Bill would change way prison deaths are investigated
10:30 PM 8/13/03
Tom Sheehan State government reporter

The state attorney general could trigger an investigation into an inmate's death in a Wisconsin prison if local prosecutors fail to take action, under a bill proposed by a state legislator who also is a physician.

That provision recently was added to Assembly Bill 152, which was introduced earlier this year by Rep. Sheldon Wasserman, D-Milwaukee.

Wasserman said he was inspired to introduce the bill after prosecutors in Fond du Lac County failed to hold an inquest into the death of a prisoner who died at Taycheedah Correctional Institution in Fond du Lac in February 2000. Michelle Greer, who was 29, died of a heart attack on the floor of the prison kitchen after pleading for a hand-held medicated inhaler.

"If the local officials are saying everything's fine and nothing needs to be done, then the attorney general could do something that previously only a D.A. (district attorney) could do," Wasserman said.

Under recent changes to the bill, the attorney general could order an inquest, or jury-type review into the cause of death, said Philip Cardis, an attorney for the Legislative Council. Under current law, only a district attorney has that authority, Cardis said.

Other proposed changes would weaken some authority first proposed for a new inmate and Resident Mortality Board created by the bill. The board would not have authority to order autopsies, subpoena prison records or require a district attorney to hold an inquest.

Previous language in the bill authorized the board to "investigate" deaths. New language only allows the board only to "review" deaths, Cardis' analysis of the bill shows.

Wasserman said he agreed to the changes because the new board is intended to provide medical review expertise and to improve prison health care, not to take legal action. Autopsies already are required on bodies of prisoners who die in custody, he added.

The new board would replace the state Department of Correction's Committee on Inmate/Youth Deaths but not take the place of internal reviews, said Corrections Secretary Matthew Frank.

About 50 inmates die while in custody in the prison system each year, Frank said. Just less than half of those deaths are caused by known conditions, such as heart disease and cancer. Other deaths are "unanticipated," but few have any suspected criminal misconduct, he said. State prisons hold about 22,000 inmates.

Frank has not formally endorsed the bill but said he supports the concept.

"It's good to have some feedback and consideration of what you might do to improve things," Frank said.

Since 2000, the state has paid $2 million in settlements health-care-related deaths, including a $950,000 settlement in the Greer case, Frank said. The new board could make recommendations that improve health care in the prison system and reduce the chance of lawsuits, Frank said.

The new 12-member board would meet four times a year and include at least one licensed forensics pathologist, physicians from outside the prison system, nurses and Corrections staff members.

The bill has support of the American Civil Liberties Union of Wisconsin, said Chris Ahmuty, executive director of that organization.

"It's a step in the right direction - to have confidence in the system," Ahmety said.