Amendment SSA1-AB152

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2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 152

March 11, 2004 - Offered by Committee on Judiciary, Corrections and Privacy.

AB152-SSA1,1,4 An Act to amend 20.916 (9) (f) 1. and 979.025 (1); and to create 15.07 (1) (b) 23., 15.145 (4), 146.82 (2) (a) 22., 979.028 and 979.10 (1) (a) 1m. of the statutes; relating to: creating a board to review and make recommendations regarding deaths at correctional institutions.

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

AB152-SSA1, s. 1 Section 1. 15.07 (1) (b) 23. of the statutes is created to read:

AB152-SSA1,1,7 15.07 (1) (b) 23. The members of the inmate and resident mortality board appointed under s. 15.145 (4).

AB152-SSA1, s. 2 Section 2. 15.145 (4) of the statutes is created to read:

AB152-SSA1,2,20 15.145 (4) Inmate and resident mortality board. There is created in the department of corrections an inmate and resident mortality board consisting of 12 members appointed for 4-year terms. Two of the members shall be appointed by the governor, one of which shall be from the University of Wisconsin Medical School and the other of which shall be a correctional officer. Two members shall be appointed by the president of the senate, one of which shall be from the Medical College of Wisconsin and the other of which shall be a correctional officer. Two members shall be appointed by the speaker of the assembly, one of which shall be a nurse employed by a state agency and the other of which shall be a correctional officer. One member shall be appointed by the minority leader of the senate and shall be a physician from a health care provider other than the University of Wisconsin Medical School. One member shall appointed by the minority leader of the assembly and shall be a nurse employed by a private health maintenance organization or preferred provider plan. The other 4 members of the board shall be appointed by the secretary 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 health care provider who is employed by the department of corrections, and a correctional officer. All of the correctional officers appointed under this subsection shall be from a list provided by the labor organization recognized or certified to represent the employees in the collective bargaining unit that represents correctional officers. At least one member of the board shall be a physician who is a pathologist with subspecialty training in forensic pathology and who is certified by the American Board of Pathology.

AB152-SSA1, s. 3 Section 3. 20.916 (9) (f) 1. of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB152-SSA1,3,3 20.916 (9) (f) 1. Scheduled air travel. Reimbursement for air travel shall be limited to the lowest appropriate airfare, as determined by the director of the office of state employment relations. An employee may be reimbursed for air travel at a rate other than the lowest appropriate airfare only if the employee submits a written explanation of the reasonableness of the expense. Members of the inmate and resident mortality board may not receive reimbursement for air travel.

AB152-SSA1, s. 4 Section 4. 146.82 (2) (a) 22. of the statutes is created to read:

AB152-SSA1,3,6 146.82 (2) (a) 22. To the inmate and resident mortality board to enable that board to review the death of an inmate or resident under s. 979.028.

AB152-SSA1, s. 5 Section 5. 979.025 (1) of the statutes is amended to read:

AB152-SSA1,3,18 979.025 (1) Inmate or resident confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a state correctional facility located in this state institution, as defined s. 301.01 (4), but excluding any institution that meets the criteria under s. 302.01 solely because of its status under s. 301.046 or 301.048 (4) (b) or is confined to a county jail or house of correction pursuant to a contract under s. 302.27, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1) the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

AB152-SSA1, s. 6 Section 6. 979.028 of the statutes is created to read:

AB152-SSA1,4,2 979.028 Review of an inmate's or resident's death. (1) The inmate and resident mortality board may review the circumstances of the death of every individual who is subject to an autopsy under s. 979.025. To facilitate the review, the board shall have access to all medical and prison records related to the deceased inmate. A member of the board shall disqualify himself or herself from any discussion regarding a specific death if he or she determines that he or she cannot act in an impartial manner regarding that death.

AB152-SSA1,4,14 (2) (a) Within 3 business days, as defined in s. 421.301 (6), after the death of a person whose death requires the performance of an autopsy under s. 979.025, the secretary of corrections or the secretary's designee shall send a written notice to every member of the inmate and resident mortality board of the death. The written notification shall include a summary of information related to the person's death, including the date, time, and place of the death. At the next scheduled meeting of the board, the department shall provide the board with the records that are in the custody of the department regarding the person who died, including medical records, and any information obtained as a result of any departmental internal review of the death. At the request of any board member, the department shall provide the member with the records and information obtained as a result of any internal review before the next scheduled meeting of the board.

AB152-SSA1,4,22 (b) The department shall cooperate with the board and provide any assistance the board requests to review the circumstances of the death of the inmate or resident. The board, while performing its duties, may review medical records of the inmate or resident in the custody of any medical provider; with the approval of the district attorney or attorney general, medical records in the custody of a law enforcement agency; information obtained by the coroner or medical examiner regarding the death of the inmate or resident; and any information collected as the result of an autopsy performed under s. 979.025 or an inquest ordered under s. 979.04.

AB152-SSA1,5,2 (3) Except as provided in sub. (3m), within 30 days after the meeting during which the board completes its review of an inmate's or resident's death, the inmate and resident mortality board shall prepare a summary report of the board's review of an inmate's or resident's death and submit that summary report to all of the following:

AB152-SSA1,5,3 (a) The appropriate relative of the deceased.

AB152-SSA1,5,4 (b) The secretary of corrections.

AB152-SSA1,5,5 (c) If appropriate, the attorney general or district attorney.

AB152-SSA1,5,7 (d) Notwithstanding s. 13.172 (3), the chairperson and the ranking minority member of the appropriate standing committee of the assembly and senate.

AB152-SSA1,5,13 (3m) If there is a criminal investigation of an inmate's or resident's death, the board may not issue a final report regarding the board's review of the inmate's or resident's death until after that criminal investigation is completed. Any report issued before completion of the criminal investigation is preliminary and is subject to modification based on information received as a result of the criminal investigation.

AB152-SSA1,5,23 (4) The inmate and resident mortality board may make recommendations to the department regarding medical and other prison procedures, based on the board's review of an inmate's or resident's death. The board may also refer concerns or recommendations to the department related to the performance or work rule violations regarding staff who did not follow departmental policies or procedures related to the circumstances surrounding the death. The inmate and resident mortality board shall prepare and forward a complaint to the appropriate credentialing board, as defined in s. 440.01 (2) (bm), if, during the board's review of an inmate's or resident's death, the board determines that a medical provider failed to provide the appropriate, proper, and necessary medical care.

AB152-SSA1, s. 7 Section 7. 979.10 (1) (a) 1m. of the statutes is created to read:

AB152-SSA1,6,2 979.10 (1) (a) 1m. If an autopsy is performed under s. 979.025 (1), the coroner or medical examiner who performed the autopsy; or

AB152-SSA1, s. 8 Section 8. Nonstatutory provisions.

AB152-SSA1,6,12 (1) Notwithstanding the length of terms for the members of the inmate and resident mortality board specified in section 15.145 (4) of the statutes, as created by this act, the initial members of the board appointed by the governor and 2 initial members appointed by the secretary of corrections shall be for a term of 4 years; the initial members of the board appointed by the president of the senate and the speaker of the assembly and one initial member appointed by the secretary of corrections shall be for a term of 3 years; and the initial members of the board appointed by the minority leader of the senate and of the assembly and one initial member appointed by the secretary of corrections shall be for a term of 2 years.

AB152-SSA1,6,13 (End)