LRBs0179/1
PJH:kjf:nwn
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 139
December 19, 2007 - Offered by Representative Wasserman.
AB139-ASA1,1,4 1An Act to amend 20.916 (9) (f) 1., 979.025 (1), 979.08 (7) and 979.10 (1) (a) 2.;
2and to create 15.07 (1) (b) 24., 15.07 (3) (bm) 7., 15.145 (5), 51.30 (4) (b) 23g.,
351.30 (4) (b) 23r., 146.82 (2) (a) 22., 146.82 (2) (a) 23. and 979.028 of the statutes;
4relating to: review of deaths at correctional institutions.
Analysis by the Legislative Reference Bureau
Under current law, if a person dies while confined in a correctional facility, the
coroner or medical examiner for the county where the death occurred must conduct
an autopsy. In addition, the person in charge of the facility is required to notify the
appropriate relative of the inmate of the death. The Department of Corrections
(DOC) must also provide the relative with written notification that DOC, upon
request, will provide the relative with a copy of the autopsy report or any other report
or information regarding the inmate's death.
Separately, current law establishes procedures for inquests, which apply to
inmates and noninmates alike. Under current law, if the district attorney has notice
that the death of a person may have been the result of a homicide or suicide or may
have occurred under unexplained or suspicious circumstances, the district attorney
may order an inquest to determine the cause of the person's death. If a coroner or
medical examiner has similar knowledge about a person's death, the coroner or
medical examiner is required to notify the district attorney of the circumstances

surrounding the death and may request that the district attorney order an inquest.
The district attorney may order an inquest based on that information and may
request that the coroner or medical examiner conduct a preliminary examination
and report back to the district attorney. If the district attorney does not order an
inquest, the coroner or medical examiner may petition the circuit court to order an
inquest.
This substitute amendment expands the scope of the provision requiring
autopsies for persons who die while confined in a state correctional facility so that
it applies to a person in DOC's custody who dies while temporarily confined in, and
under a DOC contract with, a county jail or house of correction.
The substitute amendment also creates an Inmate and Resident Mortality
Board, which is composed of nine members and attached to DOC. Under the
substitute amendment, if a person in DOC custody dies while in an in-state or
out-of-state correctional institution, a county jail, or a house of correction, the board
must review the circumstances of the person's death. Within three business days
after the person's death, DOC must send a written notice to each member of the board
of the death and provide them with a summary of information regarding the death,
including the date, time, and place of the death. Upon request, DOC must also
provide a board member with the records that are in the custody of DOC (including
medical and mental health records) regarding the person who died and with any
information obtained as the result of DOC's internal review of the death.
In addition, DOC is required to provide any assistance the Inmate and Resident
Mortality Board needs to review the circumstances of the death. Beyond reviewing
information from DOC, the board may also review any medical and mental health
records of the inmate or resident in the custody of a medical or mental health
treatment provider; medical and mental health records in the custody of a law
enforcement agency; information obtained by the coroner or medical examiner
regarding the death; and information collected as a result of the autopsy.
The substitute amendment requires the board to issue a report regarding its
review of an inmate's death within 30 days after the meeting at which the board
completes its review and to submit that report to a relative of the deceased person,
to members of the appropriate standing committees of the senate and assembly, to
the secretary of DOC, and to the district attorney or attorney general, if appropriate.
The substitute amendment also requires the board to submit to DOC any
recommendations that it has regarding medical and other prison procedures, and
rules to implement them, based on the board's review of the death. If the board
determines during its review of a person's death that a medical provider failed to
provide appropriate, proper, and necessary medical care, the board is required under
the substitute amendment to prepare and forward a complaint to the appropriate
credentialing board.

Meetings of the Inmate and Resident Mortality Board are not subject to the
Open Meetings Law. Records prepared by the board are not subject to the Open
Records Law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB139-ASA1, s. 1 1Section 1. 15.07 (1) (b) 24. of the statutes is created to read:
AB139-ASA1,3,32 15.07 (1) (b) 24. The members of the inmate and resident mortality board
3appointed under s. 15.145 (5).
AB139-ASA1, s. 2 4Section 2. 15.07 (3) (bm) 7. of the statutes is created to read:
AB139-ASA1,3,65 15.07 (3) (bm) 7. The inmate and resident mortality board shall meet on the
6call of the chairperson or a majority of the board's members.
