2025 - 2026 LEGISLATURE
LRB-5486/1
MJW:cjs&cdc
December 2, 2025 - Introduced by Senators Roys and Larson, cosponsored by Representatives Phelps, Madison, Hong, Arney, Clancy, Tenorio, Bare, Joers, Moore Omokunde, Sinicki, Stroud, Stubbs and Udell. Referred to Committee on Judiciary and Public Safety.
SB715,1,4
1An Act to repeal 20.410 (1) (ac); to create 20.410 (1) (ac), 301.03 (16m), 2302.075 and 302.076 of the statutes; relating to: climate control in state
3correctional institutions and county jails and houses of correction and making
4an appropriation. Analysis by the Legislative Reference Bureau
This bill requires the warden or superintendent of a state correctional institution or the county sheriff or person in charge of a county jail or house of correction to ensure that the heating, ventilation, and air conditioning in the state correctional institution or county jail or house of correction are in working order and to ensure that the temperature in each housing unit is not less than 68 degrees Fahrenheit and not more than 76 degrees Fahrenheit at all times. The bill also requires the warden or superintendent of a state correctional institution or the county sheriff or person in charge of a county jail or house of correction to record the temperatures in all housing facility common areas and two random cells located in substantially different areas of each housing unit on any day that the outdoor temperature is below 10 degrees Fahrenheit or above 90 degrees Fahrenheit and requires the Department of Corrections to report that temperature data to the legislature on an annual basis.
The bill applies the temperature requirements in the bill to one-third of state correctional institutions on May 1, 2029; another one-third on May 1, 2031, and the final one-third of state correctional institutions and the county jails on May 1, 2035 and directs DOC to determine the order in which to install heating, ventilation, or air conditioning systems in the state correctional institutions to meet those deadlines and report that information to the legislature. This bill provides $500,000 to DOC in the 2025-26 fiscal year to complete the required report, $750,000 and 7.0 FTE positions to DOC in each year of the 2025-27 fiscal biennium to support updates to correctional institution heating, ventilation, and air conditioning systems, and provides a new $65,000,000 continuing appropriation beginning in the 2026-27 fiscal year to install and operate heating, ventilation, and air conditioning in state correctional institutions as required under the bill, which sunsets on May 1, 2031.
For further information see the state 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:
SB715,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 2insert the following amounts for the purposes indicated: SB715,28Section 2. 20.410 (1) (ac) of the statutes is created to read: SB715,2,11920.410 (1) (ac) Institutional heating, ventilation, and air conditioning systems. 10As a continuing appropriation, the amounts in the schedule to install and operate 11heating, ventilation, or air conditioning systems required under s. 302.075 (1). SB715,312Section 3. 20.410 (1) (ac) of the statutes, as affected by 2025 Wisconsin Act 13.... (this act), is repealed. SB715,414Section 4. 301.03 (16m) of the statutes is created to read: SB715,3,4
1301.03 (16m) (a) Submit to the chief clerk of each house of the legislature, for 2distribution to the appropriate standing committees under s. 13.172 (3) an annual 3report containing state correctional institution and county jail and house of 4correction temperature data from the following sources: SB715,3,651. The state correctional institution temperature data recorded under s. 6302.075 (2). SB715,3,872. The county jail and house of correction temperature data recorded under s. 8302.076 (2). SB715,3,159(b) The department shall furnish each sheriff or person in charge of a county 10jail or house of correction with instructions that specify the information that is 11required to be reported under par. (a), a simple format in which to submit the 12information, the time it is to be forwarded, the process for submitting it, the method 13of classifying it, and any other matters that facilitate collection and compilation. 14The format provided under this paragraph shall, to the greatest extent feasible, 15minimize the time required by each person to submit the required information. SB715,516Section 5. 302.075 of the statutes is created to read: SB715,3,2117302.075 Prison climate control. (1) The warden or superintendent shall 18ensure that the heating, ventilation, and air conditioning in the state correctional 19institution are in working order and shall ensure that the temperature in each 20housing unit of the state correctional institution is not less than 68 degrees 21Fahrenheit and not more than 76 degrees Fahrenheit at all times. SB715,4,222(2) On any day that the outdoor temperature is below 10 degrees Fahrenheit
