SB45,1282,1 (b) “Ombudsperson” means the ombudsperson of the office.

SB45,1282,7 (2) Staff. The ombudsperson may appoint, in the classified service, one deputy ombudsperson of the office, and employees for the office to complete the ombudsperson’s duties described under this section. The ombudsperson may delegate to the deputy ombudsperson or other employees of the office any of the ombudsperson’s authority or duties except those described under subs. (5) (b) and (7) (b).

SB45,1282,8 (3) Powers. The ombudsperson may do all of the following:

SB45,1282,10 (a) Investigate, upon a complaint or upon personal initiative, any matter described under sub. (4).

SB45,1282,11 (b) Determine the scope and manner of investigations to be made.

SB45,1282,13 (c) Enter and inspect, at any time, premises within the control of the department.

SB45,1282,18 (d) Examine records and documents in the possession of the department, including corrections and detention data and medical data maintained by the department and classified as private or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers authorized under this subsection.

SB45,1282,20 (e) Subpoena witnesses and the production of books, papers, records, and documents material to an investigation conducted by the office.

SB45,1282,22 (f) Attend any proceedings and deliberations relating to the granting or revocation of parole, extended supervision, or probation.

SB45,1282,23 (4) Investigations. The ombudsperson may investigate any of the following:

SB45,1283,2 (a) Complaints regarding state correctional institutions and abuse, unfair acts, and violations of rights of prisoners and juveniles.

SB45,1283,3 (b) The policies or practices of the department.

SB45,1283,4 (c) Any action by the department that may be contrary to law or rule.

SB45,1283,7 (d) Any other action by the department that has been alleged to be unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the department.

SB45,1283,9 (e) Procedures and practices that may lessen the risk that objectionable actions by the department may occur in the future.

SB45,1283,16 (5) Complaints. (a) The ombudsperson shall create a complaint form and provide sufficient blank copies of the form and self-sealing envelopes to state correctional institutions for distribution to prisoners and juveniles. Blank copies of the form and self-sealing envelopes shall be placed in locations where prisoners and juveniles regularly visit, such as a common area or library, and shall be provided upon request to a prisoner or juvenile. The department shall also make the form available on its website.

SB45,1283,20 (b) An operator of a state correctional institution shall immediately forward a complaint form described under par. (a) that has been completed by a prisoner or juvenile to the office. No individual other than an authorized employee of the office may open an envelope that contains a complaint form.

SB45,1283,24 (c) The ombudsperson shall review each complaint form received under par. (b) and determine whether to make a recommendation regarding the complaint directly to the state correctional institution where the prisoner or juvenile is housed, the governor, the legislature, or other party, or make no recommendation.

SB45,1284,10 (d) No operator of a state correctional institution may open and preview or screen mail addressed from the office to a prisoner or juvenile residing at the state correctional institution unless the operator has reason to believe that the mail contains contraband or is not a document from the office. If the operator has reason to believe that the mail contains contraband or is not a document from the office, the operator may open and inspect the mail in the presence of the prisoner or juvenile to whom it was addressed, but may inspect the document only to the extent necessary to determine whether it contains contraband or is not a document from the office. The operator may read the mail only if, after inspection, the operator has reason to believe it not a document from the office.

SB45,1284,16 (6) Disclosures. Information in the possession of the office that relates to a client, complaint, or investigation of the office may be disclosed only at the discretion of the ombudsperson or his or her designated representative. A disclosure of information under this subsection relating to a client, named witness, or a prisoner or juvenile who is not a client may be made only if one of the following applies:

SB45,1284,18 (a) The disclosure is authorized in writing by the client, named witness, prisoner, or juvenile or his or her legal guardian, if applicable.

SB45,1284,20 (b) The disclosure is made pursuant to a lawful order of a court of competent jurisdiction.

SB45,1285,3 (7) Reports. (a) If the ombudsperson determines to make a recommendation under sub. (5) (c) directly to the state correctional institution where the prisoner or juvenile is housed, the warden or superintendent of the state correctional institution shall respond within 30 days. The warden or superintendent shall include in the response what actions the warden or superintendent is taking as a result of the recommendations of the ombudsperson and why the warden or superintendent is taking those actions or not taking actions.

SB45,1285,6 (b) If the ombudsperson has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may refer the matter to the appropriate authorities.

SB45,1285,8 (c) The ombudsperson shall, at the request of the governor at any time, report to the governor on any matter over which the ombudsperson has authority.

SB45,1285,14 (d) On or before December 31 of each year, the ombudsperson shall submit to the governor, the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), and the secretary of corrections a report of the ombudsperson’s findings and recommendations for improvements to policies and practices at state correctional institutions and the results of the ombudsperson’s investigations conducted under sub. (4).

SB45,2584 Section 2584. 302.05 (title) of the statutes is amended to read:

SB45,1285,16 302.05 (title) Wisconsin substance abuse earned release program.

SB45,2585 Section 2585. 302.05 (1) (am) (intro.) of the statutes is amended to read: