LRB-1247/1
SWB:ahe&kjf
2019 - 2020 LEGISLATURE
December 2, 2019 - Introduced by Representatives Born, James, Allen, Anderson,
Brooks, Dittrich, Doyle, Edming, Emerson, Felzkowski, Jagler, Katsma,
Knodl, Krug, Kulp, Loudenbeck, Magnafici, Milroy, Mursau, Novak,
Petryk, Plumer, Rohrkaste, Sanfelippo, Skowronski, Snyder, Spiros,
Spreitzer, Stafsholt, Steffen, Subeck, Summerfield, Tittl, Tusler,
VanderMeer, Wichgers and Zimmerman, cosponsored by Senators
Petrowski, Bewley, Testin, Bernier, Cowles, Marklein, Olsen,
Schachtner, Smith and Wanggaard. Referred to Committee on Mental
Health.
AB633,1,2 1An Act to amend 51.15 (2) (a) and 51.15 (3); and to create 49.45 (29x) and 51.15
2(2) (e) of the statutes; relating to: transport for emergency detention.
Analysis by the Legislative Reference Bureau
This bill clarifies current law regarding transport of individuals for emergency
detention, expressly providing that a law enforcement agency may contract with
another law enforcement agency, an ambulance service provider, or a third-party
vendor to transport an individual for emergency detention if the agency, provider, or
vendor agrees to provide the transport. Under current law, certain individuals
including a law enforcement officer or a person authorized to take a child into custody
under certain circumstances may transport, or cause an individual to be transported,
for emergency detention, if the county department of community programs in the
county in which the individual was taken into custody approves the need for
detention, and for evaluation, diagnosis, and treatment if permitted.
The bill also provides that an individual in custody being transported for
emergency detention remains in the custody of the law enforcement officer or other
authorized person who placed the individual in custody for purposes of emergency
detention, except that if a law enforcement agency contracts with another law
enforcement agency to transport an individual for the purposes of emergency
detention, custody is transferred to the transporting law enforcement agency. The
bill does not change the current law provision that upon arrival at the facility for
emergency detention, custody of the individual is then transferred to the facility.
Finally, the bill requires the Department of Health Services to request any
federal approval required to provide reimbursement to counties for the costs of

transporting for emergency detention recipients under the Medical Assistance
program and to provide that reimbursement to counties if federal approval is granted
or not required. If federal approval is necessary but not granted, DHS may not
provide reimbursement under the Medical Assistance program. Under the bill, if
DHS provides reimbursement, a county may obtain reimbursement if the individual
transported is a medical assistance recipient and if the transport is provided by a law
enforcement agency or an entity that contracts with a law enforcement agency to
provide transport for emergency detention.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB633,1 1Section 1. 49.45 (29x) of the statutes is created to read:
AB633,2,62 49.45 (29x) Emergency detention transport reimbursement. (a) Subject to
3par. (b), the department shall provide reimbursement as provided under s. 49.46 (2)
4(b) 3. to counties for transport of individuals who are recipients of medical assistance
5for purposes of emergency detention under s. 51.15 (2) as provided under s. 51.15 (2)
6(e).
AB633,2,117 (b) The department shall request any necessary federal approval required to
8provide reimbursement under par. (a) and, if approval is granted or if no federal
9approval is required, the department shall provide reimbursement as provided
10under par. (a). If federal approval is necessary but not granted, the department may
11not provide reimbursement under par. (a).
AB633,2 12Section 2. 51.15 (2) (a) of the statutes is amended to read:
AB633,3,413 51.15 (2) (a) Subject to par. (b), the law enforcement officer or other person
14authorized to take a child into custody under ch. 48 or to take a juvenile into custody
15under ch. 938 shall transport the individual, or cause him or her to be transported,
16for detention, if the county department of community programs in the county in
17which the individual was taken into custody approves the need for detention, and for
18evaluation, diagnosis, and treatment if permitted under sub. (8). A law enforcement

1agency may also contract with another law enforcement agency, an ambulance
2service provider, or a 3rd-party vendor to transport an individual for detention as
3set forth in this paragraph if the agency, provider, or vendor agrees to provide the
4transport.
AB633,3 5Section 3. 51.15 (2) (e) of the statutes is created to read:
AB633,3,86 51.15 (2) (e) Subject to s. 49.45 (29x), a county may obtain reimbursement
7through the Medical Assistance program under subch. IV of ch. 49 for transport of
8an individual for purposes of emergency detention if all of the following are true:
AB633,3,99 1. The individual transported is a medical assistance recipient.
AB633,3,1110 2. The transport is provided by a law enforcement agency or an entity that
11contracts with a law enforcement agency under sub. (2) (a).
AB633,4 12Section 4. 51.15 (3) of the statutes is amended to read:
AB633,3,2313 51.15 (3) Custody. An individual is in custody when the individual is under
14the physical control of the law enforcement officer, or other person authorized to take
15a child into custody under ch. 48 or to take a juvenile into custody under ch. 938, for
16the purposes of emergency detention. The individual remains in the custody of the
17law enforcement officer or other person authorized to take a child into custody under
18ch. 48 or to take a juvenile into custody under ch. 938 for transport for the purposes
19of emergency detention, except that if a law enforcement agency contracts with
20another law enforcement agency to transport an individual as described under sub.
21(2) (a) for the purposes of emergency detention, custody is transferred to the
22transporting law enforcement agency.
Upon arrival at the facility under sub. (2),
23custody of the individual is transferred to the facility.
AB633,3,2424 (End)
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