January 22, 2010 - Introduced by Representatives Pasch, Berceau, A. Williams
and Hintz, cosponsored by Senators Taylor, Lehman, Risser and Lassa.
Referred to Committee on Corrections and the Courts.
AB681,1,5 1An Act to repeal 51.20 (1) (av), 51.20 (13) (g) 2g., 302.383 (1), 302.383 (2) (a) 2.
2and 302.383 (2) (c); and to amend 51.20 (1) (a) (intro.), 51.20 (11) (a), 51.20 (13)
3(a) 4m., 51.20 (13) (g) 2m., 51.20 (13) (g) 2r., 51.20 (13) (g) 3. and 51.20 (19) (b)
41m. of the statutes; relating to: orders to commit state prison inmates to a
5mental health facility.
Analysis by the Legislative Reference Bureau
Under current law, the procedure to commit a person involuntarily to a mental
health facility begins by filing a petition alleging that the person is mentally ill, drug
dependent, or developmentally disabled, is a proper subject for treatment, and is
dangerous. If these allegations are proven, the person may initially be committed
for treatment for a period not to exceed six months, and any consecutive commitment
order may not exceed 12 months.
In addition, a procedure to commit an inmate of a prison may begin under an
alternative petition, which must allege all of the following: 1) that the inmate is
mentally ill, is a proper subject for treatment, and is in need of treatment; 2) that the
inmate is informed about his treatment needs; and 3) that less restrictive forms of
treatment have been unsuccessful. If these allegations are proven, the inmate may
be committed under this alternative petition for not more than 180 days in a 365-day
period.
Under this bill, under the alternative petition, an inmate of a prison may
initially be committed for treatment for a period not to exceed six months, and any
consecutive commitment order may not exceed 12 months.

Current law also contains a provision describing an alternative petition
procedure for committing an inmate of a jail or house of corrections, but this
provision does not apply to petitions filed after July 1, 1990. This bill repeals this
provision.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB681, s. 1 1Section 1. 51.20 (1) (a) (intro.) of the statutes is amended to read:
AB681,2,42 51.20 (1) (a) (intro.) Except as provided in pars. (ab), (am), and (ar) and (av),
3every written petition for examination shall allege that all of the following apply to
4the subject individual to be examined:
AB681, s. 2 5Section 2. 51.20 (1) (av) of the statutes is repealed.
AB681, s. 3 6Section 3. 51.20 (11) (a) of the statutes is amended to read:
AB681,3,27 51.20 (11) (a) If before involuntary commitment a jury is demanded by the
8individual against whom a petition has been filed under sub. (1) or by the individual's
9counsel if the individual does not object, the court shall direct that a jury of 6 people
10be selected to determine if the allegations specified in sub. (1) (a), or (ar) or (av) are
11true. A jury trial is deemed waived unless demanded at least 48 hours in advance
12of the time set for final hearing, if notice of that time has been previously provided
13to the subject individual or his or her counsel. If a jury trial demand is filed within
145 days of detention, the final hearing shall be held within 14 days of detention. If a
15jury trial demand is filed later than 5 days after detention, the final hearing shall
16be held within 14 days of the date of demand. If an inmate of a state prison, county
17jail or house of correction demands a jury trial within 5 days after the probable cause
18hearing, the final hearing shall be held within 28 days of the probable cause hearing.
19If an inmate of a state prison, county jail or house of correction demands a jury trial

1later than 5 days after the probable cause hearing, the final hearing shall be held
2within 28 days of the date of demand.
AB681, s. 4 3Section 4. 51.20 (13) (a) 4m. of the statutes is amended to read:
AB681,3,104 51.20 (13) (a) 4m. If the individual is an inmate of a county jail or house of
5correction and the allegations under sub. (1) (a) or (av) are proven, order commitment
6to the county department under s. 51.42 or 51.437 serving the inmate's county of
7residence or, if the inmate is a nonresident, order commitment to the department.
8The order shall either authorize the transfer of the inmate to a state or county
9treatment facility or, if inpatient care is not needed, authorize treatment on an
10outpatient basis in the jail or house of correction; or
AB681, s. 5 11Section 5. 51.20 (13) (g) 2g. of the statutes is repealed.
AB681, s. 6 12Section 6. 51.20 (13) (g) 2m. of the statutes is amended to read:
AB681,3,1613 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., and 2. and 2g.,
14no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's
15date of release on parole or extended supervision, as determined under s. 302.11 or
16302.113, whichever is applicable.
AB681, s. 7 17Section 7. 51.20 (13) (g) 2r. of the statutes is amended to read:
AB681,4,618 51.20 (13) (g) 2r. Twenty-one days prior to expiration of the period of
19commitment under subd. 1., 2., 2g. or 2m., the department, if the individual is
20committed to the department, or the county department to which an individual is
21committed shall file an evaluation of the individual and the recommendation of the
22department or county department regarding the individual's recommitment with the
23committing court and provide a copy of the evaluation and recommendation to the
24individual's counsel and the counsel designated under sub. (4). If the date for filing
25an evaluation and recommendation under this subdivision falls on a Saturday,

1Sunday or legal holiday, the date which is not a Saturday, Sunday or legal holiday
2and which most closely precedes the evaluation and recommendation filing date
3shall be the filing date. A failure of the department or the county department to
4which an individual is committed to file an evaluation and recommendation under
5this subdivision does not affect the jurisdiction of the court over a petition for
6recommitment.
AB681, s. 8 7Section 8. 51.20 (13) (g) 3. of the statutes is amended to read:
AB681,4,188 51.20 (13) (g) 3. The county department under s. 51.42 or 51.437 to whom the
9individual is committed under par. (a) 3. may discharge the individual at any time,
10and shall place a committed individual in accordance with par. (f). Upon application
11for extension of a commitment by the department or the county department having
12custody of the subject, the court shall proceed under subs. (10) to (13). If the court
13determines that the individual is a proper subject for commitment as prescribed in
14sub. (1) (a) 1. and evidences the conditions under sub. (1) (a) 2. or (am) or is a proper
15subject for commitment as prescribed in sub. (1) (ar) or (av), it shall order judgment
16to that effect and continue the commitment. The burden of proof is upon the county
17department or other person seeking commitment to establish evidence that the
18subject individual is in need of continued commitment.
AB681, s. 9 19Section 9. 51.20 (19) (b) 1m. of the statutes is amended to read:
AB681,4,2320 51.20 (19) (b) 1m. Establishing standards and procedures for use of and
21periodic review of the use of psychotropic drugs on inmates in a county jail or house
22of correction who are being treated in the jail or house of correction under a
23commitment based on a petition under sub. (1) (a) or (av).
AB681, s. 10 24Section 10. 302.383 (1) of the statutes is repealed.
AB681, s. 11 25Section 11. 302.383 (2) (a) 2. of the statutes is repealed.
AB681, s. 12
1Section 12. 302.383 (2) (c) of the statutes is repealed.
AB681, s. 13 2Section 13. Initial applicability.
AB681,5,53 (1) The treatment of section 51.20 (13) (g) 2g. of the statutes first applies to a
4petition filed under section 51.20 (1) of the statutes on the effective date of this
5subsection.
AB681,5,66 (End)
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