LRB-0585/1
MGD:wlj:jf
2005 - 2006 LEGISLATURE
June 14, 2005 - Introduced by Representatives Wasserman, Bies, Benedict,
Berceau, Black, Colon, Cullen, Fields, Grigsby, Turner
and Young,
cosponsored by Senators Taylor, Carpenter, Erpenbach, Lassa and Risser.
Referred to Committee on Corrections and the Courts.
AB480,1,5 1An Act to renumber and amend 979.04 (2); to amend 20.916 (9) (f) 1., 979.025
2(1), 979.04 (1), 979.08 (7), 979.09, 979.10 (1) (a) 2. and 979.10 (2); and to create
315.07 (1) (b) 23., 15.07 (3) (bm) 6., 15.145 (4), 51.30 (4) (b) 23g., 51.30 (4) (b) 23r.,
4146.82 (2) (a) 22., 146.82 (2) (a) 23., 979.028 and 979.04 (2) (b) of the statutes;
5relating to: review of deaths at correctional institutions.
Analysis by the Legislative Reference Bureau
Under current law, if a person dies while confined in a correctional facility, the
coroner or medical examiner for the county where the death occurred must conduct
an autopsy. In addition, the person in charge of the facility is required to notify the
appropriate relative of the inmate of the death. The Department of Corrections
(DOC) must also provide the relative with written notification that DOC, upon
request, will provide the relative with a copy of the autopsy report or any other report
or information regarding the inmate's death.
Separately, current law establishes procedures for inquests, which apply to
inmates and non-inmates alike. Under current law, if the district attorney has
notice that the death of a person may have been the result of a homicide or suicide
or may have occurred under unexplained or suspicious circumstances, the district
attorney may order an inquest to determine the cause of the person's death. If a
coroner or medical examiner has similar knowledge about a person's death, the
coroner or medical examiner is required to notify the district attorney of the
circumstances surrounding the death and may request that the district attorney

order an inquest. The district attorney may order an inquest based on that
information and may request that the coroner or medical examiner conduct a
preliminary examination and report back to the district attorney. If the district
attorney does not order an inquest, the coroner or medical examiner may petition the
circuit court to order an inquest.
This bill expands the scope of the provision requiring autopsies for persons who
die while confined in a state correctional facility so that it applies to a person in
DOC's custody who dies while temporarily confined in, and under a DOC contract
with, a county jail or house of correction. In addition, the bill requires the coroner
or medical examiner to notify the attorney general (as well as the district attorney)
when such a person or a person confined in a state correctional institution dies if the
death is one that would permit the district attorney to order an inquest. Moreover,
the bill gives the attorney general the same powers as the district attorney to order
and conduct an inquest when notified of that death.
The bill also creates an Inmate and Resident Mortality Board, which is
composed of 12 members and attached to DOC. Under the bill, if a person in DOC
custody dies while in an in-state or out-of-state correctional institution, a county
jail, or a house of corrections, the board must review the circumstances of the person's
death. Within three business days after the person's death, DOC must send a written
notice to each member of the board of the death and provide them with a summary
of information regarding the death, including the date, time, and place of the death.
Upon request, DOC must also provide a board member with the records that are in
the custody of DOC (including medical and mental health records) regarding the
person who died and with any information obtained as the result of DOC's internal
review of the death.
In addition, DOC is required to provide any assistance the Inmate and Resident
Mortality Board needs to review the circumstances of the death. Beyond reviewing
information from DOC, the board may also review any medical and mental health
records of the inmate or resident in the custody of a medical or mental health
treatment provider; with the approval of the district attorney or attorney general,
medical and mental health records in the custody of a law enforcement agency;
information obtained by the coroner or medical examiner regarding the death; and
information collected as a result of the autopsy.
The bill requires the board to issue a report regarding its review of an inmate's
death within 30 days after the meeting at which the board completes its review and
to submit that report to a relative of the deceased person, to members of the
appropriate standing committees of the senate and assembly, to the secretary of
DOC, and to the district attorney or attorney general, if appropriate. The bill also
requires the board to submit to DOC any recommendations that it has regarding
medical and other prison procedures, and rules to implement them, based on the
board's review of the death. If the board determines during its review of a person's
death that a medical provider failed to provide appropriate, proper, and necessary
medical care, the board is required under the bill to prepare and forward a complaint
to the appropriate credentialing board.

Meetings of the Inmate and Resident Mortality Board are not subject to the
Open Meetings Law. Records prepared by the board are not subject to the Open
Records Law.
For further information see the state and local 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:
AB480, s. 1 1Section 1. 15.07 (1) (b) 23. of the statutes is created to read:
AB480,3,32 15.07 (1) (b) 23. The members of the inmate and resident mortality board
3appointed under s. 15.145 (4).
AB480, s. 2 4Section 2. 15.07 (3) (bm) 6. of the statutes is created to read:
AB480,3,65 15.07 (3) (bm) 6. The inmate and resident mortality board shall meet on the
6call of the chairperson or a majority of the board's members.
AB480, s. 3 7Section 3. 15.145 (4) of the statutes is created to read:
AB480,4,78 15.145 (4) Inmate and resident mortality board. There is created in the
9department of corrections an inmate and resident mortality board consisting of 12
10members appointed for 4-year terms. Eight of the members shall be appointed by
11the governor and shall include 2 physicians from the University of Wisconsin
12Medical School, 2 physicians from the Medical College of Wisconsin, one physician
13from a health care provider other than the University of Wisconsin Medical School
14or the Medical College of Wisconsin, one registered nurse employed by a private
15health maintenance organization, one registered nurse employed by a private
16hospital, and one member who does not represent any of the foregoing entities and
17who is not employed by a state agency. The other 4 members of the board shall be
18appointed by the secretary of corrections and shall be a warden of a state correctional
19facility, a manager of a unit within a state correctional facility that provides the

