WI
Wisconsin Assembly Bill AB757

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB757 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 757
55 December 6, 2023 - Introduced by Representatives BALDEH, MADISON, CLANCY,
66 HONG, MOORE OMOKUNDE, CONLEY, SINICKI, JOERS, OHNSTAD, SHELTON,
77 EMERSON, STUBBS, J. ANDERSON, PALMERI, SUBECK, DRAKE, JACOBSON, ANDRACA,
88 HAYWOOD and NEUBAUER, cosponsored by Senator ROYS. Referred to
99 Committee on Corrections.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to create 301.03 (16m), 302.075 and 302.076 of the statutes; relating
1212 to: climate control in state correctional institutions and county jails and houses
1313 of correction and making an appropriation.
1414 Analysis by the Legislative Reference Bureau
1515 This bill requires the warden or superintendent of a state correctional
1616 institution or the county sheriff or person in charge of a county jail or house of
1717 correction to ensure that the heating, ventilation, and air conditioning in the state
1818 correctional institution or county jail or house of correction are in working order and
1919 to ensure that the temperature in each housing unit is not less than 68 degrees
2020 Fahrenheit and not more than 76 degrees Fahrenheit at all times. The bill also
2121 requires the warden or superintendent of a state correctional institution or the
2222 county sheriff or person in charge of a county jail or house of correction to record the
2323 temperatures in all housing facility common areas and two random cells located in
2424 substantially different areas of each housing unit on any day that the outdoor
2525 temperature is below 10 degrees Fahrenheit or above 90 degrees Fahrenheit and
2626 requires the Department of Corrections to report that temperature data to the
2727 legislature on an annual basis.
2828 The bill applies the temperature requirements in the bill to one-third of state
2929 correctional institutions on May 1, 2027; another one-third on May 1, 2029, and the
3030 final one-third of state correctional institutions and the county jails on May 1, 2033
3131 and directs DOC to determine the order in which to install heating, ventilation, or
3232 air conditioning systems in the state correctional institutions to meet those
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3838 deadlines and report that information to the legislature. This bill provides $200,000
3939 to DOC in the 2023-24 fiscal year to complete the required report and $65,000,000
4040 in the 2024-25 fiscal year to install and operate heating, ventilation, and air
4141 conditioning in state correctional institutions as required under the bill.
4242 For further information see the state fiscal estimate, which will be printed as
4343 an appendix to this bill.
4444 The people of the state of Wisconsin, represented in senate and assembly, do
4545 enact as follows:
4646 SECTION 1. 301.03 (16m) of the statutes is created to read:
4747 301.03 (16m) (a) Submit to the chief clerk of each house of the legislature, for
4848 distribution to the appropriate standing committees under s. 13.172 (3) an annual
4949 report containing state correctional institution and county jail and house of
5050 correction temperature data from the following sources:
5151 1. The state correctional institution temperature data recorded under s.
5252 302.075 (2).
5353 2. The county jail and house of correction temperature data recorded under s.
5454 302.076 (2).
5555 (b) The department shall furnish each sheriff or person in charge of a county
5656 jail or house of correction with instructions that specify the information that is
5757 required to be reported under par. (a), a simple format in which to submit the
5858 information, the time it is to be forwarded, the process for submitting it, the method
5959 of classifying it, and any other matters that facilitate collection and compilation. The
6060 format provided under this paragraph shall, to the greatest extent feasible, minimize
6161 the time required by each person to submit the required information
6262 SECTION 2. 302.075 of the statutes is created to read:
6363 302.075 Prison climate control. (1) The warden or superintendent shall
6464 ensure that the heating, ventilation, and air conditioning in the state correctional
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8686 SECTION 2
8787 ASSEMBLY BILL 757
8888 institution are in working order and shall ensure that the temperature in each
8989 housing unit of the state correctional institution is not less than 68 degrees
9090 Fahrenheit and not more than 76 degrees Fahrenheit at all times.
9191 (2) On any day that the outdoor temperature is below 10 degrees Fahrenheit
9292 or above 90 degrees Fahrenheit, the warden or superintendent shall record the
9393 temperatures in all of the following areas of the state correctional institution:
9494 (a) On each level, every housing facility common area.
