Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB904 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 904
5	5	January 11, 2024 - Introduced by Senators TAYLOR, ROYS, L. JOHNSON, AGARD,
6	6	LARSON and SPREITZER, cosponsored by Representatives MADISON, CLANCY,
7	7	BALDEH, CONLEY, DRAKE, EMERSON, JACOBSON, MOORE OMOKUNDE, MYERS,
8	8	PALMERI, SNODGRASS, STUBBS and SUBECK. Referred to Committee on Judiciary
9	9	and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 301.39 and 301.40 of the statutes; relating to: reporting of and
12	12	notifications about restricted movement and solitary confinement in state
13	13	correctional institutions and county jails and making an appropriation.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires the Department of Corrections to establish and maintain on
16	16	its website an interactive reporting system that reports all of the following for each
17	17	state correctional institution or county jail: 1) whether any type of restriction upon
18	18	an inmate or group of inmates that impacts availability for visitation periods or
19	19	communication is in effect at that state correctional institution, and if a restriction
20	20	is in effect, a statement identifying the reason that the restriction is in effect and how
21	21	long the restriction has been in effect; 2) the number of inmates who are currently
22	22	being held in solitary confinement; and 3) the total number of inmates being held.
23	23	The bill requires sheriffs to report to DOC the information about inmate
24	24	movement restrictions, solitary confinement, and inmate total in the county jail that
25	25	is required to be reported in the DOC reporting system on a weekly basis, and
26	26	requires DOC furnish sheriffs with instructions, a format, and the process for
27	27	sending the information.
28	28	Under the bill, the reporting system must be active six months after the bill's
29	29	passage, and until the reporting system is active, DOC must report to the
30	30	appropriate standing committees of the legislature twice per week on any partial or
31	31	full prison lockdowns that are currently in effect and once every three months on the
32	32	total number of individuals who have been placed in solitary confinement during
33	33	that three-month period.
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38	38	SENATE BILL 904
39	39	The bill also requires DOC and sheriffs to establish and maintain a notification
40	40	system that allows up to three individuals designated by an inmate of a state
41	41	correctional institution or county jail the ability to elect to be automatically notified
42	42	via email, text message, or other electronic message within 24 hours of that inmate
43	43	being placed under any type of individual or group restriction that impacts
44	44	availability for visitation periods or other communication.
45	45	For further information see the state and local fiscal estimate, which will be
46	46	printed as an appendix to this bill.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 301.39 of the statutes is created to read:
50	50	301.39 Notification of restriction affecting visitation periods or other
51	51	communication. (1) The department shall establish and maintain a notification
52	52	system that allows an individual designated by an inmate of a state correctional
53	53	institution the ability to elect to be automatically notified via email, text message,
54	54	or other electronic message within 24 hours of that inmate being placed under any
55	55	type of individual or group restriction that impacts availability for visitation periods
56	56	or communication. An inmate may designate up to 3 individuals to be notified under
57	57	this subsection and notifications may be terminated by the individual or inmate only.
58	58	The department may not terminate notifications under this subsection.
59	59	(2) The sheriff shall establish and maintain a notification system that allows
60	60	an individual designated by an inmate of a county jail the ability to elect to be
61	61	automatically notified via email, text message, or other electronic message within 24
62	62	hours of that inmate being placed under any type of individual or group restriction
63	63	that impacts availability for visitation periods or communication. An inmate may
64	64	designate up to 3 individuals to be notified under this subsection and notifications
65	65	may be terminated by the individual or inmate only. The sheriff may not terminate
66	66	notifications under this subsection.
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87	87	SECTION 2
88	88	SENATE BILL 904
89	89	SECTION 2. 301.40 of the statutes is created to read:
90	90	301.40 Restricted movement reporting system. (1) The department shall
91	91	establish and maintain on the department's website an interactive reporting system
92	92	that is updated no less frequently than every 48 hours that reports all of the following
93	93	information for each state correctional institution and county jail:
94	94	(a) Whether any type of restriction upon an inmate or group of inmates that
95	95	impacts availability for visitation periods or communication is in effect at that state
96	96	correctional institution or county jail, and if a restriction is in effect, a statement
97	97	identifying the reason that the restriction is in effect and how long the restriction has
98	98	been in effect.
99	99	(b) The number of inmates who are currently being held in solitary confinement
100	100	at that state correctional institution or county jail and disaggregated data
101	101	identifying the reasons for placement in solitary confinement.
102	102	(c) The total number of inmates who are currently being held at that state
103	103	correctional institution or county jail.
104	104	(2) (a) All sheriffs shall supply the department with the information described
105	105	in sub. (1) about the county jail in the format specified by the department in par. (b).
106	106	The information shall be submitted on a weekly basis and shall be current as of the
107	107	time the information is submitted.
108	108	(b) The department shall furnish sheriffs with instructions that specify the
109	109	information that is required to be reported under sub. (1), a simple format in which
110	110	to submit the information, the time it is to be forwarded, the process for submitting
111	111	the information, the method of classifying it, and any other matters that facilitate
112	112	collection and compilation. The format provided under this paragraph shall, to the
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138	138	SECTION 2 SENATE BILL 904
139	139	greatest extent feasible, minimize the time required by each sheriff to submit the
140	140	required information.
141	141	SECTION 3.0Nonstatutory provisions.
142	142	(1) The reporting system required under s. 301.40 (1) shall be operable by no
143	143	later than the first day of the 7th month beginning after the effective date of this
144	144	subsection.
145	145	(2) Until the reporting system required under s. 301.40 (1) is active on the
146	146	department of corrections' website, the department of corrections shall submit to the
147	147	chief clerk of each house of the legislature, for distribution to the appropriate
148	148	standing committees under s. 13.172 (3), the following reports:
149	149	(a) Twice per week, a report of any type of restriction upon an inmate or group
150	150	of inmates that are currently in effect.
151	151	(b) Once every 3 months, a report on the total number of individuals who have
152	152	been placed in solitary confinement during that 3-month period.
153	153	SECTION 4.0Fiscal changes.
154	154	(1) NOTIFICATION SYSTEM FOR RESTRICTIONS AFFECTING VISITING PERIODS OR OTHER
155	155	COMMUNICATION. In the schedule under s. 20.005 (3) for the appropriation to the
156	156	department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
157	157	2023-24 is increased by $233,300 to establish and operate the notification system
158	158	under s. 301.39 (1). In the schedule under s. 20.005 (3) for the appropriation to the
159	159	department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
160	160	2024-25 is increased by $350,000 to establish and operate the notification system
161	161	under s. 301.39 (1).
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