Corrections
NOTICE IS HEREBY GIVEN that pursuant to sections
227.11 (2) and
301.45 (10), Stats., and interpreting ss.
301.45 (10), Stats., the department of corrections will hold public hearings to consider:
Emergency rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision; and
Proposed permanent rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision.
Hearing information:
Date & Time Location
July 18, 2006 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
July 18, 2006 St. Croix Conference Room-First Floor
2:30 p.m. Department of Administration
101 East Wilson Street
Madison, Wisconsin
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 July 21, 2006. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@doc.state.wi.us.
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@doc.state.wi.us, telephone (608) 240-5049 by July 7, 2004.
The purpose of the emergency rule is to establish an annual sex offender registration fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. 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 collection of fees while permanent rules are being developed.
Under the authority vested in the Department of Corrections by ss.
227.11 (2) and
301.45 (10), Stats., the Department of Corrections hereby creates rules relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision, as follows:
PLAIN LANGUAGE ANALYSIS:
The rule establishes an annual fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. Generally, the department has interpreted that all individuals who are subject to it supervision whether incarcerated or on probation, parole, or extended supervision, are under its custody. Because of the statutory language which seems to distinguish between those “in custody" and those on probation, parole, or extended supervision, the department has defined the term “custody" and used the terms “offender" and “inmate" to describe the individuals who are subject to this fee. The department has set the annual fee at $50.00. The department also has established procedures for the collection and recording of the registration fee, as well as procedures for the failure of payment by an inmate or offender.
DOC 332.19 Sex offender registration fee.
(1) APPLICABILITY. A person who is required to register as a sex offender under s.
301.45, Stats., and who is in the department's custody or who is on probation, parole, or extended supervision shall be charged a registration fee to partially offset the costs of monitoring offenders.
(2) DEFINITIONS.
(a) “
Custody" means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s.
302.113, Stats.
(b) “Offender" means a person on probation, parole, or extended supervision under s.
302.113, Stats.
(3) FEE. The sex offender registration fee shall be $50.00 on an annual basis.
(4) RECORDING OF REGISTRATION FEE. With reference to the sex offender registration fee under sub. (3), the department shall do the following:
(a) Record all registration fees paid by an inmate or offender.
(b) Provide the inmate or offender access to a copy of the record of payments to verify receipt of payments.
(c) Advise the inmate or offender of nonpayment of registration fees.
(d) Audit the record of payment of registration fees.
(5) COLLECTION OF REGISTRATION FEE. In collecting the sex offender registration fee, all of the following shall occur:
(a) The department shall do the following:
1. Establish a registration fee payment schedule including all of the following:
a. A grace period for the initial registration fee payment.
b. A deadline for payment for each subsequent year of registration.
2. Approve procedures for the collection of registration fees.
3. Provide the inmate or offender with a copy of the sex offender registration fee payment procedures.
4. Credit those moneys collected to the appropriation account under s.
20.410 (1) (gd), Stats.
(b) The inmate or offender shall pay the sex offender registration fee to the department according to the procedures established by the department.
(6) DEPARTMENT ACTION WHEN AN INMATE OR OFFENDER FAILS TO PAY REGISTRATION FEE. The department may use any of the following actions in any order when an inmate or offender fails to pay the sex offender registration fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or electronic monitoring or detention in a jail, correctional facility or house of corrections for those on probation, parole or extended supervision.
(d) Issue a recommendation for revocation of parole, probation or extended supervision for an offender's willful failure to pay the sex offender registration fee.
(e) Any other appropriate means of obtaining the sex offender registration fee.
Initial Regulatory Flexibility Analysis
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.114, Stats.
Contact Person
Paper copies of the rule and the fiscal estimate may be obtained without cost from Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, telephone (608) 240-5049, email
kathryn.anderson@doc.state.wi.us or by direct link:
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
457.12 (4), Stats., the Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 11.02, relating to required examinations for licensure as a professional counselor.
Hearing Date, Time and Location
Date: August 1, 2006
Time: 1:15 p.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 1, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: Under s.
457.03, Stats., the Professional Counselor Section is charged with establishing examination requirements for becoming a licensed professional counselor. The section has determined that the National Counselor Mental Health Certification Examination is an additional examination that adequately measures competency and is therefore seeking to amend its rule to include it. Furthermore, the section is seeking the authority to review other examinations that applicants may have taken in order to determine whether those too adequately measure competency.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: This proposed rule-making order will permit applicants for licensure as professional counselors to take and pass examinations that would demonstrate their professional competency. Currently, either the National Counselor Examination or the Certified Rehabilitation Counselor Examination is required for licensure. This proposal would give applicants an additional option of being able to take the National Counselor Mental Health Certification Examination. It would also permit the section to approve another examination that it deems to be equivalent to the other three. As a result, the proposed change would permit applicants who take and successfully pass one of three examinations or an equivalent one approved by the section to become eligible for licensure as a professional counselor.
This amendment will provide greater flexibility to applicants while maintaining protection of the public. Presently, those individuals who take and pass the National Counselor Mental Health Certification Examination must also take and pass the National Counselor Examination in order to be eligible for licensure as a Wisconsin professional counselor, thereby resulting in an unnecessary barrier to licensure.
SECTION 1 amends the existing rule to include the National Counselor Mental Health Certification Examination and also permits the section to accept additional examinations that it deems to be equivalent to the other ones.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation.
Summary of factual data and analytical methodologies:
The Professional Counselor Section is amending its rules based on the section's professional experience for requirements for licensure. A review of surrounding state licensure supports the section's proposal. Iowa allows passage of the NCMHCE and Minnesota allows for passage of examinations determined equivalent by their board.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
There are no supporting documents determining effect on small business. The rules change does not affect small business as it does not place any additional regulatory requirements for attaining professional counseling licensure.
Section
227.137, Stats., requires as “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal estimate
The Department of Regulation and Licensing estimates that this rule will require time in the Division of Professional Credentialing. The total staff salary and fringe is estimated at $57.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
