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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 771
December 8, 2023 - Introduced by Representatives DRAKE, CLANCY, MADISON,
SINICKI, CONLEY, JOERS, SHELTON, EMERSON, J. ANDERSON, STUBBS, PALMERI,
SUBECK, ANDRACA, JACOBSON, HAYWOOD and NEUBAUER, cosponsored by
Senators ROYS, LARSON and TAYLOR. Referred to Committee on Corrections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 302.081 and 302.082 of the statutes; relating to: recreational
opportunities and structured programming for inmates in state correctional
institutions and county jails and houses of correction.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to ensure that all state
correctional institutions provide, and sheriffs to ensure that all county jails and
houses of correction provide, recreational opportunities and organized, structured
programming that is relevant to the interests and needs of the inmates being held
in the state correctional institutions, jails, and houses of correction.
The bill also requires that when staffing levels meet or exceed 80 percent for
officer staffing and structured programming staffing, each inmate is allowed at least
35 hours per week to engage in recreational opportunities and structured
programming with an average of at least five total hours per day for such activities
and programming, and if such staffing levels are less than 80 percent, each inmate
is allowed at least 21 hours per week to engage in recreational opportunities and
structured programming with an average of at least three total hours per day for
such activities and programming. Of the 35 or 21 hours per week, each inmate must
be allowed at least seven hours per week to engage in recreational opportunities and
at least 14 hours per week to engage in structured programming, of which at least
five hours must be structured programming other than work experience. Under the
bill, recreation and structured programming privileges may be denied for a period
of up to 10 consecutive days if the inmate is subject to a partial or full prison or jail
lockdown or is currently being held in solitary confinement.
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For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 302.081 of the statutes is created to read:
302.081 Recreation and programming in state correctional
institutions. (1) The department shall ensure that all state correctional
institutions provide recreational opportunities and organized, structured
programming that is relevant to the interests and needs of the inmates of the state
correctional institutions. The department shall prioritize the following types of
structured programming under this subsection:
(a) Academic instruction.
(b) Vocational training.
(c) Career development.
(d) Work experience.
(e) Reentry planning.
(f) Faith-based activities.
(g) Behavioral health.
(h) Health and wellness.
(i) Technology literacy.
(j) Social-cultural enrichment.
(2) (a) If the level of correctional officer staffing and structured programming
staffing is equal to or greater than 80 percent for a state correctional institution,
except as provided in par. (c), the warden or superintendent of the state correctional
institution shall ensure that each inmate is allowed not less than 35 hours per week
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SECTION 1
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to engage in recreational opportunities and structured programming under sub. (1),
with an average of not less than 5 total hours per day for such activities and
programming. Of the 35 hours per week, each inmate shall be allowed not less than
7 hours per week to engage in recreational opportunities and not less than 14 hours
per week to engage in structured programming, of which at least 5 hours shall be
allocated to structured programming other than work experience under sub. (1) (d).
(b) If the level of correctional officer staffing and structured programming
staffing is less than 80 percent for a state correctional institution, except as provided
in par. (c), the warden or superintendent of the state correctional institution shall
ensure that each inmate is allowed 21 hours per week to engage in recreational
opportunities and structured programming under sub. (1), with an average of not
less than 3 total hours per day for such activities and programming. Of the 21 hours
per week, each inmate shall be allowed not less than 7 hours per week to engage in
recreational opportunities and not less than 14 hours per week to engage in
structured programming, of which at least 5 hours shall be allocated to structured
programming other than work experience under sub. (1) (d).
(c) If an inmate is subject to a partial or full prison lockdown or is currently
being held in solitary confinement, the warden or superintendent of the state
correctional institution may deny the inmate the time specified under par. (a) or (b)
to engage in recreational opportunities and structured programming for a period not
to exceed 10 consecutive days.
SECTION 2. 302.082 of the statutes is created to read:
302.082 Recreation and programming in county jails and houses of
correction. (1) The sheriff shall ensure that the county jail or house of correction
provides recreational opportunities and organized, structured programming that is
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relevant to the interests and needs of the inmates of the county jail or house of
correction. The sheriff shall prioritize the following types of structured
programming under this subsection:
(a) Academic instruction.
(b) Vocational training.
(c) Career development.
(d) Work experience.
(e) Reentry planning.
(f) Faith-based activities.
(g) Behavioral health.
(h) Health and wellness.
(i) Technology literacy.
(j) Social-cultural enrichment.
(2) (a) If the level of uniformed officer staffing and structured programming
staffing is equal to or greater than 80 percent for a county jail or house of correction,
except as provided in par. (c), the sheriff shall ensure that each inmate is allowed not
less than 35 hours per week to engage in recreational opportunities and structured
programming under sub. (1), with an average of not less than 5 total hours per day
for such activities and programming. Of the 35 hours per week, each inmate shall
be allowed not less than 7 hours per week to engage in recreational opportunities and
not less than 14 hours per week to engage in structured programming, of which at
least 5 hours shall be allocated to structured programming other than work
experience under sub. (1) (d).
(b) If the level of uniformed officer staffing and structured programming
staffing is less than 80 percent for a county jail or house of correction, except as
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SECTION 2
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provided in par. (c), the sheriff shall ensure that each inmate is allowed 21 hours per
week to engage in recreational opportunities and structured programming under
sub. (1), with an average of not less than 3 total hours per day for such activities and
programming. Of the 21 hours per week, each inmate shall be allowed not less than
7 hours per week to engage in recreational opportunities and not less than 14 hours
per week to engage in structured programming, of which at least 5 hours shall be
allocated to structured programming other than work experience under sub. (1) (d).
(c) If an inmate is subject to a partial or full jail lockdown or is currently being
held in solitary confinement, the sheriff may deny the inmate the time specified
under par. (a) or (b) to engage in recreational opportunities and structured
programming for a period not to exceed 10 consecutive days.
(END)
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