Amendment ASA1-AB170

LRBs0200/4

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2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 170

November 1, 2001 - Offered by Corrections and the Courts.

AB170-ASA1,1,4 An Act to amend 758.19 (5) (a) 5., 979.015, 979.02, 979.06 (1) and 979.10 (1) (a) 2.; and to create 15.07 (1) (b) 23., 15.07 (3) (bm) 5., 15.145 (3), 146.82 (2) (a) 22. and 979.15 of the statutes; relating to: creating a board to investigate and make recommendations regarding inmate deaths.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB170-ASA1, s. 1 Section 1. 15.07 (1) (b) 23. of the statutes is created to read:

AB170-ASA1,1,7 15.07 (1) (b) 23. Members of the prison mortality and morbidity board shall be appointed as provided in s. 15.145 (3).

AB170-ASA1, s. 2 Section 2. 15.07 (3) (bm) 5. of the statutes is created to read:

AB170-ASA1,1,11 15.07 (3) (bm) 5. The prison mortality and morbidity board shall meet at least 4 times each year and may meet at other times on the call of the chairperson or a majority of the board's members.

AB170-ASA1, s. 3 Section 3. 15.145 (3) of the statutes is created to read:

AB170-ASA1,2,17 15.145 (3) Prison mortality and morbidity board. There is created in the department of corrections a prison mortality and morbidity board consisting of 12 members appointed for 2-year terms. Eight of the members shall be appointed by the governor and shall include 2 representatives from the University of Wisconsin Hospitals and Clinics Authority, 2 representatives from the Medical College of Wisconsin, one physician from a health care provider other than the University of Wisconsin Hospitals and Clinics Authority or the Medical College of Wisconsin, one nurse employed by a state agency, one nurse employed by a private health maintenance organization or preferred provider plan, and one member who does not represent any of the foregoing entities. The other 4 members of the board shall be appointed by the secretary of the department of corrections and shall be a warden of a state correctional facility, a manager of a unit within a state correctional facility that provides the health services to inmates, a registered nurse from a correctional institution, and a correctional officer. At least one member of the board shall be a physician who is certified and licensed as a forensics pathologist by the American Board of Pathology.

AB170-ASA1, s. 4 Section 4. 146.82 (2) (a) 22. of the statutes is created to read:

AB170-ASA1,2,20 146.82 (2) (a) 22. To the prison mortality and morbidity board to enable that board to investigate the death of an inmate under s. 979.15.

AB170-ASA1, s. 5 Section 5. 758.19 (5) (a) 5. of the statutes is amended to read:

AB170-ASA1,2,24 758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the court at the request of the district attorney, coroner, prison mortality and morbidity board, or medical examiner under s. 979.06 (1) and (2).

AB170-ASA1, s. 6 Section 6. 979.015 of the statutes is amended to read:

AB170-ASA1,3,7 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner, prison mortality and morbidity board, or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's cause of death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

AB170-ASA1, s. 7 Section 7. 979.02 of the statutes is amended to read:

AB170-ASA1,3,19 979.02 Autopsies. The coroner, medical examiner, prison mortality and morbidity board, or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.

AB170-ASA1, s. 8 Section 8. 979.06 (1) of the statutes is amended to read:

AB170-ASA1,4,2 979.06 (1) The judge or court commissioner may issue subpoenas for witnesses at the request of the coroner, prison mortality and morbidity board, or medical examiner and shall issue subpoenas for witnesses requested by the district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

AB170-ASA1, s. 9 Section 9. 979.10 (1) (a) 2. of the statutes is amended to read:

AB170-ASA1,4,6 979.10 (1) (a) 2. The coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and if the death is the subject of an investigation under s. 979.01 or 979.15; or

AB170-ASA1, s. 10 Section 10. 979.15 of the statutes is created to read:

AB170-ASA1,4,12 979.15 Investigation of a prison inmate's death. (1) The prison mortality and morbidity board shall investigate the death of every individual who dies while he or she is an inmate in a state correctional institution, as defined in s. 301.01 (4). To facilitate the investigation, the board shall have access to all medical and prison records related to the deceased inmate.

AB170-ASA1,5,7 (2) Within 72 hours after the death of an inmate in a state correctional institution, the secretary of the department of corrections shall notify the speaker of the assembly and the president of the senate and each member of the appropriate standing committee of the assembly and senate, as provided in s. 13.172 (3), and every member of the prison mortality and morbidity board, of the death. The secretary shall provide the speaker and president, standing committee members, and the board members with all of the information available to the department directly related to the inmate's death, including the date, time, location, and cause of death. The secretary shall provide the board with the inmate's prison records, information obtained as the result of any internal investigation of the death, and any medical records of the inmate that are in the custody of the department. The department shall cooperate with the board and provide any assistance the board requests while investigating the death of the inmate. The board, while performing its duties, may review medical records of the inmate in the custody of any medical provider; information related to the death in the custody of a law enforcement agency, district attorney, or the attorney general; information regarding the death of the inmate obtained by the coroner or medical examiner; and any information collected as the result of an autopsy ordered under s. 979.02 or an inquest ordered under s. 979.04. The board may interview department and law enforcement staff and subpoena witnesses and documents as part of its investigation.

AB170-ASA1,5,10 (3) The prison mortality and morbidity board shall prepare a report of the board's investigation of an inmate's death and submit that report to all of the following:

AB170-ASA1,5,11 (a) The appropriate relative of the deceased.

AB170-ASA1,5,12 (b) The secretary of the department of corrections.

AB170-ASA1,5,13 (c) If appropriate, the district attorney.

AB170-ASA1,5,15 (d) The speaker of the assembly and the president of the senate, or their designees.

AB170-ASA1,5,16 (End)