The rule affects juveniles, children, county entities, child welfare agencies, including county juvenile facilities and secure residential care centers, and staff.
6. SUMMARY 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 various federal laws that might relate to the provisions created in the proposed chapter that affect the management and operation of the secured residential care centers anticipated to be created in this chapter.
First, Wisconsin opted to come into compliance with the federal Juvenile Justice and Delinquency Prevention Act (JJDPA), 34 U.S.C. § 11101, et seq., and the implementing regulations (28 CFR Part 31), thereby making certain funds under the Act available to Wisconsin counties. In general, the JJDPA and its regulations prohibit sight and sound contact between juveniles and adults. A facility may achieve sight and sound separation through architectural or procedural means. Sight or sound contact is permitted if it is both brief and inadvertent or accidental. Contacts must be reported as violations of the JJDPA. The JJDPA permits the transfer or placement of adjudicated delinquents in adult facilities once the juvenile has attained the age of full criminal responsibility under State law (17 years of age for Wisconsin). (34 U.S.C. § 11133 (a) (11), (12), and (13))
The JJPDA also regulates co-located facilities, that is, adult and juvenile facilities which are in the same building complex. The JJDPA requires sight and sound separation of juveniles and adults through architectural or procedural means. (34 U.S.C. § 11133 (a) (11 ), (12), and (13))
The JJDPA also limits the amount of time that a juvenile may be held in an adult jail or
lockup. (34 U.S.C. § 11133 (a) (11), (12), and (13))
The DOC anticipates that this proposed chapter will be consistent and in compliance with the standards imposed by the JJDPA.
Second, the Prison Rape Elimination Act (PREA) imposes certain standards on juvenile facilities pursuant to 28 CFR Part 115, Subpart D – Standards for Juvenile Facilities. In general, PREA imposes certain supervision and monitoring standards. The standards also impose staffing requirements, such as minimum of 1:8 during resident waking hours and 1:16 during resident sleeping hours. The DOC anticipates that this proposed chapter will be consistent and in compliance with the standards imposed by PREA.
7. ANTICIPATED ECONOMIC IMPACT OF IMPLEMENTING THE RULE. NOTE IF THE RULE IS LIKELY TO HAVE AN ECONOMIC IMPACT ON SMALL BUSINESSES.
The DOC estimates there will be no fiscal impact as a result of this rule applies to facilities that do not currently exist. Future operators of facilities governed by this rule will incur costs associated with operating a facility but those costs are presently indeterminate. Individual pieces of legislation may have had some fiscal impact, but these rule changes alone have no fiscal impact.
AGENCY CONTACT INFORMATION:
Contact Person: Katharine Ariss, Legal Counsel
Wisconsin Department of Corrections
Office of Legal Counsel
Mailing Address: Department of Corrections
c/o Glen A. Mercier II
P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5039
Date:
Kevin A. Carr
Secretary
Department of Corrections
