2017 - 2018 LEGISLATURE
April 20, 2017 - Introduced by Senators Johnson, Carpenter and C. Larson,
cosponsored by Representatives
Crowley, Bowen, Berceau, Kessler,
Vruwink, Considine, Mason, Sinicki, Zepnick, Billings, Zamarripa, Subeck,
Ohnstad and Spreitzer. Referred to Committee on Judiciary and Public
1An Act to renumber
302.10; and to create
302.10 (1) and 302.10 (3) of the 2
statutes; 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:
302.10 of the statutes is renumbered 302.10 (2).
302.10 (1) of the statutes is created to read:
In this section, “serious mental illness” means those chronic mental 6
disorders that cause long-standing problems with emotional regulation or reality 7
testing, which leads to poor functioning in multiple domains, including social,
occupational, and recreational domains. Serious mental illness includes psychotic 2
disorders such as schizophrenia, schizoaffective disorder, bipolar disorder, major 3
depression, and other psychoses not otherwise specified.
302.10 (3) of the statutes is created to read:
(a) No person with a serious mental illness may be confined to a 6
solitary cell for more than 10 days except when exigent circumstances are present.
(b) Prior to confining an inmate to a solitary cell, a physician shall perform a 8
mental health evaluation to determine whether par. (a) limits his or her period of 9
confinement in a solitary cell.
(1) Within 90 days of the effective date of this bill, the department of corrections 12
shall review the status of all inmates being held in solitary confinement. The results 13
of the review must be approved by the department's director of psychiatry, or his or 14
her designee. If the review determines that an inmate who has a serious mental 15
illness, as defined in section 302.10 (1) of the statutes, is being held in solitary 16
confinement for a period longer than 10 days, the department shall move the inmate 17
from that prolonged solitary confinement to a correctional mental health facility or 18
other appropriate housing that does not include prolonged solitary confinement.