LRBs0170/1
MGD:jlg:jf
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 568
November 2, 1999 - Offered by Representative Goetsch.
AB568-ASA1,1,5
1An Act to renumber and amend 302.36 (1);
to amend 302.36 (title) and 302.36
2(2); and
to create 302.36 (1t), 302.36 (3) and 302.361 of the statutes;
relating
3to: classification of jail prisoners for the purpose of determining prisoner
4housing assignments, the type of prisoner supervision and the delivery of
5services and programs to prisoners.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB568-ASA1,1,7
7302.36 (title)
Segregation and classification of prisoners.
AB568-ASA1, s. 2
8Section
2. 302.36 (1) of the statutes is renumbered 302.36 (1m) and amended
9to read:
AB568-ASA1,2,210
302.36
(1m) All jails
using a prisoner segregation system shall be provided
11with suitable wards
or, buildings or
cells, in the case of jail extensions under s. 59.54
12(14) (g)
, cells for the separation of criminals from noncriminals; persons of different
1sexes; and persons alleged to be mentally ill. All prisoners shall be kept segregated
2accordingly.
AB568-ASA1,2,124
302.36
(1t) (a) If adopted by the sheriff, jailer or keeper of a jail, a prisoner
5classification system shall be used, subject to par. (b), to determine prisoner housing
6assignments, the type of prisoner supervision and the delivery of services and
7programs to prisoners. The prisoner classification system shall be based on objective
8criteria, including a prisoner's criminal offense record, information relating to the
9current offense for which the prisoner is in jail, the prisoner's history of behavior in
10jail and medical and mental health condition and any other factor the sheriff, jailer
11or keeper of a jail considers necessary to provide for the protection of prisoners, staff
12and the general public.
AB568-ASA1,2,1613
(b) All jails using a jail classification system shall be provided with suitable
14wards, buildings or, in the case of jail extensions under s. 59.54 (14) (g), cells for the
15separation of persons of different sexes. All prisoners shall be kept segregated
16accordingly.
AB568-ASA1,2,2218
302.36
(2) Notwithstanding
sub. (1), the subs. (1m) and (1t) (b), a sheriff, jailer
19or keeper
segregating prisoners under this subsection may permit prisoners of
20different sexes to participate together in treatment or in educational, vocational,
21religious or athletic activities or to eat together, under such supervision as the
22sheriff, jailer or keeper deems necessary.
AB568-ASA1,2,2424
302.36
(3) This section does not apply after December 31, 2001.
AB568-ASA1,3,10
1302.361 Classification of jail prisoners. (1) Classification system. Subject
2to sub. (2), the sheriff, jailer or keeper of a jail shall establish a prisoner classification
3system, which shall be used beginning January 1, 2002, to determine prisoner
4housing assignments, the type of prisoner supervision and the delivery of services
5and programs to prisoners. The prisoner classification system shall be based on
6objective criteria, including a prisoner's criminal offense record, information relating
7to the current offense for which the prisoner is in jail, the prisoner's history of
8behavior in jail and medical and mental health condition and any other factor the
9sheriff, jailer or keeper of a jail considers necessary to provide for the protection of
10prisoners, staff and the general public.
AB568-ASA1,3,14
11(2) Segregation by gender. (a) All jails shall be provided with suitable wards,
12buildings or, in the case of jail extensions under s. 59.54 (14) (g), cells for the
13separation persons of different sexes. All prisoners shall be kept segregated
14accordingly.
AB568-ASA1,3,1815
(b) Notwithstanding par. (a), a sheriff, jailer or keeper may permit prisoners
16of different sexes to participate together in treatment or in educational, vocational,
17religious or athletic activities or to eat together, under such supervision as the
18sheriff, jailer or keeper deems necessary.
