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2023 - 2024 LEGISLATURE
2023 SENATE BILL 904
January 11, 2024 - Introduced by Senators TAYLOR, ROYS, L. JOHNSON, AGARD,
LARSON and SPREITZER, cosponsored by Representatives MADISON, CLANCY,
BALDEH, CONLEY, DRAKE, EMERSON, JACOBSON, MOORE OMOKUNDE, MYERS,
PALMERI, SNODGRASS, STUBBS and SUBECK. Referred to Committee on Judiciary
and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 301.39 and 301.40 of the statutes; relating to: reporting of and
notifications about restricted movement and solitary confinement in state
correctional institutions and county jails and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to establish and maintain on
its website an interactive reporting system that reports all of the following for each
state correctional institution or county jail: 1) whether any type of restriction upon
an inmate or group of inmates that impacts availability for visitation periods or
communication is in effect at that state correctional institution, and if a restriction
is in effect, a statement identifying the reason that the restriction is in effect and how
long the restriction has been in effect; 2) the number of inmates who are currently
being held in solitary confinement; and 3) the total number of inmates being held.
The bill requires sheriffs to report to DOC the information about inmate
movement restrictions, solitary confinement, and inmate total in the county jail that
is required to be reported in the DOC reporting system on a weekly basis, and
requires DOC furnish sheriffs with instructions, a format, and the process for
sending the information.
Under the bill, the reporting system must be active six months after the bill's
passage, and until the reporting system is active, DOC must report to the
appropriate standing committees of the legislature twice per week on any partial or
full prison lockdowns that are currently in effect and once every three months on the
total number of individuals who have been placed in solitary confinement during
that three-month period.
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SENATE BILL 904
The bill also requires DOC and sheriffs to establish and maintain a notification
system that allows up to three individuals designated by an inmate of a state
correctional institution or county jail the ability to elect to be automatically notified
via email, text message, or other electronic message within 24 hours of that inmate
being placed under any type of individual or group restriction that impacts
availability for visitation periods or other communication.
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. 301.39 of the statutes is created to read:
301.39 Notification of restriction affecting visitation periods or other
communication. (1) The department shall establish and maintain a notification
system that allows an individual designated by an inmate of a state correctional
institution the ability to elect to be automatically notified via email, text message,
or other electronic message within 24 hours of that inmate being placed under any
type of individual or group restriction that impacts availability for visitation periods
or communication. An inmate may designate up to 3 individuals to be notified under
this subsection and notifications may be terminated by the individual or inmate only.
The department may not terminate notifications under this subsection.
(2) The sheriff shall establish and maintain a notification system that allows
an individual designated by an inmate of a county jail the ability to elect to be
automatically notified via email, text message, or other electronic message within 24
hours of that inmate being placed under any type of individual or group restriction
that impacts availability for visitation periods or communication. An inmate may
designate up to 3 individuals to be notified under this subsection and notifications
may be terminated by the individual or inmate only. The sheriff may not terminate
notifications under this subsection.
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SECTION 2
SENATE BILL 904
SECTION 2. 301.40 of the statutes is created to read:
301.40 Restricted movement reporting system. (1) The department shall
establish and maintain on the department's website an interactive reporting system
that is updated no less frequently than every 48 hours that reports all of the following
information for each state correctional institution and county jail:
(a) Whether any type of restriction upon an inmate or group of inmates that
impacts availability for visitation periods or communication is in effect at that state
correctional institution or county jail, and if a restriction is in effect, a statement
identifying the reason that the restriction is in effect and how long the restriction has
been in effect.
(b) The number of inmates who are currently being held in solitary confinement
at that state correctional institution or county jail and disaggregated data
identifying the reasons for placement in solitary confinement.
(c) The total number of inmates who are currently being held at that state
correctional institution or county jail.
(2) (a) All sheriffs shall supply the department with the information described
in sub. (1) about the county jail in the format specified by the department in par. (b).
The information shall be submitted on a weekly basis and shall be current as of the
time the information is submitted.
(b) The department shall furnish sheriffs with instructions that specify the
information that is required to be reported under sub. (1), a simple format in which
to submit the information, the time it is to be forwarded, the process for submitting
the information, the method of classifying it, and any other matters that facilitate
collection and compilation. The format provided under this paragraph shall, to the
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SECTION 2 SENATE BILL 904
greatest extent feasible, minimize the time required by each sheriff to submit the
required information.
SECTION 3.0Nonstatutory provisions.
(1) The reporting system required under s. 301.40 (1) shall be operable by no
later than the first day of the 7th month beginning after the effective date of this
subsection.
(2) Until the reporting system required under s. 301.40 (1) is active on the
department of corrections' website, the department of corrections shall submit to the
chief clerk of each house of the legislature, for distribution to the appropriate
standing committees under s. 13.172 (3), the following reports:
(a) Twice per week, a report of any type of restriction upon an inmate or group
of inmates that are currently in effect.
(b) Once every 3 months, a report on the total number of individuals who have
been placed in solitary confinement during that 3-month period.
SECTION 4.0Fiscal changes.
(1) NOTIFICATION SYSTEM FOR RESTRICTIONS AFFECTING VISITING PERIODS OR OTHER
COMMUNICATION. In the schedule under s. 20.005 (3) for the appropriation to the
department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
2023-24 is increased by $233,300 to establish and operate the notification system
under s. 301.39 (1). In the schedule under s. 20.005 (3) for the appropriation to the
department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
2024-25 is increased by $350,000 to establish and operate the notification system
under s. 301.39 (1).
(END)
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