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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 804
December 8, 2023 - Introduced by Representatives CLANCY, MADISON, DRAKE,
EMERSON, HONG, J. ANDERSON, CONLEY, CONSIDINE, HAYWOOD, JOERS, MOORE
OMOKUNDE, PALMERI, SHELTON and STUBBS, cosponsored by Senator LARSON.
Referred to Committee on Corrections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 302.071 and 302.072 of the statutes; relating to: inmate access
to transparent windows and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to install, in every state
correctional institution, in every inmate residential cell that is connected to an
exterior wall, a window that is at least 1.5 square feet in size and that provides at
least 92 percent visibility to the outdoors. The window requirements under the bill
apply only if the correctional institution will remain structurally sound with the
windows in place. Under the bill, by October 1, 2026, DOC must install the windows,
and by October 1, 2026, county sheriffs must ensure the same window requirements
are met in county jails.
The bill also requires DOC or the county sheriff to provide every inmate with
three hours per day of outdoor viewing time through a window that provides 92
percent visibility to the outdoors. This requirement may be met by time spent
outdoors, by time spent in the inmate's cell if the cell has such a window, or, if the
inmate's cell does not have such a window, by moving the inmate to a location within
the state correctional institution or county jail that does have a window that provides
at least 92 percent visibility to the outdoors.
The bill provides to DOC $200,000 in fiscal year 2023-24 and $3,000,000 in
fiscal year 2024-25 for the purpose of installing windows in state correctional
institutions to meet the requirements of the bill.
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ASSEMBLY BILL 804
For further information see the state 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. 302.071 of the statutes is created to read:
302.071 Window access by inmates of state correctional institutions.
(1) The department shall ensure that, by no later than October 1, 2026, in each state
correctional institution, every inmate residential cell that utilizes an exterior wall
of the structure has a window in the cell that is at least 1.5 square feet in size and
that is constructed of a transparent material that provides at least 92 percent
visibility to the outdoors. The requirement under this subsection applies only if the
state correctional institution will remain structurally sound with the windows in
place.
(2) The warden or superintendent shall ensure that each inmate in a state
correctional institution is permitted to view the outdoors through a transparent
window that provides at least 92 percent visibility to the outdoors for at least 3 hours
per day unless the inmate is subject to a prison lockdown or is being held in solitary
confinement. The requirement under this subsection may be met in any of the
following ways:
(a) By time spent outdoors.
(b) By time spent in the inmate's residential cell if the cell has a window that
is constructed of a transparent material and that provides at least 92 percent
visibility to the outdoors.
(c) If the inmate's residential cell does not have a window that is constructed
of a transparent material and that provides at least 92 percent visibility to the
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SECTION 1
ASSEMBLY BILL 804
outdoors, by time spent in another location within the state correctional institution
where the inmate may access a window that provides at least 92 percent visibility
to the outdoors.
SECTION 2. 302.072 of the statutes is created to read:
302.072 Window access by inmates of county jails. (1) The sheriff shall
ensure that, by no later than October 1, 2026, in the county jail, every inmate
residential cell that utilizes an exterior wall of the structure has a window in the cell
that is at least 1.5 square feet in size and that is constructed of a transparent
material that provides at least 92 percent visibility to the outdoors. The requirement
under this subsection applies only if the county jail will remain structurally sound
with the windows in place.
(2) The sheriff shall ensure that each inmate in a county jail is permitted to
view the outdoors through a transparent window that provides at least 92 percent
visibility to the outdoors for at least 3 hours per day unless the inmate is subject to
a jail lockdown or is being held in solitary confinement. The requirement under this
subsection may be met in any of the following ways:
(a) By time spent outdoors.
(b) By time spent in the inmate's residential cell if the cell has a window that
is constructed of a transparent material and that provides at least 92 percent
visibility to the outdoors.
(c) If the inmate's residential cell does not have a window that is constructed
of a transparent material and that provides at least 92 percent visibility to the
outdoors, by time spent in another location within the county jail where the inmate
may access a window that provides at least 92 percent visibility to the outdoors.
SECTION 3.0Fiscal changes.
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SECTION 3 ASSEMBLY BILL 804
(1) INSTALLATION OF WINDOWS IN STATE CORRECTIONAL INSTITUTIONS. In the
schedule under s. 20.005 (3) for the appropriation to the department of corrections
under s. 20.410 (1) (aa), the dollar amount for fiscal year 2023-24 is increased by
$200,000 to install windows in state correctional institutions as required under s.
302.071 (1). In the schedule under s. 20.005 (3) for the appropriation to the
department of corrections under s. 20.410 (1) (aa), the dollar amount for fiscal year
2024-25 is increased by $3,000,000 to install windows in state correctional
institutions as required under s. 302.071 (1).
SECTION 4.0Effective date.
(1) STATE CORRECTIONAL INSTITUTION INMATE OUTDOOR VIEWING. The treatment
of s. 302.071 (2) takes effect on the first day of the 7th month beginning after the
effective date of this subsection.
(END)
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