• Amend the rule to reflect changes in the law and correctional practices and operations, relating to conduct requirements and discipline of youth in secured correctional facilities.
• Amend the rule for consistency, where appropriate, with chapter DOC 303 – Discipline, which closely parallels this chapter and is in the process of being revised.
• 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 department is responsible for the care and custody of youth adjudicated delinquent and committed to a secure juvenile correctional facility. As part of that responsibility, the department enforces conduct requirements for youth and disciplinary processes when conduct rules are violated. Conduct rules relate to bodily security, institutional security, order, property, contraband, movement, safety and health, and other miscellaneous. Disciplinary processes include conduct reports, hearings, recordkeeping, and discipline.
The last significant rule amendment was in 2000. Since that time, there have been changes to the law and correctional practice which need to be addressed. There are distinctions between juvenile and adult operations, the two chapters of code should remain consistent except where there is a specific rationale for the differences.
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 non-statutory 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
301.025: The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the serious juvenile offender program under s.
938.538, and youth aids.
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 400 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 youth adjudicated delinquent and committed to a secure juvenile correctional institution and department staff.
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 federal regulations which address the issues or activities covered by the proposed rule.
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.
Relating to
Repealing and recreating chapter DOC 379, relating to living conditions for youth in Type 1 secured correctional facilities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Description of the Objective of the 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 law and correctional practices and operations, relating to conditions of confinement for youth in secured correctional facilities.
• Amend the rule for consistency, where appropriate, with chapter DOC 309 – Resources for Inmates, which closely parallels this chapter and is in the process of being revised.
• 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 department is responsible for the care and custody of youth adjudicated delinquent and committed to a secure juvenile correctional facility. As part of that responsibility, the department provides youth with access to a number of resources related to conditions of confinement.
The last significant rule amendment was in 2000. Since that time, there have been changes to the law and correctional practice which need to be addressed. There are distinctions between juvenile and adult operations, the two chapters of code should remain consistent except where there is a specific rationale for the differences.
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 non-statutory 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
301.025: The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the serious juvenile offender program under s.
938.538, and youth aids.
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 400 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 youth adjudicated delinquent and housed in a juvenile correctional facility, families of youth, visitors, attorneys who represent youth, volunteers, publishers of periodicals, representatives of the media, victims, 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 federal regulations which address the issues or activities covered by the proposed rule.
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 — Parole Commission
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Parole procedure.
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 amend the rule chapter to bring it into compliance with
2011 Wisconsin Act 38.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The parole commission substantially revised chapter PAC 1 in 2010 because the rule chapter had not been reviewed for many years and the legislature enacted
2009 Wisconsin Act 28 which addressed sentence modification. The legislature subsequently repealed most of the provisions of Act 28 by enacting
2011 Wisconsin Act 38. This rule modification is necessary to bring the rule chapter into compliance with Act 38.
Statutory Authority
Section
227.11 (2) (a) to
(c): Rule–making authority is expressly conferred as follows:
