SB119-SSA1,1,4 1An Act to renumber and amend 51.20 (7) (d), 51.61 (1) (g) 4., 51.67, 880.01 (7m),
2971.14 (3) (dm) and 971.16 (3); to amend 975.06 (7); and to create 51.67 (1) and
3(2) of the statutes; relating to: modifying the standards for incompetency to
4refuse medication or treatment and to refuse psychotropic medication.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB119-SSA1, s. 1 5Section 1. 51.20 (7) (d) of the statutes is renumbered 51.20 (7) (d) (intro.) and
6amended to read:
SB119-SSA1,2,107 51.20 (7) (d) (intro.) If the court determines after hearing that there is probable
8cause to believe that the subject individual is a fit subject for guardianship and
9protective placement or services, the court may, without further notice, appoint a
10temporary guardian for the subject individual and order temporary protective
11placement or services under ch. 55 for a period not to exceed 30 days, and shall
12proceed as if petition had been made for guardianship and protective placement or
13services. If the court orders only temporary protective services for a subject
14individual under this paragraph, the individual shall be provided care only on an

1outpatient basis. The court may order psychotropic medication as a temporary
2protective service under this paragraph if it finds that there is probable cause to
3believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the
4individual is not competent to refuse psychotropic medication and that the
5medication ordered will have therapeutic value and will not unreasonably impair the
6ability of the individual to prepare for and participate in subsequent legal
7proceedings. An individual is not competent to refuse psychotropic medication if,
8because of chronic mental illness, the and after the advantages and disadvantages
9of and alternatives to accepting the particular psychotropic medication have been
10explained to the individual, one of the following is true:
SB119-SSA1,2,13 111. The individual is incapable of expressing an understanding of the
12advantages and, disadvantages of accepting treatment, and the alternatives to
13accepting the particular treatment offered, after
.
SB119-SSA1,2,17 142. The individual is substantially incapable of applying an understanding of
15the advantages, disadvantages and alternatives have been explained to the
16individual
in order to make an informed choice as to whether to accept or refuse
17psychotropic medication
.
SB119-SSA1, s. 2 18Section 2. 51.61 (1) (g) 4. of the statutes is renumbered 51.61 (1) (g) 4. (intro.)
19and amended to read:
SB119-SSA1,2,2520 51.61 (1) (g) 4. (intro.) For purposes of a determination under subd. 2. or 3., an
21individual is not competent to refuse medication or treatment if, because of mental
22illness, developmental disability, alcoholism or drug dependence, the and after the
23advantages and disadvantages of and alternatives to accepting the particular
24medication or treatment have been explained to the individual, one of the following
25is true:
SB119-SSA1,3,3
1a. The individual is incapable of expressing an understanding of the
2advantages and, disadvantages of accepting medication or treatment, and the
3alternatives to accepting the particular medication or treatment offered, after.
SB119-SSA1,3,7 4b. The individual is substantially incapable of applying an understanding of
5the advantages, disadvantages and alternatives have been explained to the
6individual
in order to make an informed choice as to whether to accept or refuse
7medication or treatment
.
SB119-SSA1, s. 3 8Section 3. 51.67 of the statutes is renumbered 51.67 (intro.) and amended to
9read:
SB119-SSA1,4,17 1051.67 Alternate procedure; protective services. (intro.) If, after hearing
11under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not
12warranted and that the subject individual is a fit subject for guardianship and
13protective placement or services, the court may, without further notice, appoint a
14temporary guardian for the subject individual and order temporary protective
15placement or services under ch. 55 for a period not to exceed 30 days. The court may
16order psychotropic medication as a temporary protective service under this section
17if it finds that there is probable cause to believe the individual is not competent to
18refuse psychotropic medication and that the medication ordered will have
19therapeutic value and will not unreasonably impair the ability of the individual to
20prepare for and participate in subsequent legal proceedings. An individual is not
21competent to refuse psychotropic medication if, because of chronic mental illness, the
22individual is incapable of expressing an understanding of the advantages and
23disadvantages of accepting treatment, and the alternatives to accepting the
24particular treatment offered, after the advantages, disadvantages and alternatives
25have been explained to the individual.
If the court orders temporary protective

