November 4, 2013 - Introduced by Representatives Jagler and Severson,
cosponsored by Senator Farrow. Referred to Committee on Health.
AB488,1,4 1An Act to renumber and amend 51.20 (4); to amend 51.20 (2) (a), 51.20 (4)
2(title) and 51.20 (7) (a); and to create 51.20 (4) (b) and (c) of the statutes;
3relating to: involuntary commitment proceedings and limited appearance by
4corporation counsel.
Analysis by the Legislative Reference Bureau
Under current law, a person may petition for involuntary commitment of an
individual if the petition for examination (three-person petition) is signed by three
adult persons, at least one of whom has personal knowledge of the conduct of the
individual, except in certain situations where a court finds a juvenile not responsible
for an offense by reason of mental disease or defect or not competent to proceed with
the criminal proceedings. The three-person petition must allege that the individual
is mentally ill, drug dependent, or developmentally disabled, is a proper subject for
treatment, and is dangerous. For purposes of involuntary commitment, an
individual is dangerous, under current law, because the individual evidences any of
the following: 1) a substantial probability of physical harm to himself or herself as
manifested by evidence of recent threats of or attempts at suicide or serious bodily
harm; 2) a substantial probability of physical harm to other individuals as
manifested by evidence of recent homicidal or other violent behavior or by evidence
that others are placed in reasonable fear of violent behavior and serious physical
harm to themselves; 3) impaired judgment manifested by evidence of a pattern of
recent acts or omissions such that there is substantial probability of physical
impairment or injury to himself or herself; 4) an inability to satisfy certain basic

needs, due to mental illness, so that a substantial probability exists that death,
serious physical injury, serious physical debilitation, or serious physical disease will
imminently ensue without prompt and adequate treatment for mental illness; or 5)
for an individual who is not alleged to be drug dependent or developmentally
disabled, incapability of expressing an understanding of the advantages and
disadvantages of accepting medication or treatment and the alternatives, or
substantial incapability of applying that understanding to his or her mental illness
and a substantial probability that the individual needs care or treatment to prevent
further disability or deterioration and that he or she will, if left untreated, lack
services necessary for health and safety and suffer severe mental, emotional, or
physical harm that will result in the loss of the individual's ability to function
independently or the loss of cognitive or volitional control over thoughts and actions
(grounds for involuntary commitment). Current law provides an additional
procedure if a three-person petition is filed based on the fifth ground for involuntary
commitment. Current law also sets forth certain exceptions and requirements if the
subject of the three-person petition is an inmate of a prison, jail, or other criminal
detention facility or if the subject has been in inpatient treatment for mental illness,
developmental disability, or drug dependency immediately before commencement of
involuntary commitment proceedings. Current law also provides alternate grounds
for commitment.
In addition to one of the grounds for involuntary commitment, the three-person
petition must contain the names and addresses of the petitioners and their
relationship to the subject individual and the names and addresses of individuals
with a certain relationship to that individual. Current law requires that the petition
contain a clear and concise statement of the facts which constitute probable cause to
believe the allegations of the three-person petition. Current law requires the
petition to be sworn to be true. Under current law, if the petitioner does not have
personal knowledge of the conduct of the subject individual, the petition must
contain a statement providing the basis for the petitioner's belief.
Under current law, upon filing of the three-person petition, the court must
review the petition to determine whether to issue an order of detention. The
individual who is the subject of the petition must be detained only if there is cause
to believe that the individual is mentally ill, drug dependent, or developmentally
disabled and that the individual demonstrates one of the grounds for involuntary
commitment or an alternate ground for commitment based on specific recent overt
acts, attempts or threats to act, or a pattern of recent acts or omissions made by the
individual.
Under current law, if an individual is detained based on the three-person
petition or if the person had been detained on an emergency detention, the court
must hold a hearing to determine whether there is probable cause to believe the
allegations made in the three-person petition or in the petition originating from the
emergency detention within 72 hours after the individual arrives at the facility,
excluding Saturdays, Sundays, and legal holidays, unless the subject individual or
his or her counsel requests a postponement. If, at the probable cause hearing, the
court determines there is probable cause to believe the allegations in the petition, the

