SECTION 1532. 51.01 (14k) of the statutes is created to read:
51.01 (14k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).
SECTION 1533. 51.01 (14m) of the statutes is created to read:
51.01 (14m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).
SECTION 1534. 51.01 (14p) of the statutes is created to read:
51.01 (14p) "Secured group home" has the meaning given in s. 938.02 (15p).
SECTION 1535. 51.03 (1) of the statutes is renumbered 51.03 (1r).
SECTION 1536. 51.03 (1g) of the statutes is created to read:
51.03 (1g) In this section:
(a) "Early intervention" means action to hinder or alter a person's mental disorder or abuse of alcohol or other drugs in order to reduce the duration of early symptoms or to reduce the duration or severity of mental illness or alcohol or other drug abuse that may result.
(b) "Individualized service planning" means a process under which a person with mental illness or who abuses alcohol or other drugs and, if a child, his or her family, receives information, education and skills to enable the person to participate mutually and creatively with his or her mental health or alcohol or other drug abuse service provider in identifying his or her personal goals and developing his or her assessment, crisis protocol, treatment and treatment plan. "Individualized service planning" is tailored to the person and is based on his or her strengths, abilities and needs.
(c) "Prevention" means action to reduce the instance, delay the onset or lessen the severity of mental disorder, before the disorders may progress to mental illness, by reducing risk factors for, enhancing protections against and promptly treating early warning signs of mental disorder.
(d) "Recovery" means the process of a person's growth and improvement, despite a history of mental illness or alcohol or other drug abuse, in attitudes, feelings, values, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person's highest level of health, wellness, stability, self-determination and self-sufficiency.
(e) "Stigma" means disqualification from social acceptance, derogation, marginalization and ostracism encountered by persons with mental illness or persons who abuse alcohol or other drugs as the result of societal negative attitudes, feelings, perceptions, representations and acts of discrimination.
SECTION 1537. 51.03 (4) of the statutes is created to read:
51.03 (4) Within the limits of available state and federal funds, the department may do all of the following:
(a) Promote the creation of coalitions among the state, counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families and advocates for persons with mental illness and for alcoholic and drug dependent persons to develop, coordinate and provide a full range of resources to advance prevention; early intervention; treatment; recovery; safe and affordable housing; opportunities for education, employment and recreation; family and peer support; self-help; and the safety and well-being of communities.
(b) In cooperation with counties, providers of mental health and alcohol and other drug abuse services, consumers of the services, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons, develop and implement a comprehensive strategy to reduce stigma of and discrimination against persons with mental illness, alcoholics and drug dependent persons.
(c) Develop and implement a comprehensive strategy to involve counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons as equal participants in service system planning and delivery.
(d) Promote responsible stewardship of human and fiscal resources in the provision of mental health and alcohol and other drug abuse services.
(e) Develop and implement methods to identify and measure outcomes for consumers of mental health and alcohol and other drug abuse services.
(f) Promote access to appropriate mental health and alcohol and other drug abuse services regardless of a person's geographic location, age, degree of mental illness, alcoholism or drug dependency or availability of personal financial resources.
(g) Promote consumer decision making to enable persons with mental illness and alcohol or drug dependency to be more self-sufficient.
(h) Promote use by providers of mental health and alcohol and other drug abuse services of individualized service planning, under which the providers develop written individualized service plans that promote treatment and recovery, together with service consumers, families of service consumers who are children and advocates chosen by consumers.
SECTION 1538. 51.03 (5) of the statutes is created to read:
51.03 (5) The department shall ensure that providers of mental health and alcohol and other drug abuse services who use individualized service plans, as specified in sub. (4) (h), do all of the following in using a plan:
(a) Establish meaningful and measurable goals for the consumer.
(b) Base the plan on a comprehensive assessment of the consumer's strengths, abilities, needs and preferences.
(c) Keep the plan current.
(d) Modify the plan as necessary.
SECTION 1539. 51.05 (2) of the statutes is amended to read:
51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile secured correctional facility or, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.
SECTION 1540. 51.06 (1) (d) of the statutes is amended to read:
51.06 (1) (d) At the southern center for developmentally disabled, services Services for up to 10 36 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors and at the northern center for developmentally disabled, services for up to 12 such individuals.
SECTION 1541. 51.07 (3) of the statutes is amended to read:
51.07 (3) The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and those patients specified in sub. (4) (a) persons receiving services under contracts under s. 46.043. The full and actual cost less applicable collections of services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.