1placement for an individual under the age of 22 years in a center for the
2developmentally disabled, this placement may be made only at the central center for
3the developmentally disabled unless the department authorizes the placement or
4transfer to the northern or southern center for the developmentally disabled. Any
5interested party may then file a petition for permanent guardianship or protective
6placement or services, including medication, under ch. 55. If the individual is in a
7treatment facility, the individual may remain in the facility during the period of
8temporary protective placement if no other appropriate facility is available. The
9court may order psychotropic medication as a temporary protective service under
10this section if it finds that there is probable cause to believe the individual is not
11competent to refuse psychotropic medication and that the medication ordered will
12have therapeutic value and will not unreasonably impair the ability of the individual
13to prepare for and participate in subsequent legal proceedings. An individual is not
14competent to refuse psychotropic medication if, because of chronic mental illness,
15and after the advantages and disadvantages of and alternatives to accepting the
16particular psychotropic medication have been explained to the individual, one of the
17following is true:
SB119-SSA1, s. 4 18Section 4. 51.67 (1) and (2) of the statutes are created to read:
SB119-SSA1,4,2019 51.67 (1) The individual is incapable of expressing an understanding of the
20advantages, disadvantages and alternatives.
SB119-SSA1,4,23 21(2) The individual is substantially incapable of applying an understanding of
22the advantages, disadvantages and alternatives in order to make an informed choice
23as to whether to accept or refuse psychotropic medication.
SB119-SSA1, s. 5 24Section 5. 880.01 (7m) of the statutes is renumbered 880.01 (7m) (intro.) and
25amended to read:
SB119-SSA1,5,5
1880.01 (7m) (intro.) "Not competent to refuse psychotropic medication" means
2that, because of chronic mental illness, as defined in s. 51.01 (3g), a person and after
3the advantages and disadvantages of and alternatives to accepting the particular
4psychotropic medication have been explained to an individual, one of the following
5is true:
SB119-SSA1,5,8 6(a) The individual is incapable of expressing an understanding of the
7advantages and, disadvantages of accepting treatment, and the alternatives to
8accepting the particular treatment offered, after
.
SB119-SSA1,5,12 9(b) The individual is substantially incapable of applying an understanding of
10the advantages, disadvantages and alternatives have been explained to the person
11in order to make an informed choice as to whether to accept or refuse psychotropic
12medication
.
SB119-SSA1, s. 6 13Section 6. 971.14 (3) (dm) of the statutes is renumbered 971.14 (3) (dm) (intro.)
14and amended to read:
SB119-SSA1,5,2215 971.14 (3) (dm) (intro.) If sufficient information is available to the examiner to
16reach an opinion, the examiner's opinion on whether the defendant needs medication
17or treatment and whether the defendant is not competent to refuse medication or
18treatment for the defendant's mental condition. The defendant is not competent to
19refuse medication or treatment if, because of mental illness, developmental
20disability, alcoholism or drug dependence, the and after the advantages and
21disadvantages of and alternatives to accepting the particular medication or
22treatment have been explained to the defendant, one of the following is true:
SB119-SSA1,5,25 231. The defendant is incapable of expressing an understanding of the
24advantages and, disadvantages of accepting medication or treatment, and the
25alternatives to accepting the particular medication or treatment offered, after.
SB119-SSA1,6,4
12. The defendant is substantially incapable of applying an understanding of the
2advantages, disadvantages and alternatives have been explained to the defendant
3in order to make an informed choice as to whether to accept or refuse medication or
4treatment
.
SB119-SSA1, s. 7 5Section 7. 971.16 (3) of the statutes is renumbered 971.16 (3) (intro.) and
6amended to read:
SB119-SSA1,6,237 971.16 (3) (intro.) Not less than 10 days before trial, or at any other time that
8the court directs, any physician or psychologist appointed under sub. (2) shall file a
9report of his or her examination of the defendant with the judge, who shall cause
10copies to be transmitted to the district attorney and to counsel for the defendant. The
11contents of the report shall be confidential until the physician or psychologist has
12testified or at the completion of the trial. The report shall contain an opinion
13regarding the ability of the defendant to appreciate the wrongfulness of the
14defendant's conduct or to conform the defendant's conduct with the requirements of
15law at the time of the commission of the criminal offense charged and, if sufficient
16information is available to the physician or psychologist to reach an opinion, his or
17her opinion on whether the defendant needs medication or treatment and whether
18the defendant is not competent to refuse medication or treatment for the defendant's
19mental condition
. The defendant is not competent to refuse medication or treatment
20if, because of mental illness, developmental disability, alcoholism or drug
21dependence, the and after the advantages and disadvantages of and alternatives to
22accepting the particular medication or treatment have been explained to the
23defendant, one of the following is true:
SB119-SSA1,7,3
1(a) The defendant is incapable of expressing an understanding of the
2advantages and, disadvantages of accepting medication or treatment, and the
3alternatives to accepting the particular medication or treatment offered, after.
SB119-SSA1,7,7 4(b) The defendant is substantially incapable of applying an understanding of
5the advantages, disadvantages and alternatives have been explained to the
6defendant
in order to make an informed choice as to whether to accept or refuse
7medication or treatment
.
SB119-SSA1, s. 8 8Section 8. 975.06 (7) of the statutes is amended to read:
SB119-SSA1,8,139 975.06 (7) If the defendant is not subject to a court order determining the
10defendant to be not competent to refuse medication or treatment for the defendant's
11mental condition and if the facility to which the defendant is conveyed under sub. (2)
12determines that the defendant should be subject to such a court order, the facility
13may file with the court with notice to the counsel for the defendant, the defendant
14and the district attorney, a motion for a hearing, under the standard specified in s.
1551.61 (1) (g) 4., on whether the defendant is not competent to refuse medication or
16treatment. A report on which the motion is based shall accompany the motion and
17notice of motion and shall include a statement signed by a licensed physician that
18asserts that the defendant needs medication or treatment and that the defendant is
19not competent to refuse medication or treatment, based on an examination of the
20defendant by a licensed physician. Within 10 days after a motion is filed under this
21subsection, the court without a jury shall determine the defendant's competency to
22refuse medication or treatment for the defendant's mental condition. At the request
23of the defendant, the defendant's counsel or the district attorney, the hearing may
24be postponed, but in no case may the postponed hearing be held more than 20 days
25after a motion is filed under this subsection. If the district attorney, the defendant

1and defense counsel waive their respective opportunities to present other evidence
2on the issue, the court shall determine without a jury the defendant's competency to
3refuse medication or treatment on the basis of the report accompanying the motion.
4In the absence of these waivers, the court shall hold an evidentiary hearing on the
5issue. Upon consent of all parties and approval by the court for good cause shown,
6testimony may be received into the record of the hearing by telephone or live
7audiovisual means. If the state proves by evidence that is clear and convincing that
8the defendant is not competent to refuse medication or treatment, under the
9standard specified in s. 51.61 (1) (g) 4., the court shall make a determination and
10issue as part of the defendant's commitment order an order that the defendant is not
11competent to refuse medication or treatment for the defendant's mental condition
12and that whoever administers the medication or treatment to the defendant shall
13observe appropriate medical standards.
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