LRB-2914/2
DAK:skg:jlb
1995 - 1996 LEGISLATURE
July 12, 1995 - Introduced by Senators Rosenzweig, Panzer, Rude, Buettner,
Darling, Farrow
and Huelsman, cosponsored by Representatives Bock,
Prosser, Meyer, Schneiders, Krug, Foti, Vrakas, Riley, Goetsch, Urban, La
Fave, Duff, Ziegelbauer, Hahn, Owens
and Klusman. Referred to Committee
on Health, Human Services and Aging.
SB270,1,13 1An Act to amend 51.10 (4), 51.10 (5) (c), 51.15 (1) (a) (intro.), 51.15 (1) (b) (intro.),
251.15 (1) (b) 2., 51.15 (2) (intro.), 51.15 (4), 51.15 (5), 51.20 (1) (a) 1., 51.20 (1)
3(am), 51.20 (7) (d), 51.20 (13) (dm), 51.35 (2), 51.35 (3) (c) and (e), 51.37 (5) (a)
4and (b) and 51.61 (1) (g) 3.; to repeal and recreate 51.15 (1) (a) (intro.), 51.15
5(4) (a), 51.15 (5), 51.20 (1) (a) 1., 51.20 (1) (am), 51.20 (7) (d), 51.20 (13) (dm),
651.35 (3) (c) and (e), 51.37 (5) (b) and 51.61 (1) (g) 3.; and to create 51.03 (3),
751.15 (1) (a) 5., 51.15 (1) (c), 51.20 (1) (a) 2. e., 51.20 (1) (ad), 51.20 (13) (g) 2d.,
851.61 (1) (g) 3m. and 165.017 of the statutes; relating to: creating a new
9standard of dangerousness for involuntary civil commitments and emergency
10detentions, requiring review by the attorney general or his or her designee of
11certain proposed emergency detentions, emergency detentions, proposed
12involuntary civil commitments and involuntary civil commitments and
13requiring preparation and submittal of certain reports.
Analysis by the Legislative Reference Bureau
Under current law, a person who is believed to be mentally ill, drug dependent
or developmentally disabled and who evidences certain acts, omissions or other
behavior that indicates that he or she satisfies at least one of 4 standards of
dangerousness may be: 1) detained on an emergency basis by a law enforcement
officer or, if a minor, by a person authorized to take a child into custody under the

children's code; 2) transported to, detained at and treated in a treatment facility, from
which the person may be released if the facility director determines that grounds for
detention do not exist; and 3) within 72 hours after detention in the facility, if a
petition is filed with a court alleging that the person meets a standard for
involuntary civil commitment, given a hearing to determine if there is probable cause
to believe the allegations of the petition. (Emergency detention is not, however,
required in order to bring a petition for involuntary commitment of a person; if 3
others sign a petition for commitment, the person is given the probable cause
hearing.) If the court finds probable cause, a final hearing on commitment must be
held within 30 days. A person who is found at the final hearing to be mentally ill,
drug dependent or developmentally disabled, to be a proper subject for treatment
and, again, to satisfy at least one of the 4 standards of dangerousness may be
involuntarily committed to the care and custody of a county department of
community programs or developmental disabilities services for appropriate
treatment. In general, the first final order of commitment is for a period of up to 6
months and all subsequent orders of commitment are for a period of up to one year,
although other commitment periods exist for inmates of a state prison, county jail or
house of correction. The 4 "dangerousness" standards, at least one of which the
person must evidence, are as follows:
1. A substantial probability of physical harm to the person, as shown by certain
recent threats of or attempts at suicide or serious bodily harm.
2. A substantial probability of physical harm to other individuals, as shown by
recent homicidal or other violent behavior, or evidence that others are in fear of the
person's violent behavior or serious physical harm, as shown by a certain act, attempt
or threat.
3. Such impaired judgment, shown by evidence of a pattern of the person's
recent acts or omissions, that there is a substantial probability of physical
impairment or injury to the person.
4. Behavior, as shown by the person's recent acts or omissions, that, due to
mental illness, the person is unable to satisfy his or her basic needs and there is a
substantial probability of the person's imminent death, serious physical injury,
debilitation or disease unless treatment is received.
The 3rd and 4th standards of dangerousness do not apply to persons who are
found to be appropriate for protective placement and no substantial probability of
harm exists under these 2 standards if treatment and protection by a treatment
facility are available for the person in the community and there is a reasonable
probability that the person will avail himself or herself of these services.
For the period beginning 6 months after publication of this bill as an act and
ending 5 years later, this bill creates a 5th involuntary commitment standard that
requires a finding of dangerousness. Under this standard, a person may be
involuntarily committed if he or she evidences all of the following:
1. Incapability of expressing an understanding of the advantages and
disadvantages of accepting medication or treatment and of the alternatives to the
particular medication or treatment offered, after the advantages, disadvantages and
alternatives have been explained to the person. (This standard is identical to the

standard in current law for a finding that a person is not competent to refuse
medication or treatment.)
2. A substantial probability, as demonstrated by both the person's treatment
history and his or her recent acts or omissions, of all of the following:
a. The person needs care or treatment to prevent further disability or
deterioration.
b. He or she will, if left untreated, lack services necessary for his or her health
or safety and suffer severe mental, emotional or physical harm that will result in the
loss of the person's ability to function independently in the community or the loss of
cognitive or volitional control over his or her thoughts or actions. The probability of
suffering severe mental, emotional or physical harm is not substantial if reasonable
provision for the person's care or treatment is available in the community and there
is a reasonable probability that the person will avail himself or herself of these
services or if the person is appropriate for protective placement.
The bill requires that the attorney general or his or her designee review and
approve, prior to filing or within 12 hours after filing, a petition for involuntary
commitment that is based on the standard created in the bill. If the attorney general
or designee disapproves or fails to act with respect to the proposed petition, the
petition may not be filed. If the attorney general or designee disapproves or fails to
act with respect to the filed petition, the individual, if detained under the petition,
must be released and the petition is void.
A person need not meet this standard in order to be voluntarily admitted to an
inpatient mental health facility. The bill limits to 30 days the inpatient treatment
of persons who are involuntarily committed under the new standard; if, however, the
person is subsequently treated on an outpatient basis and he or she violates a
condition of treatment that is established by the court or the county department of
community programs, he or she may be transferred to an inpatient facility or to the
inpatient treatment program of a treatment facility for up to an additional 30 days.
Medication and treatment may be administered without the consent of the person
if, at or after the hearing to determine probable cause for commitment, the court
finds that there is probable cause to believe that the person meets the standard.
Under this bill, this finding and the finding that the standard is met at the final
hearing for commitment constitute findings that the individual is not competent to
refuse medication or treatment. After the final commitment order is issued for the
person, the court is required to issue an order permitting administration of
medication or treatment without the person's consent.
The bill also creates a new standard for emergency detention of persons that is
identical to the standard created for involuntary commitment, for the period
beginning 6 months after publication of this bill as an act and ending 5 years later.
Under this standard, a law enforcement officer or, for a minor, a person authorized
to take a child into custody under the children's code could take a person into custody
if the officer or authorized person has cause to believe that the person meets the
involuntary commitment standard created in this bill. Prior to or within 12 hours
after taking the person into custody, the attorney general or his or her designee must
review and approve or disapprove the proposed emergency detention or emergency

detention. If the attorney general or designee disapproves or fails to act with respect
to the proposed emergency detention, it may not be made on the basis of the standard
created in the bill. If the attorney general or designee disapproves or fails to act with
respect to the actual emergency detention, the person must be released. The person
who is initially detained on an emergency basis has the right to refuse medication
or treatment.
Lastly, the bill requires that the department of health and social services
(DHSS) collect and analyze certain information on the commitments initiated or
ordered, the costs of the commitments, voluntary admissions, and adjudications of
incompetency that result in appointments of guardians, and other information.
DHSS must report this information to the legislature at specified times over a period
of 3.5 years. In addition, DHSS must prepare a report concerning the number of
developmentally disabled patients, children and inmates of prisons, jails and other
criminal detention facilities who are transferred to a state treatment facility.
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:
SB270, s. 1 1Section 1. 51.03 (3) of the statutes is created to read:
SB270,4,42 51.03 (3) (a) Beginning on the effective date of this paragraph .... [revisor
3inserts date], the department shall collect and analyze information in this state on
4each of the following:
SB270,4,65 1. The number of commitments initiated under s. 51.10 (5) (c), 51.15 or 51.20
6(1).
SB270,4,77 2. The number of commitments ordered under s. 51.20 (13).