9595 (b) In each housing unit, two random cells that are located in substantially
9696 different areas of the housing unit.
9797 SECTION 3. 302.076 of the statutes is created to read:
9898 302.076 Climate control in a county jail or house of correction. (1) The
9999 sheriff or person in charge of a county jail or house of correction shall ensure that the
100100 heating, ventilation, and air conditioning in the county jail or house of correction are
101101 in working order and shall ensure that the temperature in each housing unit of the
102102 county jail or house of correction is not less than 68 degrees Fahrenheit and not more
103103 than 76 degrees Fahrenheit at all times.
104104 (2) On any day that the outdoor temperature is below 10 degrees Fahrenheit
105105 or above 90 degrees Fahrenheit, the sheriff or person in charge of the county jail or
106106 house of correction shall record the temperatures in all of the following areas of the
107107 county jail or house of correction:
108108 (a) On each level, every housing facility common area.
109109 (b) In each housing unit, two random cells that are located in substantially
110110 different areas of the housing unit.
111111 SECTION 4.0Nonstatutory provisions.
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137137 SECTION 4 ASSEMBLY BILL 757
138138 (1) The department of corrections shall determine the order in which to install
139139 heating, ventilation, or air conditioning in the state correctional institutions to meet
140140 the requirements under s. 302.075 (1), as follows:
141141 (a) The department of corrections shall identify one-third of the state
142142 correctional institutions in which to install heating, ventilation, or air conditioning
143143 by May 1, 2027.
144144 (b) The department of corrections shall identify one-third of the state
145145 correctional institutions in which to install heating, ventilation, or air conditioning
146146 by May 1, 2029.
147147 (c) The department of corrections shall identify one-third of the state
148148 correctional institutions in which to install heating, ventilation, or air conditioning
149149 by May 1, 2033.
150150 (2) No later than the first day of the 13th month following the effective date of
151151 this subsection, the department of corrections shall submit to the chief clerk of each
152152 house of the legislature, for distribution to the appropriate standing committees in
153153 the manner provided under s. 13.172 (3), a report describing how the department will
154154 prioritize modification of the state correctional facilities as required under sub. (1)
155155 to meet the temperature requirements under s. 302.075 (1) and identifying
156156 strategies to meet the heating and cooling needs of inmates prior to the deadlines
157157 under sub. (1), including using mobile water misters, issuing weather appropriate
158158 garments, and providing ice.
159159 SECTION 5.0Fiscal changes.
160160 (1) REPORT ON MODIFICATIONS TO HEATING, VENTILATION, AND AIR CONDITIONING IN
161161 STATE CORRECTIONAL INSTITUTIONS. In the schedule under s. 20.005 (3) for the
162162 appropriation to the department of corrections under s. 20.410 (1) (a), the dollar
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190190 SECTION 5
191191 ASSEMBLY BILL 757
192192 amount for fiscal year 2023-24 is increased by $200,000 to complete the report
193193 required under SECTION 4 (2) of this act.
194194 (2) HEATING, VENTILATION, OR AIR CONDITIONING INSTALLATION. In the schedule
195195 under s. 20.005 (3) for the appropriation to the department of corrections under s.
196196 20.410 (1) (aa), the dollar amount for fiscal year 2024-25 is increased by $65,000,000
197197 to install and operate heating, ventilation, or air conditioning systems required
198198 under s. 302.075 (1).
199199 SECTION 6.0Initial applicability.
200200 (1) The treatment of s. 302.075 (1) first applies to the state correctional
201201 institutions identified by the department of corrections under SECTION 4 (1) (a) of this
202202 act on May 1, 2027.
203203 (2) The treatment of s. 302.075 (1) first applies to the state correctional
204204 institutions identified by the department of corrections under SECTION 4 (1) (b) of this
205205 act on May 1, 2029.
206206 (3) The treatment of s. 302.075 (1) first applies to the state correctional
207207 institutions identified by the department of corrections under SECTION 4 (1) (c) of this
208208 act on May 1, 2033.
209209 SECTION 7.0Effective dates. This act takes effect on the day after publication,
210210 except as follows:
211211 (1) The treatment of s. 302.076 (1) takes effect on May 1, 2033.
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