NOTICE IS HEREBY GIVEN that pursuant to ss. 51.60, 51.605, 55.105, 55.107, 977.02 (2m), (3), (4m) and (4r), and 977.075 Stats., the State Public Defender (SPD) will hold a public hearing to consider the proposed order to revise Chapters PD 2, 3, and 6, relating to representation by the state public defender of persons detained under Ch. 51 or 55, Stats., or subject to involuntary administration of psychotropic medication without a predetermination of financial eligibility.

SPD will hold a public hearing at the time and place shown below.

November 30, 2009

10:00 a.m. to Noon

SPD Administrative Office, Banoul Conference Room

315 N. Henry Street, 2nd Floor

Madison, Wisconsin 53703

Handicap accessibility is in the rear of the building. If you require communication accommodation at the hearing, please call Marla Stephens, (414) 227-4891, at least 10 days prior to the hearing date.

Interested persons are invited to attend the hearing and comment on the proposed rule. Persons appearing may make an oral presentation and 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 Monday, December 7, 2009. Written comments should be addressed to: Marla Stephens, SPD, PO Box 7923, Madison, WI 53707-7923, or by email: stephensm@opd.wi.gov.

To view the proposed rule and fiscal note online, go to: http://www.wisspd.org/html/appellate/PropPD236.aspstephensm@opd.wi.gov. You may contact Marla Stephens at stephensm@opd.wi.gov or by telephone at (414) 227-4891 to request a copy of the proposed rule and fiscal note be sent to you by U.S. mail. Copies of the rule and fiscal note will also be available at the hearing.

Sections 51.60, 51.605, 55.105, 55.107, 977.075 (1g), (4), 977.085 (3), Stats.

Sections 51.60, 51.605, 55.105, 55.107, 977.02 (2m), (3), (4m) and (4r), and 977.075, Stats.

Section 977.02 (2m) allows the state public defender board to promulgate rules regarding eligibility for legal services for persons who are entitled to be represented by counsel without a determination of indigency. Sections 977.02 (4m) and 977.075 allow for the state public defender board to establish rules setting the maximum amount a person subject to 51.605 or 55.107 must pay as reimbursement for legal services. Section 977.02 (4r) allows the state public defender board to promulgate rules that establish procedures to provide the department of administration with any information concerning collection of payments.

The proposed rules implement statutory changes relating to the appointment of counsel without a determination of indigency and the payment for representation in chapter 51 and 55 cases. Similar statutes include ss. 48.23 (4) and 938.23 (4) relating to the appointment of counsel in juvenile cases without a determination of indigency. Other similar statutes and rules include ss. 48.275, 938.275 and 977.075 and chapter PD 6 related to the payment for representation in chapter 48 and 938 cases.

The proposed rules implement the statutory changes that became effective July 1, 2008, affecting the state public defender's office in proceedings under chapters 51 and 55, Stats. The specific actions proposed include:

2007 Wisconsin Act 20 removed the requirement that persons subject to the civil commitment proceedings of chapters 51 or 55 complete a pre-representation indigency evaluation and required the public defender to appoint counsel without a determination of indigency. At the conclusion of the proceeding, the circuit court may inquire as to the person's ability to reimburse the state for the cost of representation. If the court determines that the person is able to reimburse the costs of representation, the court may order reimbursement in an amount not to exceed the maximum amount established by the public defender board, currently in Wisconsin Administrative Code PD 6.01. The court may require the public defender to conduct a determination of indigency and report the results of that determination to the court.

Any reimbursement is made to the clerk of courts for the county where the proceedings took place. The clerk of each county deposits 25% of the reimbursement payments to the county treasury and transmits the remaining 75% to the secretary of the department of administration to be credited in the public defender's private bar and investigator reimbursement appropriation. The clerks of court for each county are required to report to the public defender by January 31 the total amounts of court-ordered reimbursement ordered and paid under chapters 51 and 55 for the previous calendar year. The effective date of these statutory provisions is July 1, 2008.

There are no existing or proposed federal regulations that address the activities of the proposed rules.

For all adjacent states to Wisconsin, if neither the respondent nor others provide counsel for a civil commitment hearing, the respective court appoints counsel for him or her. To compensate the attorneys for their services in the states of Minnesota, Iowa, and Illinois, the applicable court enters an order upon the county to pay the entire fee or such an amount as the respondent is unable to pay. In Michigan, the court compensates appointed counsel from court funds in an amount that is reasonable and based upon time and expenses.

The proposed rules implement statutory changes that went into effect on July 1, 2008.

None.

None.

These administrative rules conform to statutory changes that took effect on July 1, 2008, having been implemented as part of the State's 2007-09 biennial budget act. The rules will not have any fiscal effect independent of these statutory changes. The statutory changes eliminated the requirement that a respondent in a chapter 51 proceeding or a chapter 55 proceeding complete a financial application before qualifying for representation through the State Public Defender (SPD).

The estimated fiscal effect of the legislation was summarized in the Legislative Fiscal Bureau's Paper Number 621 (May 8, 2007). This paper (at p. 5) reviewed the average cost for chapter 51 and chapter 55 cases and the estimated number of additional cases under these chapters in which the SPD would appoint an attorney. The estimated annual cost to the SPD was $320,500, the amount by which the SPD's budget was increased beginning in fiscal year 2008-2009.

None.

None.

None.

As noted above, the fiscal effect stems from the statutory changes, not from the administrative rules. The two major factors that may affect the SPD's costs from the statutory changes are 1) the number of chapter 51 and chapter 55 cases and 2) the average costs of providing representation in these cases.

NOTICE IS HEREBY GIVEN that pursuant to ss. 119.23 (2) (a) 6. c. and 227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules to create section PI 35.07, relating to establishing a nonrenewable waiver from the requirement that a teacher have a bachelor's degree in order to teach in a private school under the Milwaukee Parental Choice Program.

The hearing will be held as follows:

December 8, 2009   Milwaukee

4:30 – 6:00 p.m.   Hope Christian School — Fortis

    3601 North Port Washington Ave.

    Room 207

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Robert Soldner, Director, School Management Services, (608) 266-7475 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.wi.gov or by writing to:

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 14, 2009, will be given the same consideration as testimony presented at the hearing.

Section 119.23 (2) (a) 6. c., Stats., and Section 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28.

Sections 119.23 (2) (a) 6. c. and 227.11 (2) (a), Stats., and Section 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28.

Section 119.23 (2) (a) 6. c., Stats., requires the department to, by rule, implement a process to issue a temporary, nonrenewable waiver to certain teachers that meet specific statutory requirements and who are employed by a private school participating in the Milwaukee Parental Choice Program (MPCP) program.

Section 119.23 (11), Stats., requires the department to promulgate rules to implement and administer the MPCP.

Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

SECTION 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28, requires the department to, no later than the first day of the 4th month beginning after the effective date of the Act (October 1, 2009), submit proposed rules to the Legislative Council staff.