2013 WISCONSIN ACT
317
An Act
to renumber and amend
968.255 (2) (a);
to amend
968.255 (1) (a), 968.255 (1) (b), 968.255 (2) (intro.), 968.255 (2) (b), (c), (d) and (e) and 968.255 (6); and
to create
968.255 (1) (a) 5., 968.255 (1) (ag), 968.255 (1) (ar), 968.255 (2) (ag) and 968.255 (2) (ar) of the statutes;
relating to:
strip searches.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
968.255 (1) (a) of the statutes is amended to read:
968.255
(1)
(a)
"Detained"
"
Detainee"
means any of the following:
1.
Arrested
A person arrested
for any felony.
2.
Arrested
A person arrested
for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, or 948.61.
3.
Taken
A person taken
into custody under s. 938.19 and there are reasonable grounds to believe the juvenile has committed an act which if committed by an adult would be covered under subd. 1. or 2.
4.
Arrested
A person arrested
for any misdemeanor not specified in subd. 2., any other violation of state law punishable by forfeiture or any local ordinance if there is probable cause to believe the person is concealing a weapon or a thing which may constitute evidence of the offense for which he or she is detained.
Section
2
.
968.255 (1) (a) 5. of the statutes is created to read:
968.255
(1)
(a) 5. A person arrested or otherwise lawfully detained or taken into custody, if the person will be incarcerated, imprisoned or otherwise detained in a jail or prison with one or more other persons. Subject to subd. 3., for the purpose of this subdivision, "detainee" does not include a juvenile who is taken into custody under s. 938.19 and held in custody under s. 938.209.
Section
2g
.
968.255 (1) (ag) of the statutes is created to read:
968.255
(1)
(ag) "Jail" includes municipal prisons and rehabilitation facilities established under s. 59.53 (8) by whatever name they are known, but does not include lockup facilities.
Section
2r
.
968.255 (1) (ar) of the statutes is created to read:
968.255
(1)
(ar) "Lockup facilities" means those facilities of a temporary place of detention at a police station that are used exclusively to hold persons under arrest until they can be brought before a court and that are not used to hold persons pending trial who have appeared in court or have been committed to imprisonment for nonpayment of fines or forfeitures.
Section
2m
.
968.255 (1) (b) of the statutes is amended to read:
968.255
(1)
(b) "Strip search" means a search in which a
detained person's
detainee's
genitals, pubic area, buttock or anus, or a
detained female person's
female detainee's
breast, is uncovered and either is exposed to view or is touched by a person conducting the search
, except that if the detainee is a person defined in par. (a) 5., "strip search" means a search in which a detainee's genitals, pubic area, buttock or anus, or a female detainee's breast, is uncovered and exposed to view but is not touched by a person conducting the search unless the touching is necessary to gain the detainee's cooperation with the search or unless the touching is necessary to assist a disabled detainee's cooperation with the search
.
Section
3
.
968.255 (2) (intro.) of the statutes is amended to read:
968.255
(2)
(intro.) No person may
be the subject of
conduct
a strip search unless
he or she is a detained person and if
all of the following apply
:
Section
4
.
968.255 (2) (a) of the statutes is renumbered 968.255 (2) (am) and amended to read:
968.255
(2)
(am) The person conducting the search is of the same sex as the
person detained
detainee
, unless the search is a body cavity search conducted under sub. (3)
;
.
Section
5
.
968.255 (2) (ag) of the statutes is created to read:
968.255
(2)
(ag) The person subject to the search is a detainee.
Section
5m
.
968.255 (2) (ar) of the statutes is created to read:
968.255
(2)
(ar) The detainee will be incarcerated, imprisoned, or otherwise detained in the jail or prison where the search is conducted for not less than 12 hours. This paragraph applies only to a detainee who meets the definition in sub. (1) (a) 5.
Section
6
.
968.255 (2) (b), (c), (d) and (e) of the statutes are amended to read:
968.255
(2)
(b) The
detained person
detainee
is not exposed to the view of any person not conducting the search
;
.
(c) The search is not reproduced through a visual or sound recording
;
.
(d) A person conducting the search has obtained the prior written permission of the chief, sheriff or law enforcement administrator of the jurisdiction where the person is detained, or his or her designee, unless there is probable cause to believe that the
detained person
detainee
is concealing a weapon
; and
.
(e) A person conducting the search prepares a report identifying the person detained, all persons conducting the search, the time, date and place of the search and the written authorization required by par. (d), and provides a copy of the report to the
person detained
detainee
.
Section
6m
.
968.255 (6) of the statutes is amended to read:
968.255
(6)
A
Each
law enforcement agency, as defined in s. 165.83 (1) (b),
may promulgate rules
and each facility where a strip search may be conducted pursuant to this section, shall establish written policies and procedures
concerning strip searches which at least meet the minimum requirements of this section
and shall provide annual training regarding the policies and procedures to any employee or agent of the agency or facility who may conduct a strip search
.
