Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB805 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 805
5	5	December 8, 2023 - Introduced by Representatives CLANCY, HONG, BALDEH,
6	6	MADISON, CONLEY, CONSIDINE, EMERSON, HAYWOOD, JOERS, MOORE OMOKUNDE,
7	7	OHNSTAD, SHELTON and STUBBS, cosponsored by Senators ROYS and L.
8	8	JOHNSON. Referred to Committee on Corrections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 302.094 of the statutes; relating to: in-person visiting periods
11	11	for inmates of state correctional institutions and county jails or houses of
12	12	correction.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that any visitor to a state correctional institution or county
15	15	jail or house of correction must be registered as a visitor of the inmate he or she is
16	16	visiting and that inmates may designate up to 25 individuals to be registered as his
17	17	or her visitors. The bill outlines a process that must be followed to unregister a
18	18	visitor.
19	19	The bill requires the Department of Corrections to allow inmates of state
20	20	correctional institutions and sheriffs to allow inmates of county jails or houses of
21	21	correction at least two in-person visiting periods per week unless the inmate is
22	22	subject to a lockdown or is in solitary confinement. If the inmate is subject to a
23	23	lockdown or is in solitary confinement, DOC or the sheriff may deny visits for a period
24	24	not to exceed 10 consecutive days.
25	25	The bill requires the warden or superintendent of a state correctional
26	26	institution or the sheriff for a county jail or house of correction to allow an inmate
27	27	to physically embrace each visitor for at least 20 seconds at the beginning and end
28	28	of each visiting period.
29	29	The bill requires the warden or superintendent of a state correctional
30	30	institution or the sheriff for a county jail or house of correction to provide visitors with
31	31	paper, a pen or pencil, and crayons or markers to use during a visit and requires that
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36	36	ASSEMBLY BILL 805
37	37	inmates be allowed to keep an original note, drawing, or other original work if it was
38	38	created during a visit using those materials that were provided by the warden,
39	39	superintendent, or sheriff.
40	40	For further information see the state fiscal estimate, which will be printed as
41	41	an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 302.094 of the statutes is created to read:
45	45	302.094 In-person visiting periods for inmates of state correctional
46	46	institutions and county jails or houses of correction. (1) DEFINITIONS. In this
47	47	section:
48	48	(a) “Visiting period” means an in-person visit between a visitor and an inmate
49	49	of a state correctional institution or county jail or house of correction.
50	50	(b) “Visitor” means any person who is visiting an inmate of a state correctional
51	51	institution or county jail or house of correction who is not one of the following:
52	52	1. An employee of or volunteer at the state correctional institution or county
53	53	jail or house of correction where the inmate is being held.
54	54	2. An attorney or counselor whose purpose is to provide legal support to the
55	55	inmate.
56	56	3. An elected official or government employee who is visiting the state
57	57	correctional institution or county jail or house of correction in an official capacity.
58	58	(2) REGISTERING VISITORS FOR VISITATION PERIODS. Any visitor to a state
59	59	correctional institution or county jail or house of correction shall be registered as a
60	60	visitor of the inmate he or she is visiting. Each inmate of a state correctional
61	61	institution or county jail or house of correction may designate 25 individuals to be
62	62	registered as his or her visitors. An inmate or visitor may request that the visitor
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84	84	SECTION 1
85	85	ASSEMBLY BILL 805
86	86	be unregistered as a visitor of that inmate at any time. The department, for a state
87	87	correctional institution, or the sheriff, for a county jail or house of correction, may not
88	88	unregister a visitor unless a reason is provided for the unregistration in writing, and
89	89	the unregistration shall be appealable by the inmate or visitor through a formal
90	90	complaint process.
91	91	(3) VISITING PERIODS FOR INMATES OF STATE CORRECTIONAL INSTITUTIONS. (a) 1.
92	92	Except as provided in subd. 2., the department shall ensure that each inmate of a
93	93	state correctional institution is allowed at least 2 visiting periods per week.
94	94	2. If an inmate is subject to a partial or full prison lockdown or is being held
95	95	in solitary confinement, the department may deny visiting periods under subd. 1. for
96	96	a period not to exceed 10 consecutive days.
97	97	(b) During a visiting period under par. (a) 1., the warden or superintendent
98	98	shall allow the inmate to physically embrace each visitor for a minimum of 20
99	99	seconds at the beginning and end of each visiting period.
100	100	(c) 1. During a visiting period under par. (a) 1., the warden or superintendent
101	101	shall, upon request, provide a visitor paper, a pen or pencil, and crayons or markers
102	102	for use during the visiting period.
103	103	2. Whenever a visitor produces an original note, drawing, or other original work
104	104	using materials provided under subd. 1., the inmate shall be permitted to retain that
105	105	original note, drawing, or other original work.
106	106	(4) VISITING PERIODS FOR INMATES OF COUNTY JAILS OR HOUSES OF CORRECTION. (a)
107	107	1. Except as provided in subd. 2., the sheriff shall ensure that each inmate of a county
108	108	jail or house of correction is allowed at least 2 visiting periods per week.
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133	133	SECTION 1 ASSEMBLY BILL 805
134	134	2. If an inmate is subject to a partial or full lockdown or is being held in solitary
135	135	confinement, the sheriff may deny visiting periods under subd. 1. for a period not to
136	136	exceed 10 consecutive days.
137	137	(b) During a visiting period under par. (a) 1., the sheriff shall allow the inmate
138	138	to physically embrace each visitor for a minimum of 20 seconds at the beginning and
139	139	end of each visiting period.
140	140	(c) 1. During a visiting period under par. (a) 1., the sheriff shall, upon request,
141	141	provide a visitor paper, a pen or pencil, and crayons or markers for use during the
142	142	visiting period.
143	143	2. Whenever a visitor produces an original note, drawing, or other original work
144	144	using materials provided under subd. 1., the inmate shall be permitted to retain that
145	145	original note, drawing, or other original work.
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