provision. (cf. DOC 303.88 (1) (b))
Illinois rules have a different procedure for inmates at correctional centers. (20 ILAC 504.60) Wisconsin does not have a similar provision.
Illinois rules provide for the composition of its adjustment committee (“to extent possible, a person representing the counseling staff; and at least one minority staff") and the composition of its program unit (employees who serve as hearing officers) (“at least one member of the unit shall be a minority staff member"). (20 ILAC 504.70) Wisconsin has no similar provision.
Illinois rules require that a disciplinary hearing be commenced within 14 days after commission of the offense unless the inmate is unable to participate in the hearing. (20 ILAC 504.80 (a)) Wisconsin requires that the hearing be held between 2 working days following the inmate being served with the approved or amended conduct report and 21 calendar days. The 21 calendar day period may be extended for any reason by the security director. (DOC 303.80 (3))
