Scope Statements
Corrections
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Chapter DOC 302.
Relating to
Repealing and recreating chapter DOC 302, relating to assessment and evaluation, security classification, and sentence computation.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to achieve all of the following:
  Eliminate outdated provisions.
  Clarify language.
  Update citations to statutes for accuracy.
  Amend the rule to reflect changes in the statutes, including 2011 WI Act 38 and bifurcated sentencing guidelines, and case law addressing sentence computation; and changes in the operations and practices of assessing, evaluating and classifying inmates.
  Renumber and reorganize the rule chapter.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The current rule chapter provides in detail the procedures for initial classification and reclassification of inmates. This process identifies facility security classification, inmate custody level, program or treatment assignments, and institution placement. The chapter also sets forth the procedures followed in computing sentencing information which is used in determining eligibility for parole and release dates. The chapter was revised in 2010 in response to the passage of 2009 WI Act 28. However, the chapter has not been revised in response to the passage of 2011 WI Act 38 which repealed most of the sentence modification provisions of Act 28.
There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Section 227.11 (2) (a) to (c): Rule–making authority is expressly conferred 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 nonstatutory 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 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 301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s. 303.01.
Estimate of the Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 250 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Description of all of the Entities that Will be Affected by the Rule
This rule will affect all inmates, department staff and the public.
Summary of 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 specific federal regulations which address the assessment and evaluation, security classification, custody level determination, or sentence computation of persons sentenced to Wisconsin prisons for violations of Wisconsin criminal statutes. However, federal standards addressing the federal Prison Rape Elimination Act (PREA) of 2003 (42 U.S.C. chapter 147 (ss. 15601-09) (2004)) include provisions which address the supervision of inmates who may be vulnerable to sexual abuse or sexual harassment or inmates who may engage in those behaviors. (For example, see 28 CRF s. 115.14, youthful inmates, s. 115.41, Stats., screening for risk of victimization and abusiveness, and s. 115.43, protective custody.) Chapter DOC 302 must be reviewed and amended in order for the department to come into compliance with the federal standards. In addition, under 4 USCA section 112, Congress has authorized the Interstate Corrections Compact (ICC) which Wisconsin adopted and is found in s. 302.25, Stats. The ICC permits participating states to cooperate among themselves in the supervision of inmates and offenders.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049, kathryn.anderson@wisconsin.gov.
Corrections
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Chapter DOC 373.
Relating to
Repealing and recreating chapter DOC 373, relating to youth conduct in Type 1 secured correctional facilities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to achieve all of the following:
  Eliminate outdated provisions.
  Clarify language.
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