AB152,2,32 15.07 (1) (b) 23. The members of the prison mortality and morbidity board
3appointed under s. 15.145 (4).
AB152, s. 2 4Section 2. 15.07 (3) (bm) 5. of the statutes is created to read:
115.07 (3) (bm) 5. The prison mortality and morbidity board shall meet at least
24 times each year and may meet at other times on the call of the chairperson or a
3majority of the board's members.
AB152, s. 3 4Section 3. 15.145 (4) of the statutes is created to read:
AB152,3,195 15.145 (4) Prison mortality and morbidity board. There is created in the
6department of corrections a prison mortality and morbidity board consisting of 12
7members appointed for 2-year terms. Eight of the members shall be appointed by
8the governor and shall include 2 representatives from the University of Wisconsin
9Hospitals and Clinics Authority, 2 representatives from the Medical College of
10Wisconsin, one physician from a health care provider other than the University of
11Wisconsin Hospitals and Clinics Authority or the Medical College of Wisconsin, one
12nurse employed by a state agency, one nurse employed by a private health
13maintenance organization or preferred provider plan, and one member who does not
14represent any of the foregoing entities. The other 4 members of the board shall be
15appointed by the secretary of corrections and shall be a warden of a state correctional
16facility, a manager of a unit within a state correctional facility that provides the
17health services to inmates, a registered nurse from a correctional institution, and a
18correctional officer. At least one member of the board shall be a physician who is
19certified and licensed as a forensics pathologist by the American Board of Pathology.
AB152, s. 4 20Section 4. 146.82 (2) (a) 22. of the statutes is created to read:
AB152,3,2221 146.82 (2) (a) 22. To the prison mortality and morbidity board to enable that
22board to investigate the death of an inmate under s. 979.15.
AB152, s. 5 23Section 5. 758.19 (5) (a) 5. of the statutes is amended to read:
1758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the court
2at the request of the district attorney, coroner, prison mortality and morbidity board,
3or medical examiner under s. 979.06 (1) and (2).
AB152, s. 6 4Section 6. 979.015 of the statutes is amended to read:
AB152,4,11 5979.015 Subpoena for documents. Upon the request of the coroner, medical
6examiner, prison mortality and morbidity board, or district attorney, a court shall
7issue a subpoena requiring the production of documents necessary for the
8determination of a decedent's cause of death. The documents may include the
9decedent's patient health care records and treatment records, as defined in ss. 51.30
10and 146.81 (4). The documents shall be returnable to the officer named in the
AB152, s. 7 12Section 7. 979.02 of the statutes is amended to read:
AB152,4,23 13979.02 Autopsies. The coroner, medical examiner, prison mortality and
14morbidity board,
or district attorney may order the conducting of an autopsy upon
15the body of a dead person any place within the state in cases where an inquest might
16be had as provided in s. 979.04 notwithstanding the fact that no such inquest is
17ordered or conducted. The autopsy shall be conducted by a licensed physician who
18has specialized training in pathology. The district attorney may move the circuit
19court for the county in which the body is buried for an order disinterring the body for
20purposes of autopsy. The order shall be granted by the circuit court upon a
21reasonable showing that any of the criteria specified in s. 979.04 exists. This section
22does not prevent additional autopsies or examinations of the body if there are
23unanswered pathological questions concerning the death and the causes of death.
AB152, s. 8 24Section 8. 979.04 (2) of the statutes is amended to read:
1979.04 (2) If the coroner or medical examiner has knowledge of the death of any
2person in the manner described under sub. (1), he or she shall immediately notify the
3district attorney. If the prison mortality and morbidity board has knowledge of the
4death of any person in the manner described under sub. (1), the board shall
5immediately notify the district attorney.
The notification shall include information
6concerning the circumstances surrounding the death. The coroner, prison mortality
7and morbidity board,
or medical examiner may request the district attorney to order
8an inquest under sub. (1). If the district attorney refuses to order the inquest, a
9coroner, the prison mortality and morbidity board, or a medical examiner may
10petition the circuit court to order an inquest. The court may issue the order if it finds
11that the district attorney has abused his or her discretion in not ordering an inquest.
AB152, s. 9 12Section 9. 979.06 (1) of the statutes is amended to read:
AB152,5,1813 979.06 (1) The judge or circuit court commissioner may issue subpoenas for
14witnesses at the request of the coroner, prison mortality and morbidity board, or
15medical examiner and shall issue subpoenas for witnesses requested by the district
16attorney. Subpoenas are returnable at the time and place stated therein in the
. Persons who are served with a subpoena may be compelled to attend
18proceedings in the manner provided in s. 885.12.
AB152, s. 10 19Section 10. 979.10 (1) (a) 2. of the statutes is amended to read:
AB152,5,2220 979.10 (1) (a) 2. The coroner or medical examiner in the county where the event
21which caused the death occurred if the death occurred in this state and if the death
22is the subject of an investigation under s. 979.01 or 979.15; or
AB152, s. 11 23Section 11. 979.15 of the statutes is created to read:
AB152,6,3 24979.15 Investigation of a prison inmate's death. (1) The prison mortality
25and morbidity board shall investigate the death of every individual who dies while

1he or she is an inmate in a state correctional institution, as defined in s. 301.01 (4).
2To facilitate the investigation, the board shall have access to all medical and prison
3records related to the deceased inmate.
AB152,6,20 4(2) Within 72 hours after the death of an inmate in a state correctional
5institution, the secretary of corrections shall notify every member of the prison
6mortality and morbidity board of the death. The secretary shall provide the board
7members with all of the information available to the department directly related to
8the inmate's death, including the date, time, location, and cause of death. The
9secretary shall provide the board with the inmate's prison records, information
10obtained as the result of any internal investigation of the death, and any medical
11records of the inmate that are in the custody of the department. The department
12shall cooperate with the board and provide any assistance the board requests while
13investigating the death of the inmate. The board, while performing its duties, may
14review medical records of the inmate in the custody of any medical provider;
15information related to the death in the custody of a law enforcement agency, district
16attorney, or the attorney general; information obtained by the coroner or medical
17examiner regarding the death of the inmate; and any information collected as the
18result of an autopsy ordered under s. 979.02 or an inquest ordered under s. 979.04.
19The board may interview department and law enforcement staff and subpoena
20witnesses and documents as part of its investigation.
AB152,6,23 21(3) The prison mortality and morbidity board shall prepare a report of the
22board's investigation of an inmate's death and submit that report to all of the
AB152,6,2424 (a) The appropriate relative of the deceased.
AB152,6,2525 (b) The secretary of corrections.
1(c) If appropriate, the district attorney.
AB152,7,32 (d) The speaker of the assembly and the president of the senate, or their
AB152,7,54 (e) Each member of the appropriate standing committee of the assembly and
5senate, as provided under s. 13.172 (3).
AB152,7,11 6(4) The prison mortality and morbidity board may make recommendations to
7the department regarding medical and other prison procedures, based on the board's
8investigation of an inmate's death. The board may also make recommendations to
9the department regarding possible disciplinary action against staff who did not
10follow departmental policies or procedures related to the circumstances surrounding
11the death of an inmate.
AB152,7,16 12(5) The prison mortality and morbidity board shall prepare and forward a
13complaint to the appropriate credentialing board, as defined in s. 440.01 (2) (bm), if,
14during the board's investigation of an inmate's death, the board determines that a
15medical provider failed to provide proper and necessary medical care to a prison
AB152,7,1717 (End)