AB378,51,212
51.15
(4) (a) In counties having a population of 500,000 or more, the law
13enforcement officer or other person authorized to take a child into custody under ch.
1448 or to take a juvenile into custody under ch. 938 shall sign a statement of
15emergency detention which shall provide detailed specific information concerning
16the recent overt act, attempt or threat to act or omission on which the belief under
17sub. (1) is based and the names of the persons observing or reporting the recent overt
18act, attempt or threat to act or omission. The law enforcement officer or other person
19is not required to designate in the statement whether the subject individual is
20mentally ill, developmentally disabled or drug dependent, but shall allege that he or
21she has cause to believe that the individual evidences one or more of these conditions
22if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed.
1The law enforcement officer or other person shall deliver, or cause to be delivered,
2the statement to the detention facility upon the delivery of the individual to it.
Note: There is no conflict of substance.
AB378,52,47
51.15
(5) Detention procedure; other counties. In counties having a
8population of less than 500,000, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48
or to take a juvenile into custody
10under ch. 938 shall sign a statement of emergency detention which shall provide
11detailed specific information concerning the recent overt act, attempt or threat to act
12or omission on which the belief under sub. (1) is based and the names of persons
13observing or reporting the recent overt act, attempt or threat to act or omission. The
14law enforcement officer or other person is not required to designate in the statement
15whether the subject individual is mentally ill, developmentally disabled or drug
16dependent, but shall allege that he or she has cause to believe that the individual
17evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or
18mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention
19shall be filed by the officer or other person with the detention facility at the time of
20admission, and with the court immediately thereafter. The filing of the statement
21has the same effect as a petition for commitment under s. 51.20. When, upon the
22advice of the treatment staff, the director of a facility specified in sub. (2) determines
23that the grounds for detention no longer exist, he or she shall discharge the
1individual detained under this section. Unless a hearing is held under s. 51.20 (7)
2or 55.06 (11) (b), the subject individual may not be detained by the law enforcement
3officer or other person and the facility for more than a total of 72 hours, exclusive of
4Saturdays, Sundays and legal holidays.
AB378,53,27
51.15
(5) Detention procedure; other counties. In counties having a
8population of less than 500,000, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48
or to take a juvenile into custody
10under ch. 938 shall sign a statement of emergency detention which shall provide
11detailed specific information concerning the recent overt act, attempt or threat to act
12or omission on which the belief under sub. (1) is based and the names of persons
13observing or reporting the recent overt act, attempt or threat to act or omission. The
14law enforcement officer is not required to designate in the statement whether the
15subject individual is mentally ill, developmentally disabled or drug dependent, but
16shall allege that he or she has cause to believe that the individual evidences one or
17more of these conditions. The statement of emergency detention shall be filed by the
18officer or other person with the detention facility at the time of admission, and with
19the court immediately thereafter. The filing of the statement has the same effect as
20a petition for commitment under s. 51.20. When, upon the advice of the treatment
21staff, the director of a facility specified in sub. (2) determines that the grounds for
22detention no longer exist, he or she shall discharge the individual detained under
23this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject
1individual may not be detained by the law enforcement officer and the facility for
2more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.
AB378,53,145
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
6individuals as manifested by evidence of recent homicidal or other violent behavior,
7or by evidence that others are placed in reasonable fear of violent behavior and
8serious physical harm to them, as evidenced by a recent overt act, attempt or threat
9to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
10order under s. 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction
11under chs. 48 and 938 that the
child juvenile committed the act or acts alleged in the
12petition under s. 938.12 or 938.13 (12) may be used to prove that the
child juvenile 13exhibited recent homicidal or other violent behavior or committed a recent overt act,
14attempt or threat to do serious physical harm.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,54,1318
51.20
(7) (d) If the court determines after hearing that there is probable cause
19to believe that the subject individual is a fit subject for guardianship and protective
20placement or services, the court may, without further notice, appoint a temporary
21guardian for the subject individual and order temporary protective placement or
22services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
1petition had been made for guardianship and protective placement or services. If the
2court orders only temporary protective services for a subject individual under this
3paragraph, the individual shall be provided care only on an outpatient basis. The
4court may order psychotropic medication as a temporary protective service under
5this paragraph if it finds that there is probable cause to believe that the allegations
6under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse
7psychotropic medication and that the medication ordered will have therapeutic
8value and will not unreasonably impair the ability of the individual to prepare for
9and participate in subsequent legal proceedings. An individual is not competent to
10refuse psychotropic medication if, because of chronic mental illness, and after the
11advantages and disadvantages of and alternatives to accepting the particular
12psychotropic medication have been explained to the individual, one of the following
13is true:
AB378,54,1514
1. The individual is incapable of expressing an understanding of the
15advantages and disadvantages of accepting treatment and the alternatives.
