51.20(16)(L)
(L) The pendency of an appeal in either the court of appeals or the supreme court does not deprive the circuit court of jurisdiction to conduct reexamination proceedings under this section with respect to the individual who is the subject of the appeal.
51.20(17)
(17) Right to reevaluation. With the exception of alcoholic commitments under
s. 51.45 (13), every patient committed involuntarily to a board under this chapter shall be reevaluated by the treatment staff or visiting physician within 30 days after the commitment, and within 3 months after the initial reevaluation, and again thereafter at least once each 6 months for the purpose of determining whether such patient has made sufficient progress to be entitled to transfer to a less restrictive facility or discharge. The findings of such reevaluation shall be written and placed with the patient's treatment record, and a copy shall be sent to the board which has responsibility for the patient and to the committing court.
51.20(18)
(18) Fees of examiners, witnesses; expenses of proceedings. 51.20(18)(a)(a) Unless previously fixed by the county board of supervisors in the county in which the examination is held, the examiners shall receive a fee as fixed by the court for participation in commitment proceedings, and reasonable reimbursement for travel expenses.
51.20(18)(b)
(b) Witnesses subpoenaed before the court shall be entitled to the same fees as witnesses subpoenaed before the court in other cases.
51.20(18)(c)
(c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed or released, in the manner that the expenses of a criminal prosecution are paid, as provided in
s. 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with
ch. 977.
51.20(18)(d)
(d) If the subject individual has a legal residence in a county other than the county from which he or she is detained, committed or discharged, that county shall reimburse the county from which the individual was detained, committed or discharged for all expenses under
pars. (a) to
(c). The county clerk on each July 1 shall submit evidences of payments of all such proceedings on nonresident payments to the department, which shall certify such expenses for reimbursement in the form of giving credits to the detaining, committing or discharging county and assessing such costs against the county of legal residence or against the state at the time of the next apportionment of charges and credits under
s. 70.60.
51.20(19)(a)(a) Prior to filing a petition for commitment of an inmate under
sub. (1) (ar) the department shall:
51.20(19)(a)1.
1. Attempt to use less restrictive forms of treatment with the individual. Less restrictive forms of treatment shall include, but are not limited to, voluntary treatment within the prison or voluntary transfer to a state treatment facility, including an admission which meets the requirements of
s. 51.10 (4m).
51.20(19)(a)2.
2. Ensure that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist.
51.20(19)(b)1.
1. Establishing standards for the use of psychotropic drugs on prisoners in a state prison and inmates committed under
sub. (1) (ar).
51.20(19)(b)1m.
1m. Establishing standards and procedures for use of and periodic review of the use of psychotropic drugs on inmates in a county jail or house of correction who are being treated in the jail or house of correction under a commitment based on a petition under
sub. (1) (a) or
(av).
51.20(19)(b)2.
2. Providing for the periodic review and evaluation of the appropriateness of and the need for the use of psychotropic drugs on, and the need for the continuation of treatment for, each inmate committed under
sub. (1) (ar).
Effective date note
History: 1975 c. 430;
1977 c. 26,
29;
1977 c. 187 ss.
42,
43,
134,
135;
1977 c. 428 ss.
29 to
65,
115;
1977 c. 447,
449; Sup. Ct. Order, 83 W (2d) xiii;
1979 c. 32,
89; Sup. Ct. Order, eff. 1-1-80;
1979 c. 110 s.
60 (1);
1979 c. 175 s.
53;
1979 c. 300,
336,
356;
1981 c. 20,
367;
1981 c. 390 s.
252;
1983 a. 27,
219;
1983 a. 474 ss.
2 to
9m,
14;
1985 a. 29 ss.
1067 to
1071,
3200 (56),
3202 (56);
1985 a. 139,
176,
321,
332;
1987 a. 27; Sup. Ct. Order, 141 W (2d) xiii (1987);
1987 a. 366,
394,
403;
1989 a. 31,
334;
1993 a. 98,
196,
227,
316,
451,
474;
1995 a. 77,
201,
268,
292,
440; s. 13.93 (1) (b), (2) (c).
51.20 Note
NOTE: 1987 Wis. Act 366, that amended this section contains notes by the Legislative Council following many of the statutes affected.
