Amendment SA1-SSA1-AB207

LRBa3056/1

JTK&JEO:skg&kaf:ks

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 1, To SENATE SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 207

January 16, 1996 - Offered by Senator Adelman.

AB207-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB207-SSA1-SA1,1,2 1. Page 1, line 7: delete that line and substitute:

AB207-SSA1-SA1,1,3 " Section 1d. 19.32 (1b) of the statutes is created to read:

AB207-SSA1-SA1,1,6 19.32 (1b) "Chemical agent" means an incapacitating agent in a form that includes, but is not limited to, a tear gas grenade, projectile, pepper fogger, riot shell or canister.

AB207-SSA1-SA1, s. 1h Section 1h. 19.32 (1bg) of the statutes is created to read:

AB207-SSA1-SA1,1,8 19.32 (1bg) "Disturbance" means any of the following:

AB207-SSA1-SA1,1,9 1. An assault on any person by 2 or more incarcerated persons.

AB207-SSA1-SA1,1,10 2. The taking of a hostage by an incarcerated person.

AB207-SSA1-SA1,1,12 3. The destruction of state property or the property of another by 2 or more incarcerated persons.

AB207-SSA1-SA1,1,14 4. The refusal by 2 or more incarcerated persons, acting in concert, to comply with an order to return to cells or rooms.

AB207-SSA1-SA1,2,2 5. Any words or acts that incite or encourage incarcerated persons to do anything described in subds. 1. to 4.

AB207-SSA1-SA1, s. 1p Section 1p. 19.32 (1br) of the statutes is created to read:

AB207-SSA1-SA1,2,4 19.32 (1br) "Immediate family member" means any of the following:

AB207-SSA1-SA1,2,5 1. A spouse.

AB207-SSA1-SA1,2,6 2. A grandparent, parent, sibling, child, stepchild or grandchild.

AB207-SSA1-SA1,2,7 3. The spouse of a person under subd. 2.

AB207-SSA1-SA1, s. 1t Section 1t. 19.32 (1c), (1dm) and (1e) of the statutes are created to read:".

AB207-SSA1-SA1,2,9 2. Page 1, line 11: after that line insert:

AB207-SSA1-SA1,2,13 "(1dm) "Mechanical restraint" means a device that restrains the free movement of a person's arms or legs. "Mechanical restraint" includes, but is not limited to, handcuffs, restraining belt or chains, leg restraints and leather and plastic restraints.".

AB207-SSA1-SA1,2,14 3. Page 2, line 1: delete lines 1 to 6 and substitute:

AB207-SSA1-SA1,2,15 " Section 2m. 19.32 (4) of the statutes is created to read:

AB207-SSA1-SA1,2,22 19.32 (4) "Special handling or placement records" means records that describe any special handling or placement needs or concerns regarding an incarcerated person because of his or her risk of suicide, escape or assaultive behavior; vulnerability; sexual orientation; medical or psychological problems; alcohol or other drug abuse problems; communication problems; relationships with other incarcerated persons or employes of the department of corrections; gang affiliations; or similar problems, risks, behaviors or relationships.".

AB207-SSA1-SA1,2,23 4. Page 2, line 18: after that line insert:

AB207-SSA1-SA1,3,2 " Section 3d. 19.36 (8) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 19.36 (8) (am) (intro.) and amended to read:

AB207-SSA1-SA1,3,9 19.36 (8) (am) (intro.) In this subsection: 1. "Informant" , "informant" means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:

AB207-SSA1-SA1, s. 3h Section 3h. 19.36 (8) (a) 1. a. and b. of the statutes are renumbered 19.36 (8) (am) 1. and 2.

AB207-SSA1-SA1, s. 3p Section 3p. 19.36 (8) (a) 2. of the statutes is renumbered 19.32 (1d).

AB207-SSA1-SA1, s. 3t Section 3t. 19.36 (10) of the statutes is created to read:

AB207-SSA1-SA1,3,16 19.36 (10) Requests by incarcerated persons. (a) Except as provided in par. (b), if the requester is an incarcerated person, an authority may withhold access to any record or portion of a record containing any of the following information:

AB207-SSA1-SA1,3,19 1. Procedures to be used in any penal facility in emergency situations, including, but not limited to, natural disasters, work stoppages, disturbances, taking of hostages and escapes.

AB207-SSA1-SA1,3,21 2. The quantity, type or location of weapons, ammunition, chemical agents or mechanical restraints maintained by any penal facility or law enforcement agency.

AB207-SSA1-SA1,3,22 3. Key and tool control procedures for any penal facility.

AB207-SSA1-SA1,3,24 4. Special handling or placement records of any incarcerated person other than the requester.

AB207-SSA1-SA1,4,2 5. Criminal record history information regarding any incarcerated person other than the requester.

AB207-SSA1-SA1,4,7 6. Except as required under sub. (8), statements made pursuant to a promise of confidentiality by any person other than the requester to employes of any penal facility or law enforcement agency in the course of an investigation of any alleged violation of state or federal law, state or federal parole conditions, rules or regulations, or the rules, policies and procedures of any penal facility.

AB207-SSA1-SA1,4,9 7. Judgments of criminal conviction of any incarcerated person other than the requester.

AB207-SSA1-SA1,4,12 8. Home addresses and telephone numbers of any employe of a penal facility or of the department of corrections, or of any immediate family member of an employe of a penal facility or the department of corrections.

AB207-SSA1-SA1,4,16 (b) If a record under par. (a) 4., 5. or 7. is accessible to the person who is the subject of the record, or if a record under par. (a) 6. is accessible to the person who makes the statement, a requester may have access to the record with the consent of that person.

AB207-SSA1-SA1,4,18 (c) This subsection does not apply to a request made by an attorney on behalf of an incarcerated person.".

AB207-SSA1-SA1,4,19 (End)