AB378,54,1916
2. The individual is substantially incapable of applying an understanding of
17the advantages, disadvantages and alternatives to his or her chronic mental illness
18in order to make an informed choice as to whether to accept or refuse psychotropic
19medication.
Note: 1995 Wis. Act 292, section
22, repeals and recreates this provision effective
December 1, 2001, to return it to the way it read prior to the treatment by Act 292, section
21. Act 292, however, did not take into account the treatment of this provision by
1995
Wis. Act 268. This treatment returns the provision to its pre-Act 292 status, as affected
by Act 268, effective December 1, 2001. See also the next 2 sections of this bill.
AB378,55,74
51.20
(7) (d) 1. b. The individual is substantially incapable of applying an
5understanding of the advantages, disadvantages and alternatives to his or her
6chronic mental illness in order to make an informed choice as to whether to accept
7or refuse psychotropic medication.
AB378,55,11
82. A finding by the court that there is probable cause to believe that the subject
9individual meets the commitment standard under sub. (1) (a) 2. e. constitutes a
10finding that the individual is not competent to refuse medication or treatment under
11this paragraph.
Note: This provision was previously numbered s. 51.62 (1) (a) and was
inadvertently renumbered to s. 51.30 (1) (am) by
1995 Wisconsin Act 169. The intended
result was to renumber it to be s. 51.62 (1) (am).
AB378,55,1716
51.35
(3) (title)
Transfer of certain
children juveniles from juvenile
17correctional facilities and secured child caring institutions.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,56,95
51.437
(4m) (m) If the county board of supervisors establishes an integrated
6service program for children with severe disabilities under s. 59.53 (7), participate
7in an integrated service program for children with severe disabilities under s.
59.07
8(147) 59.53 (7), including entering into any written interagency agreements or
9contracts.
Note: There is no conflict of substance.
AB378,57,2016
51.437
(4rm) (a) A county department of developmental disabilities services
17shall authorize all care of any patient in a state, local or private facility under a
18contractual agreement between the county department of developmental disabilities
19services and the facility, unless the county department of developmental disabilities
20services governs the facility. The need for inpatient care shall be determined by the
21program director or designee in consultation with and upon the recommendation of
22a licensed physician trained in psychiatry and employed by the county department
1of developmental disabilities services or its contract agency prior to the admission
2of a patient to the facility except in the case of emergency services. In cases of
3emergency, a facility under contract with any county department of developmental
4disabilities services shall charge the county department of developmental
5disabilities services having jurisdiction in the county where the individual receiving
6care is found. The county department of developmental disabilities services shall
7reimburse the facility for the actual cost of all authorized care and services less
8applicable collections under s. 46.036, unless the department of health and family
9services determines that a charge is administratively infeasible, or unless the
10department of health and family services, after individual review, determines that
11the charge is not attributable to the cost of basic care and services. The exclusionary
12provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
13attributable to care and treatment of the client. County departments of
14developmental disabilities services may not reimburse any state institution or
15receive credit for collections for care received therein by nonresidents of this state,
16interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
17975.01, 1977 stats., or s. 975.02, 1977 stats.
, or s. 971.14, 971.17 or 975.06,
18admissions under s. 975.17, 1977 stats.,
or children placed in the guardianship of the
19department of health and family services under s. 48.427 or 48.43 or
juveniles under
20the supervision of the department of corrections under s. 938.183 (2) or 938.355.
Note: Inserts "juveniles" for consistency of references with language of ch. 938.
AB378,58,223
51.45
(11) (bm) If the person who appears to be incapacitated by alcohol under
24par. (b) is a minor, either a law enforcement officer or a person authorized to take a
1child into custody under ch. 48 or
to take a juvenile into custody under ch. 938 may
2take the minor into custody as provided in par. (b).
Note: Inserts reference to "juvenile" for consistency of references with language
of ch. 938.
Note: Corrects numbering consistent with current style.
AB378,58,187
59.05
(2) If two-fifths of the legal voters of any county, to be determined by the
8registration or poll lists of the last previous general election held in the county, the
9names of which voters shall appear on some one of the registration or poll lists of such
10election, present to the board a petition conforming to the requirements of s. 8.40
11asking
for a change of the county seat to some other place designated in the petition,
12the board shall submit the question of removal of the county seat to a vote of the
13qualified voters of the county. The election shall be held only on the day of the general
14election, notice of the election shall be given and the election shall be conducted as
15in the case of the election of officers on that day, and the votes shall be canvassed,
16certified and returned in the same manner as other votes at that election. The
17question to be submitted shall be "Shall the county seat of .... county be removed
18to ....