51.20 Annotation
1987 Wis. Act 394, which affected this section, contains a prefatory note and notes following the sections.
51.20 Note
Judicial Council Committee's Note, 1981: The final sentence of sub. (1) (am) allows the court to consider the subject individual's conduct during or subsequent to the crime as "recent" for purposes of involuntary civil commitment under this section, if the individual is proceeded against during, or immediately upon discharge from, a commitment for examination or treatment for incompetency to proceed as a criminal defendant. The relevancy of evidence of the individual's conduct prior to the crime is to be determined by the court. The revised statute requires the subject individual's dangerousness to be evidenced by acts, attempts, threats, omissions or behavior referred to in sub. (1) (a) 2. Prior law allowed commitment of such an individual upon a showing that there was a substantial likelihood, based on the treatment record, that he or she would be a proper subject for commitment if treatment were withdrawn. [Bill 765-A]
51.20 Note
Judicial Council Note, 1988: The amendment to sub. (2) allows notice of hearings to be given by telephone. The time at which such notice is given and the person to whom it is given must be noted in the case file. [Re Order effective Jan. 1, 1988]
51.20 Annotation
Role of attorney appointed under sub. (4), 1975 stats., [now (3)] discussed. State ex rel. Memmel v. Mundy, 75 W (2d) 276, 249 NW (2d) 573.
51.20 Annotation
Due process standard for hearings under this section is more flexible than standard for criminal proceedings. In Matter of Parham, 95 W (2d) 21, 289 NW (2d) 326 (Ct. App. 1979).
51.20 Annotation
Fourteen day time limit in sub. (7) (c) is mandatory and refers to calendar days, not business days. State ex rel. Lockman v. Gerhardstein, 107 W (2d) 325, 320 NW (2d) 27 (Ct. App. 1982).
51.20 Annotation
Criminal and civil commitments are not substantially the same. State v. Smith, 113 W (2d) 497, 335 NW (2d) 376 (1983).
51.20 Annotation
Person may be proper subject for treatment even though cure is unlikely. In Matter of Mental Condition of C.J. 120 W (2d) 355, 354 NW (2d) 219 (Ct. App. 1984).
51.20 Annotation
Forty-five day limit of sub. (13) (g) 2. applies only to original commitment order and does not bar subsequent extensions of order. In Matter of M.J. 122 W (2d) 525, 362 NW (2d) 190 (Ct. App. 1984).
51.20 Annotation
Use of testimony by physicians over telephone did not violate petitioner's due process rights. In Matter of W.J.C. 124 W (2d) 238, 369 NW (2d) 162 (Ct. App. 1985).
51.20 Annotation
Hearings under (12) are open unless court grants subject individual's motion for closure. State ex rel. Wis. Journal v. Dane Cir. Ct., 131 W (2d) 515, 389 NW (2d) 73 (Ct. App. 1986).
51.20 Annotation
Individual's counsel may not withdraw jury demand without individual's consent. In Matter of S.B., 138 (2d) 409, 406 NW (2d) 408 (1987).
51.20 Annotation
Sub. (13) (c) 2 does not permit committing court to specify treatment method in addition to facility. In Matter of J.R.R., 145 W (2d) 431, 427 NW (2d) 137 (Ct. App. 1988).
51.20 Annotation
Under sub. (13) (g) 3. individual has right to jury trial in proceedings to extend commitment. In Matter of Mental Condition of G.O.T., 151 W (2d) 629, 445 NW (2d) 697 (Ct. App. 1989).
51.20 Annotation
Discussion of bright line rule prohibiting circuit court from accepting petitions drafted by persons not authorized to do so under sub. (4). In Matter of S.P.B., 159 W (2d) 393, 464 NW (2d) 102 (Ct. App. 1990).
51.20 Annotation
See note to section 753.19 citing State ex. rel. Chiarkas v. Skow, 160 W (2d) 123, 465 NW (2d) 625 (1990).
51.20 Annotation
Assurance of representation by adversary counsel under sub. (3) does not preclude self representation where waiver of counsel is knowingly and competently made. In Matter of Condition of S.Y., 162 W (2d) 320, 469 NW (2d) 836 (1991).
51.20 Annotation
Provision of sub. (16) (c) for hearing on petition within 30 days of filing is directory and violation not grounds for release. State v. R.R.E., 162 W (2d) 698, 470 NW (2d) 283 (1991).
51.20 Annotation
Where recommitment hearing under sub. (13) (g) 3. is before same judge who conducted original commitment proceeding, request for substitution under s. 801.58 not allowed. Serocki v. Clark County Circ. Ct. 163 W (2d) 152, 471 NW (2d) 49 (1991).
51.20 Annotation
Sub. (15) does not authorize appeal of court commissioner's order to court of appeals; proper review is new hearing by circuit court. In Matter of Mental Condition of C.M.B., 165 W (2d) 703, 478 NW (2d) 385 (1992).
