Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB812 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 812
5	5	December 8, 2023 - Introduced by Representatives MADISON, HAYWOOD, CLANCY,
6	6	BALDEH, C. ANDERSON, J. ANDERSON, CONLEY, CONSIDINE, EMERSON, JOERS,
7	7	MOORE OMOKUNDE, PALMERI, SHELTON, SINICKI, STUBBS, SUBECK and
8	8	NEUBAUER, cosponsored by Senators L. JOHNSON, TAYLOR, LARSON and
9	9	SPREITZER. Referred to Committee on Corrections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 301.034 of the statutes; relating to: informing certain inmates
12	12	and juveniles in custody of their rights under the law.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that for adult inmates, the Department of Corrections for
15	15	state correctional institutions or the county sheriff for county jails or county houses
16	16	of correction must prepare a written document that lists the rights of all adult
17	17	inmates afforded under the U.S. Constitution, the Wisconsin Constitution, the
18	18	Wisconsin statutes, and any applicable administrative rules and that explains any
19	19	complaint processes available to inmates. DOC or the sheriff must update the
20	20	written document once per year or within one week of a legal change that affects
21	21	inmates' rights. DOC or the sheriff must post the document throughout the state
22	22	correctional institution or county jail or house of correction and provide copies to each
23	23	inmate upon entering the facility, being placed under restricted movement, being
24	24	placed in solitary confinement, or upon request at any time. The warden or
25	25	superintendent of a state correctional institution or the sheriff of a county jail or
26	26	house of correction must explain an inmate's rights as set forth in the document upon
27	27	the inmate entering the state correctional institution, county jail, or house of
28	28	correction; upon the inmate transferring between state correctional institutions,
29	29	county jails, or houses of correction; or upon request at any time.
30	30	The bill also provides the same requirements for juveniles in custody, except
31	31	that DOC is responsible for preparing the document relating to juveniles, posting
32	32	and distributing the document for type 1 juvenile detention facilities, and for
33	33	ensuring that any juvenile detention facility, secured residential care center for
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37	37	ASSEMBLY BILL 812
38	38	children and youth, or juvenile portion of the county jail approved by DOC has a plan
39	39	to distribute the document. The superintendent must explain a juvenile's rights as
40	40	set forth in the document upon the juvenile entering a facility, upon the juvenile
41	41	transferring between facilities, or upon request at any time.
42	42	For further information see the state and local fiscal estimate, which will be
43	43	printed as an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 301.034 of the statutes is created to read:
47	47	301.034 Notification of rights of inmates. (1) RIGHTS OF ADULT INMATES.
48	48	(a) The department shall prepare a written document that lists the rights of all
49	49	inmates of a state correctional institution afforded under the U.S. Constitution, the
50	50	Wisconsin Constitution, the Wisconsin statutes, and any applicable administrative
51	51	rules and that explains any complaint processes available to inmates. The
52	52	department shall update the written document under this paragraph once per year
53	53	or within one week of a legal change that affects inmates' rights. The department
54	54	shall post the document throughout each state correctional institution and provide
55	55	copies to each inmate upon entering a state correctional institution, being placed
56	56	under restricted movement, being placed in solitary confinement, or upon request at
57	57	any time. The warden or superintendent of a state correctional institution shall
58	58	explain to each inmate the contents of the document prepared under this paragraph
59	59	upon the inmate entering the state correctional institution, upon the inmate
60	60	transferring between state correctional institutions, or upon request at any time.
61	61	(b) The sheriff shall prepare a written document that lists the rights of all
62	62	inmates of a county jail or house of correction afforded under the U.S. Constitution,
63	63	the Wisconsin Constitution, the Wisconsin statutes, and any applicable
64	64	administrative rules and that explains any complaint processes available to
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86	86	SECTION 1
87	87	ASSEMBLY BILL 812
88	88	inmates. The sheriff shall update the written document under this paragraph once
89	89	per year or within one week of a legal change that affects inmates' rights. The sheriff
90	90	shall post the document throughout the county jail or house of correction and provide
91	91	copies to each inmate upon entering the county jail or house of correction, being
92	92	placed under restricted movement, being placed in solitary confinement, or upon
93	93	request at any time. The sheriff shall explain to each inmate the contents of the
94	94	document prepared under this paragraph upon the inmate entering the county jail
95	95	or house of correction, upon the inmate transferring between county jails or houses
96	96	of correction, or upon request at any time.
97	97	(2) RIGHTS OF JUVENILES. (a) The department shall prepare a written document
98	98	that lists the rights of all juveniles being held in a type 1 juvenile correctional facility,
99	99	a juvenile detention facility, a secured residential care center for children and youth,
100	100	or juvenile portion of the county jail that are afforded under the U.S. Constitution,
101	101	the Wisconsin Constitution, the Wisconsin statutes, and any applicable
102	102	administrative rules and that explains any complaint processes available to
103	103	juveniles. The department shall update the written document under this paragraph
104	104	once per year or within one week of a legal change that affects juveniles' rights.
105	105	(b) The department shall post throughout each type 1 juvenile correctional
106	106	facility and provide copies of the document under par. (a) to each juvenile upon
107	107	entering a type 1 juvenile correctional facility, being placed under restricted
108	108	movement, being placed in solitary confinement, or upon request at any time.
109	109	(c) The department shall ensure that a requirement to post throughout the
110	110	facility and provide copies of the document under par. (a) to each juvenile upon
111	111	entering a facility, being placed under restricted movement, being placed in solitary
112	112	confinement, or upon request at any time is included with the plan for any juvenile
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139	139	SECTION 1 ASSEMBLY BILL 812
140	140	detention facility, secured residential care center for children and youth, or juvenile
141	141	portion of the county jail approved under s. 938.22 (2) (a).
142	142	(d) The superintendent of a type 1 juvenile correctional facility, a juvenile
143	143	detention facility, a secured residential care center for children and youth, or juvenile
144	144	portion of the county jail shall explain to each juvenile the contents of the document
145	145	prepared under par. (a) upon the juvenile entering the facility, upon the juvenile
146	146	transferring between facilities, or upon request at any time.
147	147	(END)
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