AB139-ASA1, s. 3 7Section 3. 15.145 (5) of the statutes is created to read:
AB139-ASA1,4,68 15.145 (5) Inmate and resident mortality board. There is created in the
9department of corrections an inmate and resident mortality board consisting of 9
10members appointed for 4-year terms. Five of the members shall be appointed by the
11governor and shall include one physician from the University of Wisconsin School of
12Medicine and Public Health, one physician from the Medical College of Wisconsin,
13one physician from a health care provider other than the University of Wisconsin
14School of Medicine and Public Health or the Medical College of Wisconsin, one
15registered nurse employed either by a private health maintenance organization or
16by a private hospital, and one member who does not represent any of the foregoing
17entities and who is not employed by a state agency. The other 4 members of the board
18shall be appointed by the secretary of corrections and shall be a warden of a state
19correctional facility, a manager of a unit within a state correctional facility that
20provides the health services to inmates, a health care provider who is employed by

1the department of corrections, and a correctional officer who shall be from a list
2provided to the secretary by the labor organization recognized or certified to
3represent the employees in the collective bargaining unit that represents
4correctional officers. At least one member of the board shall be a physician who is
5a pathologist with subspecialty training in forensic pathology and who is certified by
6the American Board of Pathology.
AB139-ASA1, s. 4 7Section 4. 20.916 (9) (f) 1. of the statutes is amended to read:
AB139-ASA1,4,138 20.916 (9) (f) 1. `Scheduled air travel.' Reimbursement for air travel shall be
9limited to the lowest appropriate airfare, as determined by the director of the office
10of state employment relations. An employee may be reimbursed for air travel at a
11rate other than the lowest appropriate airfare only if the employee submits a written
12explanation of the reasonableness of the expense. Members of the inmate and
13resident mortality board may not receive reimbursement for air travel.
AB139-ASA1, s. 5 14Section 5. 51.30 (4) (b) 23g. of the statutes is created to read:
AB139-ASA1,4,1615 51.30 (4) (b) 23g. To the inmate and resident mortality board to enable it to
16review the death of an inmate or resident under s. 978.028.
AB139-ASA1, s. 6 17Section 6. 51.30 (4) (b) 23r. of the statutes is created to read:
AB139-ASA1,4,1918 51.30 (4) (b) 23r. By the inmate and resident mortality board under s. 979.028
19(4), (5), or (6).
AB139-ASA1, s. 7 20Section 7. 146.82 (2) (a) 22. of the statutes is created to read:
AB139-ASA1,4,2221 146.82 (2) (a) 22. To the inmate and resident mortality board to enable it to
22review the death of an inmate or resident under s. 979.028.
AB139-ASA1, s. 8 23Section 8. 146.82 (2) (a) 23. of the statutes is created to read:
AB139-ASA1,5,3
1146.82 (2) (a) 23. By the inmate and resident mortality board under s. 979.028
2(4), (5), or (6). The board is not required to receive a request in order to release patient
3health care records under this subdivision.
AB139-ASA1, s. 9 4Section 9. 979.025 (1) of the statutes is amended to read:
AB139-ASA1,5,165 979.025 (1) Inmate or resident confined to an institution in this state. If an
6individual dies while he or she is in the legal custody of the department and dies
7while
confined to a state correctional facility located in this state institution, as
8defined in s. 301.01 (4), but excluding any institution that meets the criteria under
9s. 302.01 solely because of its status under s. 301.046 or 301.048 (4) (b), or while
10confined to a county jail or house of correction pursuant to a contract under s. 302.27
,
11the coroner or medical examiner of the county where the death occurred shall
12perform an autopsy on the deceased individual. If the coroner or medical examiner
13who performs the autopsy determines that the individual's death may have been the
14result of any of the situations that would permit the district attorney to order an
15inquest under s. 979.04 (1), the coroner or medical examiner shall follow the
16procedures under s. 979.04 (2).
AB139-ASA1, s. 10 17Section 10. 979.028 of the statutes is created to read:
AB139-ASA1,5,18 18979.028 Review of an inmate's or resident's death. (1) In this section:
AB139-ASA1,5,1919 (a) "Patient health care records" has the meaning given in s. 146.81 (4).
AB139-ASA1,5,2020 (b) "Treatment records" has the meaning given in s. 51.30 (1) (b).
AB139-ASA1,5,25 21(2) The inmate and resident mortality board shall review the circumstances of
22the death of every individual who is subject to an autopsy under s. 979.025. A
23member of the board shall disqualify himself or herself from any discussion
24regarding a specific death if he or she determines that he or she cannot act in an
25impartial manner regarding that death.
AB139-ASA1,6,12
1(3) (a) Within 3 business days, as defined in s. 421.301 (6), after the death of
2a person whose death requires the performance of an autopsy under s. 979.025, the
3secretary of corrections or the secretary's designee shall send a written notice to
4every member of the inmate and resident mortality board of the death. The written
5notification shall include a summary of information related to the person's death,
6including the date, time, and place of the death. At the request of any board member,
7the department shall provide the member with the records that are in the custody
8of the department regarding the person who died, including patient health care and
9treatment records, and any information obtained as a result of any departmental
10internal review of the death. The department shall cooperate with the board and
11provide any assistance the board requests to review the circumstances of the death
12of the inmate or resident.
