AB 860

This bill provides that for adult inmates, the Department of Corrections for state correctional institutions or the county sheriff for county jails or county houses of correction must maintain a written resource guide that enumerates the rights of adult inmates of a state correctional institution or county jail or house of correction. Under the bill, DOC or the sheriff must update the resource guide once per year or within one week of a legal change or institutional practice change that affects inmates’ rights. DOC or the sheriff must post the resource guide throughout the state correctional institution or county jail or house of correction and provide copies to each inmate upon entering the facility, being placed under restricted movement, being placed in solitary confinement, or upon request at any time. The warden or superintendent of a state correctional institution or the sheriff of a county jail or house of correction, or a designee who has been trained to understand and explain the resource guide, must explain an inmate’s rights as set forth in the resource guide upon the inmate entering the state correctional institution, county jail, or house of correction; upon the inmate transferring between state correctional institutions, county jails, or houses of correction; or upon request at any time.

The bill also provides the same requirements for juveniles in custody, except that DOC is responsible for maintaining the written resource guide relating to juveniles, posting and distributing the resource guide for type 1 juvenile detention facilities, and ensuring that any juvenile detention facility, secured residential care center for children and youth, or juvenile portion of the county jail approved by DOC has a plan to distribute the resource guide. The superintendent, or a designee who has been trained to understand and explain the resource guide, must explain a juvenile’s rights as set forth in the resource guide upon the juvenile entering a facility, upon the juvenile transferring between facilities, or upon request at any time.

Under the bill, the initial development of the written resource guides is to be completed via a contract through the Department of Administration with a legal organization that has experience upholding the civil rights of inmates and juveniles in correctional institutions and jails. To be awarded the contract for the development of the resource guides, the organization must demonstrate that it will 1) engage representatives from state and local governments and prison reform and advocacy organizations in the development process; 2) use at least 30 percent of the contract funds to employ individuals who were formerly incarcerated or detained in a Wisconsin state correctional institution or county jail to develop the resource guides; and 3) finish development of the resource guides by June 30, 2027. Under the bill, the requirements for DOC and county sheriffs to maintain the resource guides goes into effect on July 1, 2027.