LRB-3820/1
MGD:jlg:jf
1999 - 2000 LEGISLATURE
October 27, 1999 - Introduced by
Committee on Criminal Justice, by request of
Wisconsin Counties Association. Referred to Committee on Criminal Justice.
AB568,1,6
1An Act to repeal 302.36 (1g) and 302.36 (1r);
to renumber and amend 302.36
2(1) and 302.36 (2);
to amend 302.36 (title), 302.36 (title) and 302.36 (3); and
to
3create 302.36 (1g) and 302.36 (3) of the statutes;
relating to: classification of
4jail prisoners for the purpose of determining prisoner housing assignments, the
5type of prisoner supervision and the delivery of services and programs to
6prisoners.
Analysis by the Legislative Reference Bureau
Under current law, a county jail must keep certain prisoners separate from
other prisoners. Prisoners who have not been convicted must be kept separate from
prisoners who have been convicted, prisoners who are mentally ill must be kept
separate from prisoners who are not mentally ill, and prisoners of different sexes
must be kept separate. However, a sheriff, jailer or keeper of the jail may permit
prisoners of different sexes to dine together or to participate together in treatment
or in educational, vocational, religious or athletic activities, if the prisoners are
under such supervision that the sheriff, jailer or keeper of the jail considers
necessary.
This bill provides county jails the option of segregating prisoners under current
law or of establishing a prisoner classification system, which shall be used for the
purpose of determining prisoner housing assignments, the type of prisoner
supervision and the delivery of services and programs to prisoners. The prisoner
classification system must be based on objective criteria, which include a prisoner's
criminal offense record and gender, information relating to the current offense for
which he or she is sentenced, the prisoner's history of behavior in jail and medical
and mental health condition and any other factor necessary to provide for the
protection of prisoners, staff and the general public.
Under the bill, the option of employing the segregation system set forth in
current law expires on January 1, 2002. By that date, all jails must adopt a prisoner
classification system meeting the requirements discussed above.
For further information see the 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:
AB568, s. 1
1Section
1. 302.36 (title) of the statutes is amended to read:
AB568,2,2
2302.36 (title)
Segregation and classification of prisoners.
AB568, s. 2
3Section
2
. 302.36 (title) of the statutes, as affected by 1999 Wisconsin Act ....
4(this act), is amended to read:
AB568,2,6
5302.36 (title)
Segregation and classification Classification of
6prisoners.
AB568, s. 3
7Section
3. 302.36 (1) of the statutes is renumbered 302.36 (1r) (a) and
8amended to read:
AB568,2,139
302.36
(1r) (a) All jails
using a prisoner segregation system shall be provided
10with suitable wards or buildings or cells in the case of jail extensions under s. 59.54
11(14) (g) for the separation of criminals from noncriminals; persons of different sexes;
12and persons alleged to be mentally ill. All prisoners shall be kept segregated
13accordingly.
AB568, s. 4
14Section
4. 302.36 (1g) of the statutes is created to read:
AB568,2,1615
302.36
(1g) The sheriff, jailer or keeper of a jail shall segregate prisoners under
16sub. (1r) or establish a prisoner classification system under sub. (3).
AB568, s. 5
1Section
5. 302.36 (1g) of the statutes, as created by 1999 Wisconsin Act .... (this
2act), is repealed.
AB568, s. 6
3Section
6. 302.36 (1r) of the statutes, as affected by 1999 Wisconsin Act .... (this
4act), is repealed.
AB568, s. 7
5Section
7. 302.36 (2) of the statutes is renumbered 302.36 (1r) (b) and
6amended to read:
AB568,3,117
302.36
(1r) (b) Notwithstanding
sub. (1), the par. (a), a sheriff, jailer or keeper
8segregating prisoners under this subsection may permit prisoners of different sexes
9to participate together in treatment or in educational, vocational, religious or
10athletic activities or to eat together, under such supervision as the sheriff, jailer or
11keeper deems necessary.
AB568, s. 8
12Section
8. 302.36 (3) of the statutes is created to read:
AB568,3,2113
302.36
(3) If adopted by the sheriff, jailer or keeper of a jail, a prisoner
14classification system shall be used to determine prisoner housing assignments, the
15type of prisoner supervision and the delivery of services and programs to prisoners.
16The prisoner classification system shall be based on objective criteria, including a
17prisoner's criminal offense record and gender, information relating to the current
18offense for which the prisoner is in jail, the prisoner's history of behavior in jail and
19medical and mental health condition and any other factor the sheriff, jailer or keeper
20of a jail considers necessary to provide for the protection of prisoners, staff and the
21general public.
AB568, s. 9
22Section
9. 302.36 (3) of the statutes, as created by 1999 Wisconsin Act .... (this
23act), is amended to read:
AB568,4,724
302.36
(3) If adopted by the The sheriff, jailer or keeper of a jail
, shall establish 25a prisoner classification system
, which shall be used to determine prisoner housing
1assignments, the type of prisoner supervision and the delivery of services and
2programs to prisoners. The prisoner classification system shall be based on objective
3criteria, including a prisoner's criminal offense record and gender, information
4relating to the current offense for which the prisoner is in jail, the prisoner's history
5of behavior in jail and medical and mental health condition and any other factor the
6sheriff, jailer or keeper of a jail considers necessary to provide for the protection of
7prisoners, staff and the general public.
AB568, s. 10
8Section
10.
Effective dates. This act takes effect on the day after publication,
9except as follows:
AB568,4,1210
(1)
The treatment of section 302.36 (title) (by
Section 2
) of the statutes, the
11repeal of section 302.36 (1g) and (1r) of the statutes and the amendment of section
12302.36 (3) of the statutes take effect on January 1, 2002.
