LRB-4546/1
PJH:cjs
2015 - 2016 LEGISLATURE
February 17, 2016 - Introduced by Senator C. Larson, cosponsored by
Representatives Barnes, Johnson, Berceau, Pope, Spreitzer and Goyke.
Referred to Committee on Judiciary and Public Safety.
SB756,1,2
1An Act to create 165.847 and 968.257 of the statutes;
relating to: collecting and
2analyzing data related to certain strip searches.
Analysis by the Legislative Reference Bureau
This bill requires law enforcement officers who perform strip searches on jail
detainees to provide information related to the searches to the Department of
Justice. Under the bill, each law enforcement officer must make a record of each time
he or she performs or directs another person to perform a strip search on a jail
detainee who remains confined in the jail for fewer than 12 hours. The record must
contain a notation of the detainee's race, age, and gender, the reason he or she was
arrested, including any criminal charge filed against him or her, the reason he or she
was detained in jail, and the reason he or she was released from detention.
Under the bill, each law enforcement agency forwards the records to the
Department of Justice for analysis on whether the practice of strip searches of
detainees who are held for fewer than 12 hours in jail affects members of racial
minorities disproportionately. The bill requires the Department of Justice to release
its analysis and findings to the governor, the legislature, and the director of state
courts.
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:
SB756,1
1Section
1. 165.847 of the statutes is created to read:
SB756,2,4
2165.847 Strip searches; data and analysis. (1) The department of justice
3shall analyze the records submitted to it under s. 968.257 to determine all of the
4following:
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(a) Whether the number of strip searches performed on persons who are
6members of a racial minority is disproportionate to the number of strip searches
7performed on persons who are not members of a racial minority.
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(b) Whether strip searches are performed on persons who are members of a
9racial minority for different reasons than strip searches performed on persons who
10are not members of a racial minority.
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(c) Whether the reasons for conducting a strip search affect persons who are
12members of a racial minority disproportionately to persons who are not members of
13a racial minority.
SB756,2,16
14(2) On or before July 1, 2017, and annually thereafter, the department shall
15submit a report of its analysis under sub. (1) to the legislature under s. 13.172 (2),
16to the governor, and to the director of state courts.
SB756,2
17Section
2. 968.257 of the statutes is created to read:
SB756,2,22
18968.257 Reports; strip searches. (1) A law enforcement officer who
19performs or who directs another person to perform a strip search on a detainee, as
20defined in s. 968.255 (1) (a) 5., who is incarcerated, imprisoned, or otherwise detained
21in a jail or prison for fewer than 12 hours shall keep a record of the strip search. Each
22record shall contain all of the following:
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(a) The detainee's residential zip code.
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(b) The detainee's age.
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(c) The detainee's gender.
SB756,3,5
1(d) The detainee's race or ethnicity. The detainee's race or ethnicity shall be the
2race or ethnicity identified on the detainee's operator's license or identification card.
3If the detainee does not have an operator's license or an identification card that
4identifies his or her race or ethnicity, the law enforcement officer shall determine the
5detainee's race or ethnicity.
SB756,3,76
(e) Whether any contraband was discovered pursuant to the strip search. If
7contraband was discovered, a description of the contraband.
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(f) The reason the detainee was arrested, including any criminal charges filed
9against the detainee.
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(g) The reason the detainee was incarcerated, imprisoned, or otherwise
11detained.
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(h) The number of hours for which the detainee was incarcerated, imprisoned,
13or otherwise detained.
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(i) The reason the detainee was released from incarceration, imprisonment, or
15other detention.
SB756,3,17
16(2) Each law enforcement agency shall monthly submit all records generated
17under sub. (1) to the department of justice for analysis under s. 165.847.
