WI
Wisconsin Senate Bill SB729

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB729 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 729
55 November 21, 2023 - Introduced by Senator ROYS, cosponsored by Representatives
66 BALDEH, MADISON, CLANCY, HONG, MOORE OMOKUNDE, CONLEY, SINICKI, JOERS,
77 OHNSTAD, SHELTON, EMERSON, STUBBS, J. ANDERSON, PALMERI, SUBECK, DRAKE,
88 JACOBSON and ANDRACA. Referred to Committee on Judiciary and Public
99 Safety.
1010 AN ACT to create 301.03 (16m), 302.075 and 302.076 of the statutes; relating
1111 to: climate control in state correctional institutions and county jails and houses
1212 of correction and making an appropriation.
1313 Analysis by the Legislative Reference Bureau
1414 This bill requires the warden or superintendent of a state correctional
1515 institution or the county sheriff or person in charge of a county jail or house of
1616 correction to ensure that the heating, ventilation, and air conditioning in the state
1717 correctional institution or county jail or house of correction are in working order and
1818 to ensure that the temperature in each housing unit is not less than 68 degrees
1919 Fahrenheit and not more than 76 degrees Fahrenheit at all times. The bill also
2020 requires the warden or superintendent of a state correctional institution or the
2121 county sheriff or person in charge of a county jail or house of correction to record the
2222 temperatures in all housing facility common areas and two random cells located in
2323 substantially different areas of each housing unit on any day that the outdoor
2424 temperature is below 10 degrees Fahrenheit or above 90 degrees Fahrenheit and
2525 requires the Department of Corrections to report that temperature data to the
2626 legislature on an annual basis.
2727 The bill applies the temperature requirements in the bill to one-third of state
2828 correctional institutions on May 1, 2027; another one-third on May 1, 2029, and the
2929 final one-third of state correctional institutions and the county jails on May 1, 2033
3030 and directs DOC to determine the order in which to install heating, ventilation, or
3131 air conditioning systems in the state correctional institutions to meet those
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3636 SENATE BILL 729
3737 deadlines and report that information to the legislature. This bill provides $200,000
3838 to DOC in the 2023-24 fiscal year to complete the required report and $65,000,000
3939 in the 2024-25 fiscal year to install and operate heating, ventilation, and air
4040 conditioning in state correctional institutions as required under the bill.
4141 For further information see the state fiscal estimate, which will be printed as
4242 an appendix to this bill.
4343 The people of the state of Wisconsin, represented in senate and assembly, do
4444 enact as follows:
4545 SECTION 1. 301.03 (16m) of the statutes is created to read:
4646 301.03 (16m) (a) Submit to the chief clerk of each house of the legislature, for
4747 distribution to the appropriate standing committees under s. 13.172 (3) an annual
4848 report containing state correctional institution and county jail and house of
4949 correction temperature data from the following sources:
5050 1. The state correctional institution temperature data recorded under s.
5151 302.075 (2).
5252 2. The county jail and house of correction temperature data recorded under s.
5353 302.076 (2).
5454 (b) The department shall furnish each sheriff or person in charge of a county
5555 jail or house of correction with instructions that specify the information that is
5656 required to be reported under par. (a), a simple format in which to submit the
5757 information, the time it is to be forwarded, the process for submitting it, the method
5858 of classifying it, and any other matters that facilitate collection and compilation. The
5959 format provided under this paragraph shall, to the greatest extent feasible, minimize
6060 the time required by each person to submit the required information
6161 SECTION 2. 302.075 of the statutes is created to read:
6262 302.075 Prison climate control. (1) The warden or superintendent shall
6363 ensure that the heating, ventilation, and air conditioning in the state correctional
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8585 SECTION 2
8686 SENATE BILL 729
8787 institution are in working order and shall ensure that the temperature in each
8888 housing unit of the state correctional institution is not less than 68 degrees
8989 Fahrenheit and not more than 76 degrees Fahrenheit at all times.
9090 (2) On any day that the outdoor temperature is below 10 degrees Fahrenheit
9191 or above 90 degrees Fahrenheit, the warden or superintendent shall record the
9292 temperatures in all of the following areas of the state correctional institution:
9393 (a) On each level, every housing facility common area.