1or above 90 degrees Fahrenheit, the warden or superintendent shall record the 2temperatures in all of the following areas of the state correctional institution: SB715,4,33(a) On each level, every housing facility common area. SB715,4,54(b) In each housing unit, two random cells that are located in substantially 5different areas of the housing unit. SB715,66Section 6. 302.076 of the statutes is created to read: SB715,4,127302.076 Climate control in a county jail or house of correction. (1) 8The sheriff or person in charge of a county jail or house of correction shall ensure 9that the heating, ventilation, and air conditioning in the county jail or house of 10correction are in working order and shall ensure that the temperature in each 11housing unit of the county jail or house of correction is not less than 68 degrees 12Fahrenheit and not more than 76 degrees Fahrenheit at all times. SB715,4,1613(2) On any day that the outdoor temperature is below 10 degrees Fahrenheit 14or above 90 degrees Fahrenheit, the sheriff or person in charge of the county jail or 15house of correction shall record the temperatures in all of the following areas of the 16county jail or house of correction: SB715,4,1717(a) On each level, every housing facility common area. SB715,4,1918(b) In each housing unit, two random cells that are located in substantially 19different areas of the housing unit. SB715,720Section 7. Nonstatutory provisions. SB715,4,2321(1) The department of corrections shall determine the order in which to 22install heating, ventilation, or air conditioning in the state correctional institutions 23to meet the requirements under s. 302.075 (1), as follows: SB715,5,3
1(a) The department of corrections shall identify one-third of the state 2correctional institutions in which to install heating, ventilation, or air conditioning 3by May 1, 2029. SB715,5,64(b) The department of corrections shall identify one-third of the state 5correctional institutions in which to install heating, ventilation, or air conditioning 6by May 1, 2031. SB715,5,97(c) The department of corrections shall identify one-third of the state 8correctional institutions in which to install heating, ventilation, or air conditioning 9by May 1, 2035. SB715,5,1810(2) No later than the first day of the 13th month following the effective date of 11this subsection, the department of corrections shall submit to the chief clerk of each 12house of the legislature, for distribution to the appropriate standing committees in 13the manner provided under s. 13.172 (3), a report describing how the department 14will prioritize modification of the state correctional facilities as required under sub. 15(1) to meet the temperature requirements under s. 302.075 (1) and identifying 16strategies to meet the heating and cooling needs of inmates prior to the deadlines 17under sub. (1), including using mobile water misters, issuing weather appropriate 18garments, and providing ice. SB715,819Section 8. Fiscal changes. SB715,6,220(1) Report on modifications to heating, ventilation, and air 21conditioning in state correctional institutions. In the schedule under s. 2220.005 (3) for the appropriation to the department of corrections under s. 20.410 (1)
1(a), the dollar amount for fiscal year 2025-26 is increased by $500,000 to complete 2the report required under Section 7 (2) of this act. SB715,6,133(2) Additional positions relating to heating, ventilation, and air 4conditioning in state correctional institutions. In the schedule under s. 520.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) 6(a), the dollar amount for fiscal year 2025-26 is increased by $750,000 to increase 7the authorized FTE positions for the department by 7.0 GPR positions, which shall 8include 2.0 engineer positions, 4.0 project manager positions, and 1.0 budget 9analyst position to support updates to correctional institution heating, ventilation, 10and air conditioning systems. In the schedule under s. 20.005 (3) for the 11appropriation to the department of corrections under s. 20.410 (1) (a), the dollar 12amount for fiscal year 2026-27 is increased by $750,000 to provide funding for the 13positions authorized under this subsection. SB715,914Section 9. Initial applicability. SB715,6,1715(1) The treatment of s. 302.075 (1) first applies to the state correctional 16institutions identified by the department of corrections under Section 7 (1) (a) of 17this act on May 1, 2029. SB715,6,2018(2) The treatment of s. 302.075 (1) first applies to the state correctional 19institutions identified by the department of corrections under Section 7 (1) (b) of 20this act on May 1, 2031. SB715,6,2321(3) The treatment of s. 302.075 (1) first applies to the state correctional 22institutions identified by the department of corrections under Section 7 (1) (c) of 23this act on May 1, 2035. SB715,10
1Section 10. Effective dates. This act takes effect on the day after 2publication, except as follows: SB715,7,33(1) The treatment of s. 302.076 (1) takes effect on May 1, 2035. SB715,7,44(2) The repeal of s. 20.410 (1) (ac) takes effect on May 1, 2031.