51.20 Annotation
Involuntary commitment may not be ordered on summary judgment. Matter of Mental Condition of Shirley J.C. 172 W (2d) 371, 493 NW (2d) 382 (Ct. App. 1992).
51.20 Annotation
A probable cause determination made by a court commissioner under sub. (7) is subject to de novo review by the circuit court, generally within 72 hours of the initial determination. Milwaukee County v. Louise M. 196 W (2d) 200, 538 NW (2d) 550 (Ct. App. 1995).
51.20 Annotation
Under (2), court can entertain proceedings for involuntary commitment of person admitted as voluntary inpatient. 68 Atty. Gen. 97.
51.20 Annotation
Sub. (14) requires sheriff to transport subject of petition under s. 51.20 at all stages of proceedings, regardless of reimbursement. 68 Atty. Gen. 225.
51.20 Annotation
Individual in custody of sheriff for transport to, from and during involuntary commitment hearing has rights to least restrictive restraint appropriate.
71 Atty. Gen. 183.
51.20 Annotation
Duties and obligations of corporation counsel in involuntary civil commitment proceedings under this chapter discussed.
79 Atty. Gen. 129.
51.20 Annotation
Under sub. (14), the director of the county department under s. 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under ch. 51, and the sheriff must do so within a reasonable time.
80 Atty. Gen. 299.
51.20 Annotation
State cannot confine, without more, nondangerous persons capable of surviving safely in freedom alone or with help of family or friends. O'Connor v. Donaldson, 422 US 563.
51.20 Annotation
Due process does not require states to use "beyond a reasonable doubt" standard in civil commitment proceedings. Addington v. Texas, 441 US 418 (1979).
51.20 Annotation
In signing commitment application, county employe was in essence acting as witness in judicial proceeding and as such was entitled to immunity. Martens v. Tremble, 481 F Supp. 831 (1979).
51.20 Annotation
See note to Art. I, sec. 6, citing Flakes v. Percy, 511 F Supp. 1325 (1981).
51.20 Annotation
The privilege against self-incrimination in civil commitment proceedings. 1980 WLR 697.
51.22
51.22
Care and custody of persons. 51.22(1)
(1) Except as provided in
s. 51.20 (13) (a) 4. or
5., any person committed under this chapter shall be committed to the county department under
s. 51.42 or
51.437 serving the person's county of residence, and such county department shall authorize placement of the person in an appropriate facility for care, custody and treatment according to
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a).
51.22(2)
(2) Voluntary admissions under
ss. 51.10,
51.13 and
51.45 (10) shall be through the county department under
s. 51.42 or
51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under
s. 51.42 or
51.437 shall be made in accordance with
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a). Admissions through the department shall be made in accordance with
sub. (3).
51.22(3)
(3) Whenever an admission is made through the department, the department shall determine the need for inpatient care of the individual to be admitted. Unless a state-operated facility is used, the department may only authorize care in an inpatient facility which is operated by or under a purchase of service contract with a county department under
s. 51.42 or
51.437 or an inpatient facility which is under a contractual agreement with the department. Except in the case of state treatment facilities, the department shall reimburse the facility for the actual cost of all authorized care and services from the appropriation under
s. 20.435 (7) (da). For collections made under the authority of
s. 46.10 (16), moneys shall be credited or remitted to the department no later than 60 days after the month in which collections are made. Such collections are also subject to
s. 46.036 or special agreement. Collections made by the department under
ss. 46.03 (18) and
46.10 shall be deposited in the general fund.
51.22(4)
(4) If a patient is placed in a facility authorized by a county department under
s. 51.42 and such placement is outside the jurisdiction of that county department under
s. 51.42, the placement does not transfer the patient's legal residence to the county of the facility's location while such patient is under commitment.
51.22(5)
(5) The board to which a patient is committed shall provide the least restrictive treatment alternative appropriate to the patient's needs, and movement through all appropriate and necessary treatment components to assure continuity of care.
51.22 Annotation
Standard for determining whether state has adequately protected patient's rights is whether professional judgment was in fact exercised. Youngberg v. Romeo, 457 US 307 (1982).
51.30(1)(1)
Definitions. In this section:
51.30(1)(a)
(a) "Registration records" include all the records of the department, county departments under
s. 51.42 or
51.437, treatment facilities, and other persons providing services to the department, county departments or facilities which identify individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism or drug dependence.
51.30 Note
NOTE: Section 51.30 (1) (am) was renumbered to s. 51.62 (1) (am) by the revisor under s. 13.93 (1) (b).
