2017 - 2018 LEGISLATURE
April 24, 2017 - Introduced by Representatives Crowley, Bowen, Berceau,
Kessler, Vruwink, Considine, Mason, Sinicki, Zepnick, Billings, Zamarripa,
Subeck, Ohnstad and Spreitzer, cosponsored by Senators Johnson,
Carpenter and C. Larson. Referred to Committee on Corrections.
AB271,1,2 1An Act to renumber 302.10; and to create 302.10 (1) and 302.10 (3) of the
2statutes; relating to: placement of inmates in solitary confinement.
Analysis by the Legislative Reference Bureau
This bill prohibits the placement of any prison inmate with a serious mental
illness in solitary confinement for more than ten days, and requires that a mental
health evaluation be performed on any inmate before he or she is placed in solitary
confinement. The bill also requires that the Department of Corrections evaluate all
prison inmates being held in solitary confinement on the bill's effective date within
90 days and relocate any inmates for whom continued solitary confinement is
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB271,1 3Section 1. 302.10 of the statutes is renumbered 302.10 (2).
AB271,2 4Section 2. 302.10 (1) of the statutes is created to read:
AB271,2,35 302.10 (1) In this section, “serious mental illness” means those chronic mental
6disorders that cause long-standing problems with emotional regulation or reality
7testing, which leads to poor functioning in multiple domains, including social,

1occupational, and recreational domains. Serious mental illness includes psychotic
2disorders such as schizophrenia, schizoaffective disorder, bipolar disorder, major
3depression, and other psychoses not otherwise specified.
AB271,3 4Section 3. 302.10 (3) of the statutes is created to read:
AB271,2,65 302.10 (3) (a) No person with a serious mental illness may be confined to a
6solitary cell for more than 10 days except when exigent circumstances are present.
AB271,2,97 (b) Prior to confining an inmate to a solitary cell, a physician shall perform a
8mental health evaluation to determine whether par. (a) limits his or her period of
9confinement in a solitary cell.
AB271,4 10Section 4. Nonstatutory provisions.
AB271,2,1811 (1) Within 90 days of the effective date of this bill, the department of corrections
12shall review the status of all inmates being held in solitary confinement. The results
13of the review must be approved by the department's director of psychiatry, or his or
14her designee. If the review determines that an inmate who has a serious mental
15illness, as defined in section 302.10 (1) of the statutes, is being held in solitary
16confinement for a period longer than 10 days, the department shall move the inmate
17from that prolonged solitary confinement to a correctional mental health facility or
18other appropriate housing that does not include prolonged solitary confinement.
AB271,2,1919 (End)