WI
Wisconsin Assembly Bill AB771

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB771 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 771
55 December 8, 2023 - Introduced by Representatives DRAKE, CLANCY, MADISON,
66 SINICKI, CONLEY, JOERS, SHELTON, EMERSON, J. ANDERSON, STUBBS, PALMERI,
77 SUBECK, ANDRACA, JACOBSON, HAYWOOD and NEUBAUER, cosponsored by
88 Senators ROYS, LARSON and TAYLOR. Referred to Committee on Corrections.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to create 302.081 and 302.082 of the statutes; relating to: recreational
1111 opportunities and structured programming for inmates in state correctional
1212 institutions and county jails and houses of correction.
1313 Analysis by the Legislative Reference Bureau
1414 This bill requires the Department of Corrections to ensure that all state
1515 correctional institutions provide, and sheriffs to ensure that all county jails and
1616 houses of correction provide, recreational opportunities and organized, structured
1717 programming that is relevant to the interests and needs of the inmates being held
1818 in the state correctional institutions, jails, and houses of correction.
1919 The bill also requires that when staffing levels meet or exceed 80 percent for
2020 officer staffing and structured programming staffing, each inmate is allowed at least
2121 35 hours per week to engage in recreational opportunities and structured
2222 programming with an average of at least five total hours per day for such activities
2323 and programming, and if such staffing levels are less than 80 percent, each inmate
2424 is allowed at least 21 hours per week to engage in recreational opportunities and
2525 structured programming with an average of at least three total hours per day for
2626 such activities and programming. Of the 35 or 21 hours per week, each inmate must
2727 be allowed at least seven hours per week to engage in recreational opportunities and
2828 at least 14 hours per week to engage in structured programming, of which at least
2929 five hours must be structured programming other than work experience. Under the
3030 bill, recreation and structured programming privileges may be denied for a period
3131 of up to 10 consecutive days if the inmate is subject to a partial or full prison or jail
3232 lockdown or is currently being held in solitary confinement.
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3737 ASSEMBLY BILL 771
3838 For further information see the state and local fiscal estimate, which will be
3939 printed as an appendix to this bill.
4040 The people of the state of Wisconsin, represented in senate and assembly, do
4141 enact as follows:
4242 SECTION 1. 302.081 of the statutes is created to read:
4343 302.081 Recreation and programming in state correctional
4444 institutions. (1) The department shall ensure that all state correctional
4545 institutions provide recreational opportunities and organized, structured
4646 programming that is relevant to the interests and needs of the inmates of the state
4747 correctional institutions. The department shall prioritize the following types of
4848 structured programming under this subsection:
4949 (a) Academic instruction.
5050 (b) Vocational training.
5151 (c) Career development.
5252 (d) Work experience.
5353 (e) Reentry planning.
5454 (f) Faith-based activities.
5555 (g) Behavioral health.
5656 (h) Health and wellness.
5757 (i) Technology literacy.
5858 (j) Social-cultural enrichment.
5959 (2) (a) If the level of correctional officer staffing and structured programming
6060 staffing is equal to or greater than 80 percent for a state correctional institution,
6161 except as provided in par. (c), the warden or superintendent of the state correctional
6262 institution shall ensure that each inmate is allowed not less than 35 hours per week
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8686 SECTION 1
8787 ASSEMBLY BILL 771
8888 to engage in recreational opportunities and structured programming under sub. (1),
8989 with an average of not less than 5 total hours per day for such activities and
9090 programming. Of the 35 hours per week, each inmate shall be allowed not less than
9191 7 hours per week to engage in recreational opportunities and not less than 14 hours
9292 per week to engage in structured programming, of which at least 5 hours shall be
9393 allocated to structured programming other than work experience under sub. (1) (d).
9494 (b) If the level of correctional officer staffing and structured programming
9595 staffing is less than 80 percent for a state correctional institution, except as provided
9696 in par. (c), the warden or superintendent of the state correctional institution shall
9797 ensure that each inmate is allowed 21 hours per week to engage in recreational
9898 opportunities and structured programming under sub. (1), with an average of not
9999 less than 3 total hours per day for such activities and programming. Of the 21 hours
100100 per week, each inmate shall be allowed not less than 7 hours per week to engage in
101101 recreational opportunities and not less than 14 hours per week to engage in
102102 structured programming, of which at least 5 hours shall be allocated to structured
103103 programming other than work experience under sub. (1) (d).
104104 (c) If an inmate is subject to a partial or full prison lockdown or is currently
105105 being held in solitary confinement, the warden or superintendent of the state
106106 correctional institution may deny the inmate the time specified under par. (a) or (b)
107107 to engage in recreational opportunities and structured programming for a period not
108108 to exceed 10 consecutive days.
109109 SECTION 2. 302.082 of the statutes is created to read:
110110 302.082 Recreation and programming in county jails and houses of
111111 correction. (1) The sheriff shall ensure that the county jail or house of correction
112112 provides recreational opportunities and organized, structured programming that is
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139139 SECTION 2 ASSEMBLY BILL 771
140140 relevant to the interests and needs of the inmates of the county jail or house of
141141 correction. The sheriff shall prioritize the following types of structured
142142 programming under this subsection:
143143 (a) Academic instruction.
144144 (b) Vocational training.
145145 (c) Career development.
146146 (d) Work experience.
147147 (e) Reentry planning.
148148 (f) Faith-based activities.
149149 (g) Behavioral health.
150150 (h) Health and wellness.
151151 (i) Technology literacy.
152152 (j) Social-cultural enrichment.
153153 (2) (a) If the level of uniformed officer staffing and structured programming
154154 staffing is equal to or greater than 80 percent for a county jail or house of correction,
155155 except as provided in par. (c), the sheriff shall ensure that each inmate is allowed not
156156 less than 35 hours per week to engage in recreational opportunities and structured
157157 programming under sub. (1), with an average of not less than 5 total hours per day
158158 for such activities and programming. Of the 35 hours per week, each inmate shall
159159 be allowed not less than 7 hours per week to engage in recreational opportunities and
160160 not less than 14 hours per week to engage in structured programming, of which at
161161 least 5 hours shall be allocated to structured programming other than work
162162 experience under sub. (1) (d).
163163 (b) If the level of uniformed officer staffing and structured programming
164164 staffing is less than 80 percent for a county jail or house of correction, except as
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192192 SECTION 2
193193 ASSEMBLY BILL 771
194194 provided in par. (c), the sheriff shall ensure that each inmate is allowed 21 hours per
195195 week to engage in recreational opportunities and structured programming under
196196 sub. (1), with an average of not less than 3 total hours per day for such activities and
197197 programming. Of the 21 hours per week, each inmate shall be allowed not less than
198198 7 hours per week to engage in recreational opportunities and not less than 14 hours
199199 per week to engage in structured programming, of which at least 5 hours shall be
200200 allocated to structured programming other than work experience under sub. (1) (d).
201201 (c) If an inmate is subject to a partial or full jail lockdown or is currently being
202202 held in solitary confinement, the sheriff may deny the inmate the time specified
203203 under par. (a) or (b) to engage in recreational opportunities and structured
204204 programming for a period not to exceed 10 consecutive days.
205205 (END)
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