SB270: Bill Text

SB270,20,24 51.35 (2) Transfer of certain developmentally disabled patients. The department may authorize a transfer of a patient from a center for the developmentally disabled to a state treatment facility if such the patient is mentally ill and exhibits conduct which constitutes a danger as defined described in s. 51.20 (1) (a) 2. to himself or herself or to others in the treatment facility where he or she is present. The department shall file a statement of emergency detention with the committing court within 24 hours after receiving such the person for emergency detention. The statement shall conform to the requirements specified in s. 51.15 (4).

SB270, s. 27 Section 27. 51.35 (3) (c) and (e) of the statutes are amended to read:

SB270,21,12 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility is, in his or her opinion, is mentally ill, drug dependent or developmentally disabled, and is dangerous as defined described in s. 51.20 (1) (a) 2., a., b., c. or d., is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as defined described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 of the county where the correctional facility is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

SB270,22,5 (e) The department may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.

SB270, s. 28 Section 28. 51.35 (3) (c) and (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), are repealed and recreated to read:

SB270,22,18 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 of the county where the correctional facility is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

SB270,23,10 (e) The department may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.

SB270, s. 29 Section 29. 51.37 (5) (a) and (b) of the statutes are amended to read:

SB270,24,2 51.37 (5) (a) When a licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as provided described in s. 51.20 (1), or is an alcoholic and is dangerous as provided described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health and social services consents. If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the individual's sentence.

SB270,24,21 (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.

SB270, s. 30 Section 30. 51.37 (5) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB270,25,16 51.37 (5) (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. of physical harm to himself or herself or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.

SB270, s. 31 Section 31. 51.61 (1) (g) 3. of the statutes is amended to read:

SB270,26,11 51.61 (1) (g) 3. Following a final commitment order for a subject individual who is determined to meet the commitment standards under s. 51.20 (1) (a) 1. a., b., c. or d., have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.

SB270, s. 32 Section 32. 51.61 (1) (g) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB270,27,5 51.61 (1) (g) 3. Following a final commitment order, have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.

SB270, s. 33 Section 33. 51.61 (1) (g) 3m. of the statutes is created to read:

SB270,27,12 51.61 (1) (g) 3m. Following a final commitment order for a subject individual who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. This subdivision does not apply after the last day of the 59th month commencing after the effective date of this subdivision .... [revisor inserts date].

SB270, s. 34 Section 34. 165.017 of the statutes is created to read:

SB270,27,17 165.017 Review of certain detentions or petitions for commitment. (1) The attorney general or his or her designee shall review and approve or disapprove all proposed emergency detentions or emergency detentions of individuals as specified under s. 51.15 (1) (c) 1.

SB270,27,20 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.

SB270,27,24 (3) Subsection (1) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.15 (1) (a) 5. or of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.15 (1) (a) 5. or s. 51.20 (1) (a) 2. e.

SB270,28,4 (4) Subsection (2) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.20 (1) (a) 2. e.

SB270,28,6 (5) This section does not apply after the last day of the 59th month commencing after the effective date of this subsection .... [revisor inserts date].

SB270, s. 35 Section 35. Nonstatutory provisions.

SB270,28,13 (1)  The department of health and social services shall prepare a report summarizing the number of individuals transferred to a state treatment facility under sections 51.35 (2) and (3) (e) and 51.37 (5) (b) of the statutes, and submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes by the first day of the 28th month beginning after the effective date of this subsection.

SB270, s. 36 Section 36. Initial applicability.

SB270,28,20 (1)  This act first applies to the taking of a child or adult into custody under section 51.15 (1) of the statutes on the effective date of this subsection, to proceedings in which a petition is filed under section 51.20 (1) of the statutes on the effective date of this subsection and to proceedings in which an application for extension of a commitment has been made under section 51.20 (13) (g) 3. of the statutes on the effective date of this subsection.

SB270, s. 37 Section 37. Effective dates. This act takes effect on the day after publication, except as follows:

SB270,29,2 (1)  The repeal and recreation of sections 51.15 (1) (a) (intro.), (4) (a) and (5), 51.20 (1) (a) 1. and (am), (7) (d) and (13) (dm), 51.35 (3) (c) and (e), 51.37 (5) (b) and 51.61 (1) (g) 3. of the statutes takes effect on the first day of the 67th month beginning after publication.

SB270,29,4 (2)  The treatment of section 51.03 (3) of the statutes takes effect on the first day of the 4th month beginning after publication.

SB270,29,5 (End)