Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB772 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 772
5	5	December 8, 2023 - Introduced by Senators L. JOHNSON, TAYLOR, LARSON and
6	6	SPREITZER, cosponsored by Representatives MADISON, HAYWOOD, CLANCY,
7	7	BALDEH, C. ANDERSON, J. ANDERSON, CONLEY, CONSIDINE, EMERSON, JOERS,
8	8	MOORE OMOKUNDE, PALMERI, SHELTON, SINICKI, STUBBS and SUBECK. Referred
9	9	to Committee on Judiciary and Public Safety.
10	10	AN ACT to create 301.034 of the statutes; relating to: informing certain inmates
11	11	and juveniles in custody of their rights under the law.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that for adult inmates, the Department of Corrections for
14	14	state correctional institutions or the county sheriff for county jails or county houses
15	15	of correction must prepare a written document that lists the rights of all adult
16	16	inmates afforded under the U.S. Constitution, the Wisconsin Constitution, the
17	17	Wisconsin statutes, and any applicable administrative rules and that explains any
18	18	complaint processes available to inmates. DOC or the sheriff must update the
19	19	written document once per year or within one week of a legal change that affects
20	20	inmates' rights. DOC or the sheriff must post the document throughout the state
21	21	correctional institution or county jail or house of correction and provide copies to each
22	22	inmate upon entering the facility, being placed under restricted movement, being
23	23	placed in solitary confinement, or upon request at any time. The warden or
24	24	superintendent of a state correctional institution or the sheriff of a county jail or
25	25	house of correction must explain an inmate's rights as set forth in the document upon
26	26	the inmate entering the state correctional institution, county jail, or house of
27	27	correction; upon the inmate transferring between state correctional institutions,
28	28	county jails, or houses of correction; or upon request at any time.
29	29	The bill also provides the same requirements for juveniles in custody, except
30	30	that DOC is responsible for preparing the document relating to juveniles, posting
31	31	and distributing the document for type 1 juvenile detention facilities, and for
32	32	ensuring that any juvenile detention facility, secured residential care center for
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36	36	SENATE BILL 772
37	37	children and youth, or juvenile portion of the county jail approved by DOC has a plan
38	38	to distribute the document. The superintendent must explain a juvenile's rights as
39	39	set forth in the document upon the juvenile entering a facility, upon the juvenile
40	40	transferring between facilities, or upon request at any time.
41	41	For further information see the state and local fiscal estimate, which will be
42	42	printed as an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 301.034 of the statutes is created to read:
46	46	301.034 Notification of rights of inmates. (1) RIGHTS OF ADULT INMATES.
47	47	(a) The department shall prepare a written document that lists the rights of all
48	48	inmates of a state correctional institution afforded under the U.S. Constitution, the
49	49	Wisconsin Constitution, the Wisconsin statutes, and any applicable administrative
50	50	rules and that explains any complaint processes available to inmates. The
51	51	department shall update the written document under this paragraph once per year
52	52	or within one week of a legal change that affects inmates' rights. The department
53	53	shall post the document throughout each state correctional institution and provide
54	54	copies to each inmate upon entering a state correctional institution, being placed
55	55	under restricted movement, being placed in solitary confinement, or upon request at
56	56	any time. The warden or superintendent of a state correctional institution shall
57	57	explain to each inmate the contents of the document prepared under this paragraph
58	58	upon the inmate entering the state correctional institution, upon the inmate
59	59	transferring between state correctional institutions, or upon request at any time.
60	60	(b) The sheriff shall prepare a written document that lists the rights of all
61	61	inmates of a county jail or house of correction afforded under the U.S. Constitution,
62	62	the Wisconsin Constitution, the Wisconsin statutes, and any applicable
63	63	administrative rules and that explains any complaint processes available to
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85	85	SECTION 1
86	86	SENATE BILL 772
87	87	inmates. The sheriff shall update the written document under this paragraph once
88	88	per year or within one week of a legal change that affects inmates' rights. The sheriff
89	89	shall post the document throughout the county jail or house of correction and provide
90	90	copies to each inmate upon entering the county jail or house of correction, being
91	91	placed under restricted movement, being placed in solitary confinement, or upon
92	92	request at any time. The sheriff shall explain to each inmate the contents of the
93	93	document prepared under this paragraph upon the inmate entering the county jail
94	94	or house of correction, upon the inmate transferring between county jails or houses
95	95	of correction, or upon request at any time.
96	96	(2) RIGHTS OF JUVENILES. (a) The department shall prepare a written document
97	97	that lists the rights of all juveniles being held in a type 1 juvenile correctional facility,
98	98	a juvenile detention facility, a secured residential care center for children and youth,
99	99	or juvenile portion of the county jail that are afforded under the U.S. Constitution,
100	100	the Wisconsin Constitution, the Wisconsin statutes, and any applicable
101	101	administrative rules and that explains any complaint processes available to
102	102	juveniles. The department shall update the written document under this paragraph
103	103	once per year or within one week of a legal change that affects juveniles' rights.
104	104	(b) The department shall post throughout each type 1 juvenile correctional
105	105	facility and provide copies of the document under par. (a) to each juvenile upon
106	106	entering a type 1 juvenile correctional facility, being placed under restricted
107	107	movement, being placed in solitary confinement, or upon request at any time.
108	108	(c) The department shall ensure that a requirement to post throughout the
109	109	facility and provide copies of the document under par. (a) to each juvenile upon
110	110	entering a facility, being placed under restricted movement, being placed in solitary
111	111	confinement, or upon request at any time is included with the plan for any juvenile
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138	138	SECTION 1 SENATE BILL 772
139	139	detention facility, secured residential care center for children and youth, or juvenile
140	140	portion of the county jail approved under s. 938.22 (2) (a).
141	141	(d) The superintendent of a type 1 juvenile correctional facility, a juvenile
142	142	detention facility, a secured residential care center for children and youth, or juvenile
143	143	portion of the county jail shall explain to each juvenile the contents of the document
144	144	prepared under par. (a) upon the juvenile entering the facility, upon the juvenile
145	145	transferring between facilities, or upon request at any time.
146	146	(END)
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