SECTION 1542. 51.07 (4) of the statutes is repealed.
SECTION 1543. 51.15 (1) (a) 5. c. of the statutes is repealed.
SECTION 1544. 51.15 (1) (c) 4. of the statutes is repealed.
SECTION 1545. 51.20 (1) (a) 2. e. of the statutes is amended to read:
51.20 (1) (a) 2. e. For an individual, other than an individual who is alleged to be drug dependent or developmentally disabled, after the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him or her and because of mental illness, evidences either incapability of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives, or substantial incapability of applying an understanding of the advantages, disadvantages and alternatives to his or her mental illness in order to make an informed choice as to whether to accept or refuse medication or treatment; and evidences a substantial probability, as demonstrated by both the individual's treatment history and his or her recent acts or omissions, that the individual needs care or treatment to prevent further disability or deterioration and a substantial probability that 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 individual'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 under this subd. 2. e. if reasonable provision for the individual's care or treatment is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or if the individual is appropriate for protective placement under s. 55.06. Food, shelter or other care that is provided to an individual who is substantially incapable of obtaining food, shelter or other care for himself or herself by any person other than a treatment facility does not constitute reasonable provision for the individual's care or treatment in the community under this subd. 2. e. The individual's status as a minor does not automatically establish a substantial probability of suffering severe mental, emotional or physical harm under this subd. 2.e. This subd. 2. e. does not apply after November 30, 2001.
SECTION 1546. 51.20 (1) (ad) 3. of the statutes is repealed.
SECTION 1547. 51.20 (10) (cm) 1. of the statutes is renumbered 51.20 (10) (cm) and amended to read:
51.20 (10) (cm) Prior to or at the final hearing, for individuals for whom a petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437 shall furnish to the court and the subject individual an initial recommended written treatment plan that contains the goals of treatment, the type of treatment to be provided and the expected providers. The treatment plan shall address the individual's needs for inpatient care, residential services, community support services, medication and its monitoring, case management, and other services to enable the person to live in the community upon release from an inpatient facility. The treatment plan shall contain information concerning the availability of the needed services and community treatment providers' acceptance of the individual into their programs. The treatment plan is only a recommendation and is not subject to approval or disapproval by the court. Failure to furnish a treatment plan under this subdivision paragraph does not constitute grounds for dismissal of the petition unless the failure is made in bad faith.
SECTION 1548. 51.20 (10) (cm) 2. of the statutes is repealed.
SECTION 1549. 51.20 (13) (g) 1. of the statutes is amended to read:
51.20 (13) (g) 1. Except as provided in subd. subds. 2., 2f. and 2g., the first order of commitment of a subject individual under this section may be for a period not to exceed 6 months, and all subsequent consecutive orders of commitment of the individual may be for a period not to exceed one year.
SECTION 1550. 51.20 (13) (g) 2d. c. of the statutes is repealed.
SECTION 1551. 51.20 (13) (g) 2f. of the statutes is created to read:
51.20 (13) (g) 2f. Any order of commitment of a subject individual under par. (a) 4., following proof of the allegations under sub. (1) (ar), may be for a period not to exceed one year.
SECTION 1552. 51.20 (13) (g) 2g. of the statutes is amended to read:
51.20 (13) (g) 2g. The total period a person may be committed pursuant to commitments ordered under par. (a) 4. or 4m., following proof of the allegations under sub. (1) (ar) or (av), may not exceed 180 days in any 365-day period.
SECTION 1553. 51.20 (13) (g) 2m. of the statutes is amended to read:
51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2., 2f. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or extended supervision, as determined under s. 302.11 or 302.113, whichever is applicable.
SECTION 1554. 51.20 (13) (g) 2r. of the statutes is amended to read:
51.20 (13) (g) 2r. Twenty-one days prior to expiration of the period of commitment under subd. 1., 2., 2f., 2g. or 2m., the department, if the individual is committed to the department, or the county department to which an individual is committed shall file an evaluation of the individual and the recommendation of the department or county department regarding the individual's recommitment with the committing court and provide a copy of the evaluation and recommendation to the individual's counsel and the counsel designated under sub. (4). If the date for filing an evaluation and recommendation under this subdivision falls on a Saturday, Sunday or legal holiday, the date which is not a Saturday, Sunday or legal holiday and which most closely precedes the evaluation and recommendation filing date shall be the filing date. A failure of the department or the county department to which an individual is committed to file an evaluation and recommendation under this subdivision does not affect the jurisdiction of the court over a petition for recommitment.