SB270,4,108 3. The number of, cost of and paying sources for days of inpatient mental health
9treatment that result from the commitments initiated under subd. 1. or ordered
10under subd. 2.
SB270,4,1311 4. The number of voluntary hospital admissions approved under s. 51.10 (1) or
1251.13 (1) and the number of, cost of and paying sources for days of inpatient mental
13health treatment that result from the admissions.
SB270,5,3
15. The number of persons who are receiving care and treatment under
2community support programs voluntarily or under commitments ordered under s.
351.20 (13).
SB270,5,54 6. The number of persons for whom guardians are appointed under s. 880.33
5(4m).
SB270,5,86 7. The amount of court costs that are incurred because of emergency detentions
7for which statements are filed under s. 51.15 (4) or (5) or because of petitions filed
8under s. 51.20 (1).
SB270,5,129 (b) By the first day of the 7th month beginning after the effective date of this
10paragraph .... [revisor inserts date], and annually by that date for 3 years thereafter,
11the department shall submit a report to the legislature under s. 13.172 (2) on the
12information collected under par. (a).
SB270, s. 2 13Section 2. 51.10 (4) of the statutes is amended to read:
SB270,5,2014 51.10 (4) The criteria for voluntary admission to an inpatient treatment facility
15shall be based on an evaluation that the applicant is mentally ill or developmentally
16disabled, or is an alcoholic or drug dependent and that the person has the potential
17to benefit from inpatient care, treatment or therapy. An applicant is not required to
18meet standards a standard of dangerousness as established in under s. 51.20 (1) (a)
192. to be eligible for the benefits of voluntary treatment programs. An applicant may
20be admitted for the purpose of making a diagnostic evaluation.
SB270, s. 3 21Section 3. 51.10 (5) (c) of the statutes is amended to read:
SB270,6,1022 51.10 (5) (c) Any patient or resident voluntarily admitted to an inpatient
23treatment facility shall be discharged on request, unless the treatment director or
24the treatment director's designee has reason to believe that the patient or resident
25is dangerous in accordance with the standards provided a standard under s. 51.20

1(1) (a) 2. or (am) and files a statement of emergency detention under s. 51.15 with the
2court by the end of the next day in which the court transacts business. The patient
3or resident shall be notified immediately when such a statement is to be filed. Prior
4to the filing of a statement, the patient or resident may be detained only long enough
5for the staff of the facility to evaluate the individual's condition and to file the
6statement of emergency detention. This time period may not exceed the end of the
7next day in which the court transacts business. Once a statement is filed, a patient
8or resident may be detained as provided in s. 51.15 (1). The probable cause hearing
9required under s. 51.20 (7) shall be held within 72 hours after the request for
10discharge, excluding Saturdays, Sundays and legal holidays.
SB270, s. 4 11Section 4. 51.15 (1) (a) (intro.) of the statutes is amended to read:
SB270,6,1612 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to
13take a child into custody under ch. 48 may take an individual into custody if the
14officer or person has cause to believe that such individual is mentally ill, or, except
15as provided in subd. 5., is
drug dependent or developmentally disabled, and that the
16individual evidences any of the following:
SB270, s. 5 17Section 5. 51.15 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin
18Act .... (this act), is repealed and recreated to read:
SB270,6,2319 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to
20take a child into custody under ch. 48 may take an individual into custody if the
21officer or person has cause to believe that such individual is mentally ill, drug
22dependent or developmentally disabled, and that the individual evidences any of the
23following:
SB270, s. 6 24Section 6. 51.15 (1) (a) 5. of the statutes is created to read:
SB270,7,2
151.15 (1) (a) 5. For an individual who is believed to be mentally ill, all of the
2following:
SB270,7,63 a. Incapability of expressing an understanding of the advantages and
4disadvantages of accepting medication or treatment and of the alternatives to the
5particular medication or treatment offered, after the advantages, disadvantages and
6alternatives have been explained to the individual.
