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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 812
December 8, 2023 - Introduced by Representatives MADISON, HAYWOOD, CLANCY,
BALDEH, C. ANDERSON, J. ANDERSON, CONLEY, CONSIDINE, EMERSON, JOERS,
MOORE OMOKUNDE, PALMERI, SHELTON, SINICKI, STUBBS, SUBECK and
NEUBAUER, cosponsored by Senators L. JOHNSON, TAYLOR, LARSON and
SPREITZER. Referred to Committee on Corrections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 301.034 of the statutes; relating to: informing certain inmates
and juveniles in custody of their rights under the law.
Analysis by the Legislative Reference Bureau
This bill provides that for adult inmates, the Department of Corrections for
state correctional institutions or the county sheriff for county jails or county houses
of correction must prepare a written document that lists the rights of all adult
inmates afforded under the U.S. Constitution, the Wisconsin Constitution, the
Wisconsin statutes, and any applicable administrative rules and that explains any
complaint processes available to inmates. DOC or the sheriff must update the
written document once per year or within one week of a legal change that affects
inmates' rights. DOC or the sheriff must post the document throughout the state
correctional institution or county jail or house of correction and provide copies to each
inmate upon entering the facility, being placed under restricted movement, being
placed in solitary confinement, or upon request at any time. The warden or
superintendent of a state correctional institution or the sheriff of a county jail or
house of correction must explain an inmate's rights as set forth in the document upon
the inmate entering the state correctional institution, county jail, or house of
correction; upon the inmate transferring between state correctional institutions,
county jails, or houses of correction; or upon request at any time.
The bill also provides the same requirements for juveniles in custody, except
that DOC is responsible for preparing the document relating to juveniles, posting
and distributing the document for type 1 juvenile detention facilities, and for
ensuring that any juvenile detention facility, secured residential care center for
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ASSEMBLY BILL 812
children and youth, or juvenile portion of the county jail approved by DOC has a plan
to distribute the document. The superintendent must explain a juvenile's rights as
set forth in the document upon the juvenile entering a facility, upon the juvenile
transferring between facilities, or upon request at any time.
For further information see the state and local 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. 301.034 of the statutes is created to read:
301.034 Notification of rights of inmates. (1) RIGHTS OF ADULT INMATES.
(a) The department shall prepare a written document that lists the rights of all
inmates of a state correctional institution afforded under the U.S. Constitution, the
Wisconsin Constitution, the Wisconsin statutes, and any applicable administrative
rules and that explains any complaint processes available to inmates. The
department shall update the written document under this paragraph once per year
or within one week of a legal change that affects inmates' rights. The department
shall post the document throughout each state correctional institution and provide
copies to each inmate upon entering a state correctional institution, being placed
under restricted movement, being placed in solitary confinement, or upon request at
any time. The warden or superintendent of a state correctional institution shall
explain to each inmate the contents of the document prepared under this paragraph
upon the inmate entering the state correctional institution, upon the inmate
transferring between state correctional institutions, or upon request at any time.
(b) The sheriff shall prepare a written document that lists the rights of all
inmates of a county jail or house of correction afforded under the U.S. Constitution,
the Wisconsin Constitution, the Wisconsin statutes, and any applicable
administrative rules and that explains any complaint processes available to
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inmates. The sheriff shall update the written document under this paragraph once
per year or within one week of a legal change that affects inmates' rights. The sheriff
shall post the document throughout the county jail or house of correction and provide
copies to each inmate upon entering the county jail or house of correction, being
placed under restricted movement, being placed in solitary confinement, or upon
request at any time. The sheriff shall explain to each inmate the contents of the
document prepared under this paragraph upon the inmate entering the county jail
or house of correction, upon the inmate transferring between county jails or houses
of correction, or upon request at any time.
(2) RIGHTS OF JUVENILES. (a) The department shall prepare a written document
that lists the rights of all juveniles being held in a type 1 juvenile correctional facility,
a juvenile detention facility, a secured residential care center for children and youth,
or juvenile portion of the county jail that are afforded under the U.S. Constitution,
the Wisconsin Constitution, the Wisconsin statutes, and any applicable
administrative rules and that explains any complaint processes available to
juveniles. The department shall update the written document under this paragraph
once per year or within one week of a legal change that affects juveniles' rights.
(b) The department shall post throughout each type 1 juvenile correctional
facility and provide copies of the document under par. (a) to each juvenile upon
entering a type 1 juvenile correctional facility, being placed under restricted
movement, being placed in solitary confinement, or upon request at any time.
(c) The department shall ensure that a requirement to post throughout the
facility and provide copies of the document under par. (a) to each juvenile upon
entering a facility, being placed under restricted movement, being placed in solitary
confinement, or upon request at any time is included with the plan for any juvenile
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detention facility, secured residential care center for children and youth, or juvenile
portion of the county jail approved under s. 938.22 (2) (a).
(d) The superintendent of a type 1 juvenile correctional facility, a juvenile
detention facility, a secured residential care center for children and youth, or juvenile
portion of the county jail shall explain to each juvenile the contents of the document
prepared under par. (a) upon the juvenile entering the facility, upon the juvenile
transferring between facilities, or upon request at any time.
(END)
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