AB139-ASA1,6,1713 (b) 1. If the board, while performing its duties, requests patient health care or
14treatment records that are in the custody of a health care provider, as defined in s.
15146.81 (1), the department of health and family services, a county department under
16s. 51.42 or 51.437 or its staff, or a treatment facility, as defined in s. 51.01 (19), the
17records shall be provided to the board for its review.
AB139-ASA1,6,2018 2. If the board, while performing its duties, requests patient health care or
19treatment records that are in the custody of a law enforcement agency, the agency
20shall provide the records to the board for its review.
AB139-ASA1,6,2421 3. Upon request by the board, a coroner or medical examiner shall provide the
22board any information that it has obtained regarding the death of the inmate or
23resident. The board may also review any information collected through any of the
24following:
AB139-ASA1,6,2525 a. An autopsy performed under s. 979.025.
AB139-ASA1,7,2
1b. An inquest ordered under s. 979.04 if the inquest is not secret under s. 979.05
2(6).
AB139-ASA1,7,43 c. A secret inquest if a judge or circuit court commissioner has authorized the
4board to inspect the record of the inquest under s. 979.08 (7).
AB139-ASA1,7,9 5(4) (a) Except as provided in sub. (5), within 30 days after the meeting during
6which the board completes its review of an inmate's or resident's death, the inmate
7and resident mortality board shall prepare a summary report of the board's review
8of the inmate's or resident's death and submit that summary report to all of the
9following:
AB139-ASA1,7,1010 1. The appropriate relative of the deceased.
AB139-ASA1,7,1111 2. The secretary of corrections.
AB139-ASA1,7,1212 3. If appropriate, the attorney general or district attorney.
AB139-ASA1,7,1413 4. Notwithstanding s. 13.172 (3), the chairperson and the ranking minority
14member of the appropriate standing committee of the assembly and senate.
AB139-ASA1,7,1715 (b) The board may include patient health care or treatment records in a report
16prepared under par. (a), but only to the minimum extent necessary to summarize its
17conclusions regarding the inmate's or resident's death.
AB139-ASA1,7,23 18(5) If there is a criminal investigation of an inmate's or resident's death, the
19board may not issue a final report under sub. (4) regarding the board's review of the
20inmate's or resident's death until after that criminal investigation is completed. Any
21report issued before completion of the criminal investigation is preliminary and is
22subject to modification based on information received as a result of the criminal
23investigation.
AB139-ASA1,8,8 24(6) The inmate and resident mortality board shall make recommendations to
25the department regarding medical and other prison procedures, based on the board's

1review of an inmate's or resident's death. The board shall also refer concerns or
2recommendations to the department related to the performance of staff, including
3violations by staff of departmental policies, procedures, or work rules related to the
4circumstances surrounding the death. The inmate and resident mortality board
5shall prepare and forward a complaint to the appropriate credentialing board, as
6defined in s. 440.01 (2) (bm), if, during the board's review of an inmate's or resident's
7death, the board determines that a medical provider failed to provide the
8appropriate, proper, and necessary medical care.
AB139-ASA1,8,11 9(7) Subchapter V of ch. 19 does not apply to meetings of the inmate and resident
10mortality board. Records prepared under this section are not subject to inspection
11or copying under s. 19.35 (1).
AB139-ASA1,8,13 12(8) Records of any investigation, inquiry, proceeding, or conclusion of the
13inmate and resident mortality board are confidential under s. 146.38.
AB139-ASA1, s. 11 14Section 11. 979.08 (7) of the statutes is amended to read:
AB139-ASA1,8,1915 979.08 (7) The record of a secret inquest proceeding shall not be open for
16inspection unless so ordered by the judge or circuit court commissioner conducting
17the inquest upon petition by the district attorney or, in a case in which the
18circumstances of a person's death are reviewed under s. 979.028, the inmate and
19resident mortality board
.
AB139-ASA1, s. 12 20Section 12. 979.10 (1) (a) 2. of the statutes is amended to read:
AB139-ASA1,8,2421 979.10 (1) (a) 2. The Unless an autopsy is required under s. 979.025 (1), the
22coroner or medical examiner in the county where the event which caused the death
23occurred if the death occurred in this state and if the death is the subject of an
24investigation under s. 979.01; or
AB139-ASA1, s. 13 25Section 13. Nonstatutory provisions.
AB139-ASA1,9,8
1(1) Notwithstanding the length of terms for the members of the inmate and
2resident mortality board specified in section 15.145 (5) of the statutes, as created by
3this act, 2 initial members of the board appointed by the governor and 2 initial
4members appointed by the secretary of corrections shall be for a term of 4 years; 2
5initial members of the board appointed by the governor and one initial member
6appointed by the secretary of corrections shall be for a term of 3 years; and one initial
7member of the board appointed by the governor and one initial member appointed
8by the secretary of corrections shall be for a term of 2 years.
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