SB270,7,247 b. A substantial probability, as demonstrated by both the individual's
8treatment history and his or her recent acts or omissions, that the individual needs
9care or treatment to prevent further disability or deterioration and a substantial
10probability that he or she will, if left untreated, lack services necessary for his or her
11health or safety and suffers severe mental, emotional or physical harm that will
12result in the loss of the individual's ability to function independently in the
13community or the loss of cognitive or volitional control over his or her thoughts or
14actions. The probability of suffering severe mental, emotional or physical harm is
15not substantial under this subd. 5. b. if reasonable provision for the individual's care
16or treatment is available in the community and there is a reasonable probability that
17the individual will avail himself or herself of these services or if the individual is
18appropriate for protective placement under s. 55.06. Food, shelter or other care that
19is provided to an individual who is substantially incapable of obtaining food, shelter
20or other care for himself or herself by any person other than a treatment facility does
21not constitute provision for the individual's care or treatment in the community
22reasonable under this subd. 5. b. The individual's status as a minor does not
23automatically establish a substantial probability of suffering severe mental,
24emotional or physical harm under this subd. 5. b.
SB270,8,2
1c. This subdivision does not apply after the last day of the 59th month
2commencing after the effective date of this subdivision .... [revisor inserts date].
SB270, s. 7 3Section 7. 51.15 (1) (b) (intro.) of the statutes is amended to read:
SB270,8,54 51.15 (1) (b) (intro.) The officer's or other person's belief shall be based on any
5of the following:
SB270, s. 8 6Section 8. 51.15 (1) (b) 2. of the statutes is amended to read:
SB270,8,107 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission
8by the individual which is reliably reported to the officer or person by any other
9person, including any probation and parole agent authorized by the department of
10corrections
to exercise control and supervision over a probationer or parolee.
SB270, s. 9 11Section 9. 51.15 (1) (c) of the statutes is created to read:
SB270,8,1512 51.15 (1) (c) 1. If proposed detention or detention of an individual under par.
13(a) is based on par. (a) 5., the proposed detention or detention shall be reviewed and
14approved or disapproved by the attorney general or by his or her designee prior to
15or within 12 hours after the detention.
SB270,8,1916 2. If the attorney general or his or her designee disapproves or fails to act with
17respect to a proposed detention under subd. 1., the individual may not be detained
18based on par. (a) 5. If the attorney general or his or her designee disapproves or fails
19to act with respect to a detention under subd. 1., the individual shall be released.
SB270,8,2320 3. Subdivisions 1. and 2. do not apply if the attorney general makes a finding
21that a court of competent jurisdiction in this state, in a case in which the
22constitutionality of par. (a) 5. or of s. 51.20 (1) (a) 2. e. has been challenged, has upheld
23the constitutionality of par. (a) 5. or s. 51.20 (1) (a) 2. e.
SB270,8,2524 4. This paragraph does not apply after the last day of the 59th month
25commencing after the effective date of this paragraph .... [revisor inserts date].
SB270, s. 10
1Section 10. 51.15 (2) (intro.) of the statutes is amended to read:
SB270,9,52 51.15 (2) Facilities for detention. (intro.) The law enforcement officer or
3other person authorized to take a child into custody under ch. 48
shall transport the
4individual, or cause him or her to be transported, for detention and for treatment if
5permitted under sub. (8) to any of the following facilities:
SB270, s. 11 6Section 11. 51.15 (4) of the statutes is amended to read:
SB270,9,197 51.15 (4) Detention procedure; Milwaukee county. (a) In counties having a
8population of 500,000 or more, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48
shall sign a statement of
10emergency detention which shall provide detailed specific information concerning
11the recent overt act, attempt or threat to act or omission on which the belief under
12sub. (1) is based and the names of the persons observing or reporting the recent overt
13act, attempt or threat to act or omission. The law enforcement officer or other person
14is not required to designate in the statement whether the subject individual is
15mentally ill, developmentally disabled or drug dependent, but shall allege that he or
16she has cause to believe that the individual evidences one or more of these conditions
17if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed.
18The law enforcement officer or other person shall deliver, or cause to be delivered,
19the statement to the detention facility upon the delivery of the individual to it.