court must schedule a final hearing on involuntary commitment within 14 days of
the time of detention at the facility, with certain exceptions. Under current law, the
corporation counsel must represent the interests of the public in the conduct of these
hearings and all other mental health proceedings in the statutes, with certain
exceptions, including the drafting of all necessary papers related to the action.
This bill provides a procedure for the corporation counsel to make a limited
appearance in certain involuntary commitment proceedings. If corporation counsel
does not believe that involuntary commitment is appropriate for the subject
individual, he or she shall inform the person seeking the three-person petition that
the person may discontinue pursuing the involuntary commitment or request that
corporation counsel file the petition under a limited appearance. If the person
seeking the three-person petition requests a limited appearance by corporation
counsel, corporation counsel shall notify the person of the scope of what he or she will
do as corporation counsel under the limited appearance and file the three-person
petition in a timely manner, except that corporation counsel may state that the
person seeking the three-person petition believes the facts constitute probable cause
instead of affirming that himself or herself. Under a limited appearance under the
bill, corporation counsel must also include with the petition a certification to the
court that he or she is not supporting the petition but is making a limited appearance
and that he or she has notified the person seeking the three-person petition of the
scope of this limited appearance. The limited appearance procedure under the bill
does not apply to petitions that originate from an emergency detention.
The bill also requires that the court review the three-person petition for
examination within 24 hours after the petition is filed, excluding Saturdays,
Sundays, and legal holidays, to determine whether an order of detention should be
issued. The bill also requires that if an individual is detained based on the
three-person petition or if the person had been detained on an emergency detention,
the court must schedule the hearing in addition to holding the probable cause
hearing within 72 hours after the individual arrives at the facility, excluding
Saturdays, Sundays, and legal holidays, unless postponed as allowed by law.
For further information see the state and local 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:
AB488,1 1Section 1. 51.20 (2) (a) of the statutes is amended to read:
AB488,4,42 51.20 (2) (a) Upon the filing of a petition for examination, the court shall review
3the petition within 24 hours after the petition is filed, excluding Saturdays, Sundays,
4and legal holidays,
to determine whether an order of detention should be issued. The
5subject individual shall be detained only if there is cause to believe that the

1individual is mentally ill, drug dependent or developmentally disabled and the
2individual is eligible for commitment under sub. (1) (a) or (am) based upon specific
3recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions
4made by the individual.
AB488,2 5Section 2. 51.20 (4) (title) of the statutes is amended to read:
AB488,4,66 51.20 (4) (title) Public representation ; limited appearance.
AB488,3 7Section 3. 51.20 (4) of the statutes is renumbered 51.20 (4) (a) and amended
8to read:
AB488,4,129 51.20 (4) (a) Except as provided in ss. 51.42 (3) (ar) 1. and 51.437 (4m) (f) and
10subject to par. (b)
, the corporation counsel shall represent the interests of the public
11in the conduct of all proceedings under this chapter, including the drafting of all
12necessary papers related to the action.
AB488,4 13Section 4. 51.20 (4) (b) and (c) of the statutes are created to read:
AB488,4,2114 51.20 (4) (b) If corporation counsel does not believe that involuntary
15commitment under this section is appropriate for the subject individual, corporation
16counsel shall inform the person seeking the petition under sub. (1) that the person
17may discontinue pursuing the involuntary commitment or may request that
18corporation counsel file the petition under sub. (1) under a limited appearance. If the
19person seeking the petition requests a limited appearance by corporation counsel for
20the purpose of filing a petition under sub. (1), corporation counsel shall do all of the
21following:
AB488,4,2322 1. Notify the person seeking the petition of the scope of what corporation
23counsel will do under the limited appearance.
AB488,5,224 2. File, in a timely manner, the petition as described in sub. (1), except that the
25corporation counsel does not need to affirm that the facts in the petition constitute

1probable cause but may state that the person seeking the petition believes those facts
2constitute probable cause.
AB488,5,63 3. Include with the petition, at the time of filing, a certification to the court that
4corporation counsel is not supporting the petition but is making a limited appearance
5and that he or she has notified the person seeking the petition of the scope of this
6limited appearance.
AB488,5,87 (c) Paragraph (b) does not apply to a petition originating under s. 51.15 (4), (5),
8or (10).
AB488,5 9Section 5. 51.20 (7) (a) of the statutes is amended to read:
AB488,5,1610 51.20 (7) (a) After the filing of the petition under sub. (1), if the subject
11individual is detained under s. 51.15 or this section the court shall schedule and hold
12a hearing to determine whether there is probable cause to believe the allegations
13made under sub. (1) (a) within 72 hours after the individual arrives at the facility,
14excluding Saturdays, Sundays and legal holidays. At the request of the subject
15individual or his or her counsel the hearing may be postponed, but in no case may
16the postponement exceed 7 days from the date of detention.
AB488,5,1717 (End)
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