?".
Note: Inserts "for" to improve clarity and readability. Inserts a question mark for
correct punctuation. Deletes unnecessary word.
Note: There is no conflict of substance. This provision was renumbered s. 59.07
(1) by
1995 Wis. Act 201.
AB378, s. 163
1Section
163. 59.07 (97m) of the statutes, as created by
1995 Wisconsin Act
2279, is renumbered 59.53 (5m), and 59.53 (5m) (b) 2., as renumbered, is amended to
3read:
AB378,59,84
59.53
(5m) (b) 2. Cooperate with the department of health and family services
5with respect to the child and spousal support and establishment of paternity and
6medical liability support program under sub.
(97)
(5) and s.
46.25 49.22, and provide
7that department with any information from the record under subd. 1. that it requires
8to administer that program.
Note: 1995 Wis. Act 279 created s. 59.07 (97m) to follow s. 59.07 (97).
1995 Wis.
Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5). This renumbering carries out the
original intent of Act 279. The cross-references are amended to reflect renumbering by
Act 201 and
1995 Wis. Act 404.
Note: There is no conflict of substance. This provision is renumbered to s. 59.08
(6) by
1995 Wis. Act 201.
AB378,59,1814
59.08
(7) (a) When publication of the consolidation agreement in each of the
15counties included in the agreement is completed,
judges courts the judges of the
16circuit courts of those counties shall, by order entered of record in each of the
17counties, require the clerks of each of the counties to submit the question of the
18consolidation of the counties to a vote of the qualified electors of the counties.
AB378,60,113
59.08
(10) If a majority of the votes cast in each county upon the question of
4consolidation are in favor of the consolidation of the counties, the judge of the circuit
5courts for those counties court shall enter
the that fact of record in each county. If
6in any one of the counties less than a majority of the votes cast upon the question of
7consolidation are in favor of the proposed consolidation, the consolidation shall be
8declared to have failed for all purposes. If a majority of the votes cast upon the
9question of consolidation in any county are opposed to consolidation, the question of
10consolidation shall not be again submitted to the electors of
the that county for a
11period of 2 years.
AB378,60,1714
59.10
(2) (b)
Election; term. Supervisors shall be elected for 4-year terms
of 15at the election to be held on the first Tuesday in April next preceding the expiration
16of their respective terms, and shall take office on the 3rd Monday in April following
17their election.
Note: There is no conflict of substance. This provision was renumbered to s. 59.15
by
1995 Wis. Act 201.
AB378,61,83
59.20
(3) (b) If any officer described in
sub. (1) par. (a) neglects or refuses to
4comply with any of the provisions of this subsection, the officer shall forfeit $5 for
5each day that the noncompliance continues. Actions for the collection of a forfeiture
6under this
subsection paragraph may be brought upon the complaint of the district
7attorney of the proper county or of any party aggrieved by the officer's refusal or
8neglect.
AB378,61,1211
59.21
(1) (c) Sheriff, not less than
$5 $5,000 nor more than $25,000, with not
12less than 3 sureties.
Note: 1995 Wis. Acts 201 and
225 both replaced the word form of numbers with
digits in this provision. Act 201 inserted $5 to replace "five"; and Act 225 inserted $5,000
to replace "five" — "$5,000" was intended.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(2) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(3) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.22
(1) (a) 1. by
1995 Wis. Act 201.
AB378,62,18
659.24 Clerks of counties containing state institutions to make claims
7in certain cases. The clerk of any county which is entitled to reimbursement under
8s. 16.51 (7) shall make a certified claim against the state, without direction from the
9board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms
10prescribed by the department of administration. The forms shall contain
11information required by the clerk and shall be filed annually with the department
12of corrections on or before June 1. If the claims are approved by the department of
13corrections, they shall be certified to the department of administration and paid from
14the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of
15expenses involving a prisoner in a state prison named in s. 302.01, or from the
16appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses
17involving a
child juvenile in a secured correctional facility, as defined in s. 938.02
18(15m).
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,63,721
59.25
(3) (c) Pay all county orders described in
sub. (2) par. (b) in the order of
22time in which they are presented for payment; but where 2 or more are presented at
1the same time, give precedence to the order of the oldest date, but the treasurer shall
2receive of municipal treasurers all county orders issued in the county, which the
3town, city and village municipal treasurers may present in payment of county taxes,
4to the amount of the county taxes actually collected by
any municipal
the town, city
5or village treasurer in the year for which the orders are offered in payment, which
6amount shall be determined by the affidavit of the municipal
town, city and village 7treasurer.
Note: There is no conflict of substance.