SB270,9,2520 (b) Upon delivery of the individual, the treatment director of the facility, or his
21or her designee, shall determine within 24 hours whether the individual shall be
22detained, or shall be detained and treated, if treatment is permitted under sub. (8),
23and shall either release the individual or detain him or her for a period not to exceed
2472 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal
25holidays. If the treatment director, or his or her designee, determines that the

1individual is not eligible for commitment under s. 51.20 (1) (a), the treatment director
2shall release the individual immediately, unless otherwise authorized by law. If the
3individual is detained, the treatment director or his or her designee may supplement
4in writing the statement filed by the law enforcement officer or other person, and
5shall designate whether the subject individual is believed to be mentally ill,
6developmentally disabled or drug dependent, if no designation was made by the law
7enforcement officer or other person. The director or designee may also include other
8specific information concerning his or her belief that the individual meets the
9standard for commitment. The treatment director or designee shall then promptly
10file the original statement together with any supplemental statement and
11notification of detention with the court having probate jurisdiction in the county in
12which the individual was taken into custody. The filing of the statement and
13notification has the same effect as a petition for commitment under s. 51.20.
SB270, s. 12 14Section 12. 51.15 (4) (a) of the statutes, as affected by 1995 Wisconsin Act ....
15(this act), is repealed and recreated to read:
SB270,11,216 51.15 (4) (a) In counties having a population of 500,000 or more, the law
17enforcement officer or other person authorized to take a child into custody under ch.
1848 shall sign a statement of emergency detention which shall provide detailed
19specific information concerning the recent overt act, attempt or threat to act or
20omission on which the belief under sub. (1) is based and the names of the persons
21observing or reporting the recent overt act, attempt or threat to act or omission. The
22law enforcement officer is not required to designate in the statement whether the
23subject individual is mentally ill, developmentally disabled or drug dependent, but
24shall allege that he or she has cause to believe that the individual evidences one or
25more of these conditions. The law enforcement officer or other person shall deliver,

1or cause to be delivered, the statement to the detention facility upon the delivery of
2the individual to it.
SB270, s. 13 3Section 13. 51.15 (5) of the statutes is amended to read:
SB270,11,234 51.15 (5) Detention procedure; other counties. In counties having a
5population of less than 500,000, the law enforcement officer or other person
6authorized to take a child into custody under ch. 48
shall sign a statement of
7emergency detention which shall provide detailed specific information concerning
8the recent overt act, attempt or threat to act or omission on which the belief under
9sub. (1) is based and the names of persons observing or reporting the recent overt act,
10attempt or threat to act or omission. The law enforcement officer or other person is
11not required to designate in the statement whether the subject individual is mentally
12ill, developmentally disabled or drug dependent, but shall allege that he or she has
13cause to believe that the individual evidences one or more of these conditions if sub.
14(1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed
. The
15statement of emergency detention shall be filed by the officer or other person with
16the detention facility at the time of admission, and with the court immediately
17thereafter. The filing of the statement has the same effect as a petition for
18commitment under s. 51.20. When, upon the advice of the treatment staff, the
19director of a facility specified in sub. (2) determines that the grounds for detention
20no longer exist, he or she shall discharge the individual detained under this section.
21Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may
22not be detained by the law enforcement officer or other person and the facility for
23more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.
SB270, s. 14 24Section 14. 51.15 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this
25act), is repealed and recreated to read:
SB270,12,19
151.15 (5) Detention procedure; other counties. In counties having a
2population of less than 500,000, the law enforcement officer or other person
3authorized to take a child into custody under ch. 48 shall sign a statement of
4emergency detention which shall provide detailed specific information concerning
5the recent overt act, attempt or threat to act or omission on which the belief under
6sub. (1) is based and the names of persons observing or reporting the recent overt act,
7attempt or threat to act or omission. The law enforcement officer is not required to
8designate in the statement whether the subject individual is mentally ill,
9developmentally disabled or drug dependent, but shall allege that he or she has
10cause to believe that the individual evidences one or more of these conditions. The
11statement of emergency detention shall be filed by the officer or other person with
12the detention facility at the time of admission, and with the court immediately
13thereafter. The filing of the statement has the same effect as a petition for
14commitment under s. 51.20. When, upon the advice of the treatment staff, the
15director of a facility specified in sub. (2) determines that the grounds for detention
16no longer exist, he or she shall discharge the individual detained under this section.
17Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may
18not be detained by the law enforcement officer and the facility for more than a total
19of 72 hours, exclusive of Saturdays, Sundays and legal holidays.
SB270, s. 15 20Section 15. 51.20 (1) (a) 1. of the statutes is amended to read:
SB270,12,2321 51.20 (1) (a) 1. The individual is mentally ill or, except as provided under subd.
222. e.
, drug dependent, or developmentally disabled and is a proper subject for
23treatment.
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