1health services to inmates, a health care provider who is employed by the department
2of corrections, and a correctional officer who shall be from a list provided to the
3secretary by the labor organization recognized or certified to represent the
4employees in the collective bargaining unit that represents correctional officers. At
5least one member of the board shall be a physician who is a pathologist with
6subspecialty training in forensic pathology and who is certified by the American
7Board of Pathology.
AB480, s. 4 8Section 4. 20.916 (9) (f) 1. of the statutes is amended to read:
AB480,4,149 20.916 (9) (f) 1. Scheduled air travel. Reimbursement for air travel shall be
10limited to the lowest appropriate airfare, as determined by the director of the office
11of state employment relations. An employee may be reimbursed for air travel at a
12rate other than the lowest appropriate airfare only if the employee submits a written
13explanation of the reasonableness of the expense. Members of the inmate and
14resident mortality board may not receive reimbursement for air travel.
AB480, s. 5 15Section 5. 51.30 (4) (b) 23g. of the statutes is created to read:
AB480,4,1716 51.30 (4) (b) 23g. To the inmate and resident mortality board to enable it to
17review the death of an inmate or resident under s. 978.028.
AB480, s. 6 18Section 6. 51.30 (4) (b) 23r. of the statutes is created to read:
AB480,4,2019 51.30 (4) (b) 23r. By the inmate and resident mortality board under s. 979.028
20(4), (5), or (6).
AB480, s. 7 21Section 7. 146.82 (2) (a) 22. of the statutes is created to read:
AB480,4,2322 146.82 (2) (a) 22. To the inmate and resident mortality board to enable it to
23review the death of an inmate or resident under s. 979.028.
AB480, s. 8 24Section 8. 146.82 (2) (a) 23. of the statutes is created to read:
AB480,5,3
1146.82 (2) (a) 23. By the inmate and resident mortality board under s. 979.028
2(4), (5), or (6). The board is not required to receive a request in order to release patient
3health care records under this subdivision.
AB480, s. 9 4Section 9. 979.025 (1) of the statutes is amended to read:
AB480,5,165 979.025 (1) Inmate or resident confined to an institution in this state. If an
6individual dies while he or she is in the legal custody of the department and dies
7while
confined to a state correctional facility located in this state institution, as
8defined in s. 301.01 (4), but excluding any institution that meets the criteria under
9s. 302.01 solely because of its status under s. 301.046 or 301.048 (4) (b), or while
10confined to a county jail or house of correction pursuant to a contract under s. 302.27
,
11the coroner or medical examiner of the county where the death occurred shall
12perform an autopsy on the deceased individual. If the coroner or medical examiner
13who performs the autopsy determines that the individual's death may have been the
14result of any of the situations that would permit the district attorney to order an
15inquest under s. 979.04 (1), the coroner or medical examiner shall follow the
16procedures under s. 979.04 (2).
AB480, s. 10 17Section 10. 979.028 of the statutes is created to read:
AB480,5,18 18979.028 Review of an inmate's or resident's death. (1) In this section:
AB480,5,1919 (a) "Patient health care records" has the meaning given in s. 146.81 (4).
AB480,5,2020 (b) "Treatment records" has the meaning given in s. 51.30 (1) (b).
AB480,5,25 21(2) The inmate and resident mortality board shall review the circumstances of
22the death of every individual who is subject to an autopsy under s. 979.025. A
23member of the board shall disqualify himself or herself from any discussion
24regarding a specific death if he or she determines that he or she cannot act in an
25impartial manner regarding that death.
AB480,6,12
1(3) (a) Within 3 business days, as defined in s. 421.301 (6), after the death of
2a person whose death requires the performance of an autopsy under s. 979.025, the
3secretary of corrections or the secretary's designee shall send a written notice to
4every member of the inmate and resident mortality board of the death. The written
5notification shall include a summary of information related to the person's death,
6including the date, time, and place of the death. At the request of any board member,
7the department shall provide the member with the records that are in the custody
8of the department regarding the person who died, including patient health care and
9treatment records, and any information obtained as a result of any departmental
10internal review of the death. The department shall cooperate with the board and
11provide any assistance the board requests to review the circumstances of the death
12of the inmate or resident.
AB480,6,1713 (b) 1. If the board, while performing its duties, requests patient health care or
14treatment records that are in the custody of a health care provider, as defined in s.
15146.81 (1), the department of health and family services, a county department under
16s. 51.42 or 51.437 or its staff, or a treatment facility, as defined in s. 51.01 (19), the
17records shall be provided to the board for its review.
AB480,6,2118 2. If the board, while performing its duties, requests patient health care or
19treatment records that are in the custody of a law enforcement agency, the agency
20shall provide the records to the board for its review, but only with the approval of the
21district attorney or attorney general.
AB480,6,2522 3. Upon request by the board, a coroner or medical examiner shall provide the
23board any information that it has obtained regarding the death of the inmate or
24resident. The board may also review any information collected through any of the
25following:
AB480,7,1
1a. An autopsy performed under s. 979.025.
AB480,7,32 b. An inquest ordered under s. 979.04 if the inquest is not secret under s. 979.05
3(6).
AB480,7,54 c. A secret inquest if a judge or circuit court commissioner has authorized the
5board to inspect the record of the inquest under s. 979.08 (7).
AB480,7,10 6(4) (a) Except as provided in sub. (5), within 30 days after the meeting during
7which the board completes its review of an inmate's or resident's death, the inmate
8and resident mortality board shall prepare a summary report of the board's review
9of the inmate's or resident's death and submit that summary report to all of the
10following:
AB480,7,1111 1. The appropriate relative of the deceased.
AB480,7,1212 2. The secretary of corrections.
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