1 | 1 | | LRB-4687/1 |
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2 | 2 | | MJW:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 806 |
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5 | 5 | | December 8, 2023 - Introduced by Representatives CLANCY, MADISON, BALDEH, J. |
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6 | 6 | | ANDERSON, CONLEY, EMERSON, HAYWOOD, MOORE OMOKUNDE, PALMERI, SHELTON |
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7 | 7 | | and STUBBS, cosponsored by Senators TAYLOR and LARSON. Referred to |
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8 | 8 | | Committee on Corrections. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to create 302.47 of the statutes; relating to: access to prisons and jails |
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11 | 11 | | for oversight purposes. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill provides that any legislator who is a member of a standing committee |
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14 | 14 | | of the legislature with jurisdiction over matters related to the Department of |
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15 | 15 | | Corrections must be provided immediate access, upon request, to a tour of any state |
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16 | 16 | | correctional institution that includes the residential areas, prison cells, meal areas, |
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17 | 17 | | and discussions with inmates. |
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18 | 18 | | The bill also provides that any employee of a political subdivision who, in the |
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19 | 19 | | course of his or her employment, is responsible for the oversight of a county jail, must |
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20 | 20 | | be provided immediate access, upon request, to a tour of any county jail under his or |
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21 | 21 | | her oversight or any county jail that has at least one person in custody who is a |
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22 | 22 | | permanent resident of the geographic region that the employee's position oversees |
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23 | 23 | | that includes the residential areas, prison cells, meal areas, and discussions with |
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24 | 24 | | inmates. |
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25 | 25 | | For purposes of the bill, “immediate access” means access with less than 24 |
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26 | 26 | | hours notice. Access may be denied only if it is between the hours of 9 p.m. and 6 a.m. |
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27 | 27 | | or if the requester has already had 12 access requests fulfilled in that calendar year. |
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28 | 28 | | A person who is denied immediate access between 9 p.m. and 6 a.m. must be provided |
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29 | 29 | | access between 6 a.m. and 9 p.m., and a person who is denied immediate access |
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30 | 30 | | because he or she has already had 12 requests fulfilled in that calendar year must |
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31 | 31 | | be provided access within 72 hours. |
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33 | 33 | | 2 - 2 -2023 - 2024 Legislature LRB-4687/1 |
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34 | 34 | | MJW:cdc |
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35 | 35 | | ASSEMBLY BILL 806 |
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36 | 36 | | For further information see the state and local fiscal estimate, which will be |
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37 | 37 | | printed as an appendix to this bill. |
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38 | 38 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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39 | 39 | | enact as follows: |
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40 | 40 | | SECTION 1. 302.47 of the statutes is created to read: |
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41 | 41 | | 302.47 Access to prisons and jails for oversight purposes. (1) In this |
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42 | 42 | | section: |
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43 | 43 | | (a) “Immediate access” means access with less than 24 hours notice. |
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44 | 44 | | (b) “Political subdivision” means a county, city, village, or town. |
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45 | 45 | | (2) Except as provided in sub. (4), any legislator who is a member of a standing |
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46 | 46 | | committee of the legislature with jurisdiction over matters related to the department |
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47 | 47 | | shall be provided immediate access, upon request, to a tour of any state correctional |
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48 | 48 | | institution that includes the residential areas, prison cells, meal areas, and |
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49 | 49 | | discussions with prisoners. |
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50 | 50 | | (3) Except as provided in sub. (4), any employee of a political subdivision who, |
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51 | 51 | | in the course of his or her employment, is responsible for the oversight of a county |
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52 | 52 | | jail, shall be provided immediate access, upon request, to a tour of any county jail |
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53 | 53 | | under his or her oversight or any county jail that has at least one person in custody |
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54 | 54 | | who is a permanent resident of the geographic region that the employee's position |
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55 | 55 | | oversees that includes the residential areas, prison cells, meal areas, and discussions |
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56 | 56 | | with prisoners. |
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57 | 57 | | (4) A county jail or state correctional institution may deny a legislator under |
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58 | 58 | | sub. (2) or an employee under sub. (3) access if any of the following applies: |
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77 | 77 | | 19 - 3 -2023 - 2024 Legislature |
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78 | 78 | | LRB-4687/1 |
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79 | 79 | | MJW:cdc |
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80 | 80 | | SECTION 1 |
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81 | 81 | | ASSEMBLY BILL 806 |
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82 | 82 | | (a) The visit is requested between the hours of 9 p.m. and 6 a.m. If immediate |
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83 | 83 | | access is denied under this paragraph, access shall be provided between the hours |
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84 | 84 | | of 6 a.m. and 9 p.m. |
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85 | 85 | | (b) The legislator or employee has already had 12 requests under sub. (2) or (3) |
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86 | 86 | | fulfilled in that calendar year. If immediate access is denied under this paragraph, |
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87 | 87 | | access shall be provided within 72 hours of when the access request was made. |
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88 | 88 | | (END) |
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