SECTION 1555. 51.35 (3) (title) of the statutes is amended to read:
51.35 (3) (title) TRANSFER OF CERTAIN JUVENILES FROM JUVENILE CORRECTIONAL SECURED JUVENILE FACILITIES AND SECURED CHILD CARING INSTITUTIONS.
SECTION 1556. 51.35 (3) (a) of the statutes is amended to read:
51.35 (3) (a) A licensed psychologist of a juvenile secured correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution secured correctional facility, secured child caring institution or secured group home is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.
SECTION 1557. 51.35 (3) (c) of the statutes is amended to read:
51.35 (3) (c) A licensed psychologist of a juvenile secured correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution secured correctional facility, secured child caring institution or secured group home, 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. 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 described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility or institution secured correctional facility, secured child caring institution or secured group home, 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 chs. 48 and 938 of the county where the secured correctional facility or, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).
SECTION 1558. 51.35 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
51.35 (3) (c) A licensed psychologist of a secured correctional facility or a secured child caring institution or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured correctional facility, secured child caring institution or secured group home, 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 secured correctional facility, secured child caring institution or secured group home, 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 secured correctional facility, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).
SECTION 1559. 51.35 (3) (e) of the statutes is amended to read:
51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile secured correctional facility or, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home 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. 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 custodian of the sending facility or institution secured correctional facility, secured child caring institution or secured group home 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 family services 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 facility or institution secured correctional facility, secured child caring institution or secured group home 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 individual may be released without the approval of the court which directed confinement in the secured correctional facility or, secured child caring institution or secured group home.
SECTION 1560. 51.35 (3) (e) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a secured correctional facility, a secured child caring institution or a secured group home 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 custodian of the sending secured correctional facility, secured child caring institution or secured group home 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 family services 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 secured correctional facility, secured child caring institution or secured group home 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 individual may be released without the approval of the court which directed confinement in the secured correctional facility, secured child caring institution or secured group home.
SECTION 1561. 51.35 (3) (g) of the statutes is amended to read:
51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile secured correctional facility or, secured child caring institution, as defined in s. 938.02 (15g) or secured group home. In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile secured correctional facility or, secured child caring institution or secured group home within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.
SECTION 1562. 51.42 (3) (ar) 17. of the statutes is created to read:
51.42 (3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department of health and family services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.
SECTION 1563. 51.42 (3) (ar) 18. of the statutes is created to read:
51.42 (3) (ar) 18. If authorized under s. 46.284 (1) (a) 1., apply to the department of health and family services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.
SECTION 1564. 51.42 (3) (as) 3. of the statutes is amended to read:
51.42 (3) (as) 3. Care, services and supplies provided after December 31, 1973, to any person who, on December 31, 1973, was in or under the supervision of a mental health institute, or was receiving mental health services in a facility authorized by s. 51.08 or 51.09, but was not admitted to a mental health institute by the department of health and family services, shall be charged to the county department of community programs which was responsible for such care and services at the place where the patient resided when admitted to the institution. The department of health and family services shall may bill county departments of community programs for care provided at the mental health institutes at rates which reflects the estimated per diem cost of specific levels of care, to be adjusted periodically by the department of health and family services sets on a flexible basis, except that this flexible rate structure shall cover the cost of operations of the mental health institutes.
SECTION 1565. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c) (cr) or 980.08 (5) (d). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.
SECTION 1566. 51.42 (3) (e) of the statutes is amended to read:
51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or family care district, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.
SECTION 1567. 51.423 (1) of the statutes is amended to read:
51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.
SECTION 1568. 51.423 (2) of the statutes is amended to read:
51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
****NOTE: This is reconciled s. 51.423 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0271/3 and LRB-0275/4.
SECTION 1569. 51.423 (2m) of the statutes is created to read:
51.423 (2m) The department shall pay any performance-based distribution under s. 46.40 (2) earned by a county department under s. 46.23, 51.42 or 51.437 by December 31 of the year after the year in which the performance-based distribution was earned. The county department may expend that distribution for any purpose specified in s. 20.435 (7) (b).
SECTION 1570. 51.437 (4m) (n) of the statutes is created to read:
51.437 (4m) (n) If authorized under s. 46.283 (1) (a) 1., apply to the department of health and family services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.
SECTION 1571. 51.437 (4m) (p) of the statutes is created to read:
