Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB763 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 SENATE BILL 763
5	5	December 8, 2023 - Introduced by Senators ROYS and L. JOHNSON, cosponsored by
6	6	Representatives CLANCY, MADISON, CONLEY, CONSIDINE, EMERSON, HAYWOOD,
7	7	JOERS, MOORE OMOKUNDE, OHNSTAD, SHELTON, STUBBS and J. ANDERSON.
8	8	Referred to Committee on Judiciary and Public Safety.
9	9	AN ACT to create 302.094 of the statutes; relating to: in-person visiting periods
10	10	for inmates of state correctional institutions and county jails or houses of
11	11	correction.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that any visitor to a state correctional institution or county
14	14	jail or house of correction must be registered as a visitor of the inmate he or she is
15	15	visiting and that inmates may designate up to 25 individuals to be registered as his
16	16	or her visitors. The bill outlines a process that must be followed to unregister a
17	17	visitor.
18	18	The bill requires the Department of Corrections to allow inmates of state
19	19	correctional institutions and sheriffs to allow inmates of county jails or houses of
20	20	correction at least two in-person visiting periods per week unless the inmate is
21	21	subject to a lockdown or is in solitary confinement. If the inmate is subject to a
22	22	lockdown or is in solitary confinement, DOC or the sheriff may deny visits for a period
23	23	not to exceed 10 consecutive days.
24	24	The bill requires the warden or superintendent of a state correctional
25	25	institution or the sheriff for a county jail or house of correction to allow an inmate
26	26	to physically embrace each visitor for at least 20 seconds at the beginning and end
27	27	of each visiting period.
28	28	The bill requires the warden or superintendent of a state correctional
29	29	institution or the sheriff for a county jail or house of correction to provide visitors with
30	30	paper, a pen or pencil, and crayons or markers to use during a visit and requires that
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35	35	SENATE BILL 763
36	36	inmates be allowed to keep an original note, drawing, or other original work if it was
37	37	created during a visit using those materials that were provided by the warden,
38	38	superintendent, or sheriff.
39	39	For further information see the state fiscal estimate, which will be printed as
40	40	an appendix to this bill.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 302.094 of the statutes is created to read:
44	44	302.094 In-person visiting periods for inmates of state correctional
45	45	institutions and county jails or houses of correction. (1) DEFINITIONS. In this
46	46	section:
47	47	(a) “Visiting period” means an in-person visit between a visitor and an inmate
48	48	of a state correctional institution or county jail or house of correction.
49	49	(b) “Visitor” means any person who is visiting an inmate of a state correctional
50	50	institution or county jail or house of correction who is not one of the following:
51	51	1. An employee of or volunteer at the state correctional institution or county
52	52	jail or house of correction where the inmate is being held.
53	53	2. An attorney or counselor whose purpose is to provide legal support to the
54	54	inmate.
55	55	3. An elected official or government employee who is visiting the state
56	56	correctional institution or county jail or house of correction in an official capacity.
57	57	(2) REGISTERING VISITORS FOR VISITATION PERIODS. Any visitor to a state
58	58	correctional institution or county jail or house of correction shall be registered as a
59	59	visitor of the inmate he or she is visiting. Each inmate of a state correctional
60	60	institution or county jail or house of correction may designate 25 individuals to be
61	61	registered as his or her visitors. An inmate or visitor may request that the visitor
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83	83	SECTION 1
84	84	SENATE BILL 763
85	85	be unregistered as a visitor of that inmate at any time. The department, for a state
86	86	correctional institution, or the sheriff, for a county jail or house of correction, may not
87	87	unregister a visitor unless a reason is provided for the unregistration in writing, and
88	88	the unregistration shall be appealable by the inmate or visitor through a formal
89	89	complaint process.
90	90	(3) VISITING PERIODS FOR INMATES OF STATE CORRECTIONAL INSTITUTIONS. (a) 1.
91	91	Except as provided in subd. 2., the department shall ensure that each inmate of a
92	92	state correctional institution is allowed at least 2 visiting periods per week.
93	93	2. If an inmate is subject to a partial or full prison lockdown or is being held
94	94	in solitary confinement, the department may deny visiting periods under subd. 1. for
95	95	a period not to exceed 10 consecutive days.
96	96	(b) During a visiting period under par. (a) 1., the warden or superintendent
97	97	shall allow the inmate to physically embrace each visitor for a minimum of 20
98	98	seconds at the beginning and end of each visiting period.
99	99	(c) 1. During a visiting period under par. (a) 1., the warden or superintendent
100	100	shall, upon request, provide a visitor paper, a pen or pencil, and crayons or markers
101	101	for use during the visiting period.
102	102	2. Whenever a visitor produces an original note, drawing, or other original work
103	103	using materials provided under subd. 1., the inmate shall be permitted to retain that
104	104	original note, drawing, or other original work.
105	105	(4) VISITING PERIODS FOR INMATES OF COUNTY JAILS OR HOUSES OF CORRECTION. (a)
106	106	1. Except as provided in subd. 2., the sheriff shall ensure that each inmate of a county
107	107	jail or house of correction is allowed at least 2 visiting periods per week.
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132	132	SECTION 1 SENATE BILL 763
133	133	2. If an inmate is subject to a partial or full lockdown or is being held in solitary
134	134	confinement, the sheriff may deny visiting periods under subd. 1. for a period not to
135	135	exceed 10 consecutive days.
136	136	(b) During a visiting period under par. (a) 1., the sheriff shall allow the inmate
137	137	to physically embrace each visitor for a minimum of 20 seconds at the beginning and
138	138	end of each visiting period.
139	139	(c) 1. During a visiting period under par. (a) 1., the sheriff shall, upon request,
140	140	provide a visitor paper, a pen or pencil, and crayons or markers for use during the
141	141	visiting period.
142	142	2. Whenever a visitor produces an original note, drawing, or other original work
143	143	using materials provided under subd. 1., the inmate shall be permitted to retain that
144	144	original note, drawing, or other original work.
145	145	(END)
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