9494 (b) In each housing unit, two random cells that are located in substantially
9595 different areas of the housing unit.
9696 SECTION 3. 302.076 of the statutes is created to read:
9797 302.076 Climate control in a county jail or house of correction. (1) The
9898 sheriff or person in charge of a county jail or house of correction shall ensure that the
9999 heating, ventilation, and air conditioning in the county jail or house of correction are
100100 in working order and shall ensure that the temperature in each housing unit of the
101101 county jail or house of correction is not less than 68 degrees Fahrenheit and not more
102102 than 76 degrees Fahrenheit at all times.
103103 (2) On any day that the outdoor temperature is below 10 degrees Fahrenheit
104104 or above 90 degrees Fahrenheit, the sheriff or person in charge of the county jail or
105105 house of correction shall record the temperatures in all of the following areas of the
106106 county jail or house of correction:
107107 (a) On each level, every housing facility common area.
108108 (b) In each housing unit, two random cells that are located in substantially
109109 different areas of the housing unit.
110110 SECTION 4.0Nonstatutory provisions.
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136136 SECTION 4 SENATE BILL 729
137137 (1) The department of corrections shall determine the order in which to install
138138 heating, ventilation, or air conditioning in the state correctional institutions to meet
139139 the requirements under s. 302.075 (1), as follows:
140140 (a) The department of corrections shall identify one-third of the state
141141 correctional institutions in which to install heating, ventilation, or air conditioning
142142 by May 1, 2027.
143143 (b) The department of corrections shall identify one-third of the state
144144 correctional institutions in which to install heating, ventilation, or air conditioning
145145 by May 1, 2029.
146146 (c) The department of corrections shall identify one-third of the state
147147 correctional institutions in which to install heating, ventilation, or air conditioning
148148 by May 1, 2033.
149149 (2) No later than the first day of the 13th month following the effective date of
150150 this subsection, the department of corrections shall submit to the chief clerk of each
151151 house of the legislature, for distribution to the appropriate standing committees in
152152 the manner provided under s. 13.172 (3), a report describing how the department will
153153 prioritize modification of the state correctional facilities as required under sub. (1)
154154 to meet the temperature requirements under s. 302.075 (1) and identifying
155155 strategies to meet the heating and cooling needs of inmates prior to the deadlines
156156 under sub. (1), including using mobile water misters, issuing weather appropriate
157157 garments, and providing ice.
158158 SECTION 5.0Fiscal changes.
159159 (1) REPORT ON MODIFICATIONS TO HEATING, VENTILATION, AND AIR CONDITIONING IN
160160 STATE CORRECTIONAL INSTITUTIONS. In the schedule under s. 20.005 (3) for the
161161 appropriation to the department of corrections under s. 20.410 (1) (a), the dollar
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189189 SECTION 5
190190 SENATE BILL 729
191191 amount for fiscal year 2023-24 is increased by $200,000 to complete the report
192192 required under SECTION 4 (2) of this act.
193193 (2) HEATING, VENTILATION, OR AIR CONDITIONING INSTALLATION. In the schedule
194194 under s. 20.005 (3) for the appropriation to the department of corrections under s.
195195 20.410 (1) (aa), the dollar amount for fiscal year 2024-25 is increased by $65,000,000
196196 to install and operate heating, ventilation, or air conditioning systems required
197197 under s. 302.075 (1).
198198 SECTION 6.0Initial applicability.
199199 (1) The treatment of s. 302.075 (1) first applies to the state correctional
200200 institutions identified by the department of corrections under SECTION 4 (1) (a) of this
201201 act on May 1, 2027.
202202 (2) The treatment of s. 302.075 (1) first applies to the state correctional
203203 institutions identified by the department of corrections under SECTION 4 (1) (b) of this
204204 act on May 1, 2029.
205205 (3) The treatment of s. 302.075 (1) first applies to the state correctional
206206 institutions identified by the department of corrections under SECTION 4 (1) (c) of this
207207 act on May 1, 2033.
208208 SECTION 7.0Effective dates. This act takes effect on the day after publication,
209209 except as follows:
210210 (1) The treatment of s. 302.076 (1) takes effect on May 1, 2033.
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