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301.01
(1d) "Assessment and evaluation" means the initial process in which
9an inmate participates in order to be oriented to the state correctional system and
10facilities, receive a security classification and an assignment to a state correctional
11institution and be offered a vocational, job, school or program assignment.
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12Section
17. 301.01 (1g) of the statutes is created to read:
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301.01
(1g) "Child" means a person who is less than 18 years of age.
AB507, s. 18
14Section
18. 301.042 of the statutes is created to read:
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15301.042 Assessment and evaluation: primary caretaker
16inmate-parents. (1) Definition. In this section, "primary caretaker
17inmate-parent" means any of the following:
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(a) A parent who is an inmate and who, before his or her imprisonment,
19assumed responsibility for the housing, including temporary placement in the home
20of a responsible adult, health and safety of his or her child.
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(b) A parent who is an inmate and who, before his or her imprisonment, had
22primary physical placement, as defined in s. 767.001 (5), of his or her child.
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(c) A woman who is an inmate and who gives birth, or is expected to give birth,
24to a child during the term for which the woman is imprisoned.
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1(d) A woman who is an inmate and who gives birth to a child within 6 months
2before her imprisonment.
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3(2) Declaration of status as primary caretaker inmate-parent. As soon as the
4department considers practicable during assessment and evaluation of an inmate,
5the department shall give the inmate the opportunity to declare his or her status as
6a primary caretaker inmate-parent. The department shall provide the inmate with
7a form to make that declaration and shall inform the inmate, orally and on the form,
8of the reasons for the declaration. The department shall, within 10 days after the
9declaration is signed, forward a copy of the signed declaration to the court assigned
10to exercise jurisdiction under chapter 48 that has jurisdiction over the declared
11primary caretaker inmate-parent's child and to the county department under s.
1246.215, 46.22 or 46.23 in the county of that court. The county department shall
13ensure that a copy of the declaration is given to the child's caseworker, if any. A
14declaration under this subsection is for purposes of notice only and has no effect on
15the inmate's actual status as a primary caretaker inmate-parent.
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16(3) Assessment of primary caretaker inmate-parent's situation and needs. 17During assessment and evaluation at the admitting state correctional institution of
18an inmate who is a primary caretaker inmate-parent, the department shall assess,
19among other things, all of the following:
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(a) Where the inmate's child is currently living.
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(b) Who is the current caregiver of the inmate's child.
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(c) Whether adequate arrangements can be made for contact between the
23inmate and the child.
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(d) Whether the child is the subject of a petition or a dispositional order under
25ch. 48.
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1(e) The need for the inmate to maintain contact with his or her child.
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2(4) Consideration of placement near child. In developing a final assessment
3and evaluation report, and in any subsequent review of the placement of an inmate
4who is a primary caretaker inmate-parent, the department shall, subject to security
5requirements, consider the feasibility of placing the inmate in a facility that is as
6close as possible to his or her child. The department shall specify in writing its
7reasons for placing or not placing the inmate in the closest possible facility to the
8inmate's child.
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9(5) Recommendations in report. A final assessment and evaluation report of
10an inmate who is a primary caretaker inmate-parent shall include
11recommendations regarding the services needed to assist the inmate in maintaining
12contact with his or her child and in assuming as much responsibility as possible for
13decision-making regarding the child.
AB507, s. 19
14Section
19. 301.043 of the statutes is created to read:
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15301.043 Visitation and other communication with inmate-parent's
16child. (1) Visitation with child. During the orientation portion of an inmate's
17assessment and evaluation, the inmate's social worker or other appropriate staff
18member at the institution shall do all of the following:
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(a) Determine whether the inmate has a child and, if so, determine whether the
20inmate desires visitation with that child.
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(b) Inquire whether there are any court-imposed restrictions on visits by the
22inmate's child or on contact with the inmate's family.
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(c) Provide the inmate with information describing selected resources that are
24available to assist the inmate in achieving visitation with his or her child.
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1(2) Telephone calls to child. (a) Except as provided in sub. (4), the
2department shall permit an inmate to have not less than one telephone conversation
3per week with his or her child. The department shall designate one or more
4appropriate persons, including the child's other parent or foster parent, treatment
5foster parent or a relative of the child who is caring for the child in the parent's
6absence, as persons who may accept telephone calls from the inmate to his or her
7child and place the child on the telephone for purposes of the call.
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(b) Except if the inmate's social worker determines that it would be detrimental
9to the child, the department shall encourage an inmate to have telephone contact
10with his or her child and to telephone his or her child not less than one time per week.
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(c) The department shall ensure that each state correctional institution makes
12available to inmates a written policy that contains a specific procedure for arranging
13telephone calls between an inmate and his or her child.
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14(3) Department rules. The department shall promulgate rules to implement
15this section. The rules shall encourage communication between an inmate and his
16or her child, through visits, telephone calls and correspondence, as a means of
17fostering reintegration into the community and maintenance of family ties and shall
18require the department to designate staff at each state correctional institution to
19facilitate communication between an inmate and his or her child, unless that
20communication is prohibited by court order.
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21(4) Limitations on prohibiting communication as sanction. (a) The
22department may not prohibit an inmate from visiting, telephoning or corresponding
23with his or her child unless the inmate has been disciplined by the department for
24misconduct that is directly related to visiting, telephoning or corresponding with the
25inmate's child.
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1(b) If an inmate is in segregation status, his or her telephone privileges may
2be suspended.
AB507, s. 17
3Section
17. 972.15 (1) of the statutes is amended to read:
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972.15
(1) After a conviction the court may order a presentence investigation,
5except that the court may order an employe of the department to conduct a
6presentence investigation only after a conviction for a felony.
In its presentence
7investigation report, the department shall provide information regarding a
8defendant's parental status, including the number and ages of the defendant's
9children, the defendant's legal custody and physical placement rights to those
10children, the current placement status of those children and any other relevant
11information that the court may request.
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13(1) The treatment of section 301.042 of the statutes first applies to any
14assessment and evaluation, as defined in section 301.01 (1d) of the statutes, as
15created by this act, commenced on the effective date of this subsection.
AB507, s. 19
16Section
19.
Effective dates. This act takes effect on the day after
17publication, except as follows:
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18(1)
Assessment and evaluation of primary caretaker inmate-parents. The
19treatment of section 301.042 of the statutes and
Section 18 of this act take effect on
20the first day of the 3rd month beginning after publication.