51.30(1)(b)
(b) "Treatment records" include the registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by county departments under
s. 51.42 or
51.437 and their staffs, and by treatment facilities. Such records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under
s. 51.42 or
51.437, or a treatment facility if such notes or records are not available to others.
51.30(2)
(2) Informed consent. An informed consent for disclosure of information from court or treatment records to an individual, agency, or organization must be in writing and must contain the following: the name of the individual, agency, or organization to which the disclosure is to be made; the name of the subject individual whose treatment record is being disclosed; the purpose or need for the disclosure; the specific type of information to be disclosed; the time period during which the consent is effective; the date on which the consent is signed; and the signature of the individual or person legally authorized to give consent for the individual.
51.30(3)(a)(a) Except as provided in
pars. (b) and
(c), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.
51.30(3)(b)
(b) An individual's attorney or guardian ad litem shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or
ch. 971 or
975.
51.30(3)(c)
(c) The files and records of court proceedings under this chapter may be released to other persons with the informed written consent of the individual, pursuant to lawful order of the court which maintains the records or under
s. 51.20 (13) (cv) 4. or
(16) (gm).
51.30(3)(d)
(d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under
s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under
s. 301.46.
Effective date note
NOTE: Par. (d) is created eff. 6-1-97 by 1995 WIs. Act 440.
51.30(4)
(4) Access to registration and treatment records. 51.30(4)(a)(a) Confidentiality of records. Except as otherwise provided in this chapter and
ss. 905.03 and
905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or
ss. 905.03 and
905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under
s. 51.42 (4) (a) or
51.437 (7) (a).
51.30(4)(b)
(b)
Access without informed written consent. Notwithstanding
par. (a), treatment records of an individual may be released without informed written consent in the following circumstances, except as restricted under
par. (c):
51.30(4)(b)1.
1. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits, financial audits, or program monitoring and evaluation. Information obtained under this paragraph shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individual whose records are being released. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)2.
2. To the department, the director of a county department under
s. 51.42 or
51.437, or a qualified staff member designated by the director as is necessary for, and only to be used for, billing or collection purposes. Such information shall remain confidential. The department and county departments shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)3.
3. For purposes of research as permitted in
s. 51.61 (1) (j) and
(4) if the research project has been approved by the department and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individual whose treatment records are being released under this subsection without the informed written consent of the individual. Such information shall remain confidential. In approving research projects under this subsection, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
51.30(4)(b)5.
5. To qualified staff members of the department, to the director of the county department under
s. 51.42 or
51.437 which is responsible for serving a subject individual or to qualified staff members designated by the director as is necessary to determine progress and adequacy of treatment, to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility or for the purposes of
s. 51.14. Such information shall remain confidential. The department and county departments under
s. 51.42 or
51.437 shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)6.
6. Within the treatment facility where the subject individual is receiving treatment confidential information may be disclosed to individuals employed, individuals serving in bona fide training programs or individuals participating in supervised volunteer programs, at the facility when and to the extent that performance of their duties requires that they have access to such information.
51.30(4)(b)7.
7. Within the department to the extent necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or drug abuse of individuals who have been committed to or who are under the supervision of the department. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)8.
8. To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Such disclosure shall be limited to that part of the records necessary to meet the medical emergency.
51.30(4)(b)9.
9. To a facility which is to receive an individual who is involuntarily committed under this chapter,
ch. 971 or
975 upon transfer of the individual from one treatment facility to another. Release of records under this subdivision shall be limited to such treatment records as are required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but it may not include the patient's complete treatment record. The department shall promulgate rules to implement this subdivision.
51.30(4)(b)10.
10. To a correctional facility or to a probation and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under
s. 51.42 or
51.437, or in a treatment facility, as a condition of the probation and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or parolee who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation and parole agent. Release of records under this subdivision is limited to:
51.30(4)(b)10.a.
a. The report of an evaluation which is provided pursuant to the written probation and parole supervision plan.
51.30(4)(b)10.b.
b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation and parole supervision plan.
51.30(4)(b)10.c.
c. When an individual is transferred from a treatment facility back to a correctional facility, the information provided under
subd. 10. d.
51.30(4)(b)10.d.
d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation or parole, disclosure shall be made to a probation and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.
51.30(4)(b)10m.
10m. To the department of justice or a district attorney under
s. 980.015 (3) (b), if the treatment records are maintained by an agency with jurisdiction, as defined in
s. 980.015 (1), that has control or custody over a person who may meet the criteria for commitment as a sexually violent person under
ch. 980.
