AB809: Bill Text

AB809,11,4 (f) The use of physical restraint for security reasons during transport to or from the facility in which the person has been detained or placed.

AB809,11,7 (3) Rights of detained and committed persons. The policies relating to treatment and conduct that are established and implemented under sub. (2) shall provide the following rights to a person to whom the policies apply:

AB809,11,12 (a) The right not to be subjected, without the person's informed written consent, to drastic treatment procedures, such as psychosurgery or electroconvulsive therapy, or experimental treatment or research that involves the use of any drug, ingested substance, surgical procedure or other drastic or extreme behavior modification techniques.

AB809,11,14 (b) The right to be informed of any experimental treatment or research that will be used, or that is being considered for use, to treat the person.

AB809,11,16 (c) The right to refuse psychotropic medication except in an emergency situation or as ordered under sub. (5).

AB809,11,21 (d) The right to reasonable privacy in toileting and bathing, subject to reasonable measures, including video and audio monitoring and collecting specimens for urinalysis, that are related to the protection of the person from harm, to the protection of other persons from harm, to treatment needs or to other security or management needs of the facility or unit.

AB809,12,2 (4) Competency generally. (a) No person is deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or motor vehicle operator's licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of his or her detention under s. 980.04 (1) or commitment under s. 980.06.

AB809,12,7 (b) Notwithstanding par. (a), the policies relating to treatment and conduct that are established and implemented under sub. (2) may limit the exercise of a civil right by a person who has been detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care or may require the person to obtain the department's approval before exercise of a civil right, if both of the following apply:

AB809,12,10 1. The limitation or requirement for the department's approval is reasonably related to the person's treatment needs, to the security or management needs of the facility or to the safety of others.

AB809,12,12 2. The limitation or requirement for the department's approval is not for the purpose of punishment.

AB809,12,25 (5) Competency to refuse psychotropic medication. (a) If a person detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care is not subject to a court order determining the person to be not competent to refuse psychotropic medication for the defendant's mental condition and if the facility at which the person has been detained or placed determines that the defendant should be subject to such a court order, the department may file with the court, with notice to the person and, if applicable, the person's attorney, a motion for a hearing under the standard specified in s. 51.61 (1) (g) 4., on whether the person is not competent to refuse psychotropic medication. A report 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 defendant needs psychotropic medication and that the person is not competent to refuse psychotropic medication, based on an examination of the person by a licensed physician.

AB809,13,11 (b) Within 10 days after a motion is filed under par. (a), the court, without a jury, shall determine the person's competency to refuse psychotropic medication. At the request of the person or the person's counsel, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this subsection. If the person and the person's counsel waive the opportunity to present other evidence on the issue, the court shall determine the person's competency to refuse psychotropic medication on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon consent of all parties and approval by the court for good cause shown, testimony may be received into the record of the hearing by telephone or live audiovisual means.

AB809,13,18 (c) If, at a hearing under par. (b), the department proves by evidence that is clear and convincing that the person is not competent to refuse psychotropic medication under the standard specified in s. 51.61 (1) (g) 4., the court shall make a determination and issue as part of the detention order under s. 980.04 (1) or the commitment order under s. 980.06, whichever is applicable, an order that the person is not competent to refuse psychotropic medication and that whoever administers the medication to the person shall observe appropriate medical standards.

AB809,14,2 (6) Grievance system. The department shall establish a system by which a person detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care may file a grievance concerning a policy established under sub. (2) or an action taken toward the person under those policies. The grievance system shall have written policies and procedures regarding the uses and operation of the grievance system and may provide for an informal process for resolving grievances, a formal process for resolving grievances in cases in which the informal process fails to resolve grievances, and a process to appeal to the director of the unit or facility a decision made as part of any formal process for resolving grievances.

AB809,14,9 (7) Notice of policies and grievance system. A person detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care shall, upon admission to the facility at which he or she is detained or placed, be informed orally and in writing of the policies established under sub. (2) and the grievance system established under sub. (6). Copies of the policies relating to conduct shall be posted conspicuously in areas of the facility that are regularly accessible to persons detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care.

AB809,14,14 (8) Applicability. A person detained under s. 980.04 (1) or committed under s. 980.06 and placed in institutional care is subject to the policies established under sub. (2) and is not subject to s. 51.61, 1997 stats., regardless of whether the detention order or commitment order was issued before, on or after the effective date of this subsection .... [revisor inserts date].

AB809,14,16 (9) Rules. The department may promulgate rules establishing guidelines for the exercise of discretion under this section.

AB809, s. 10 Section 10. 980.08 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB809,14,25 980.08 (1) Any person who is committed under s. 980.06 and placed in institutional care may petition the committing court to modify its the commitment order by authorizing placement on supervised release if at least 18 months have elapsed since the initial commitment order was entered or at least 6 months have elapsed since the most recent release petition was denied or the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person's behalf at any time.

AB809, s. 11 Section 11. 980.08 (6m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB809,16,7 980.08 (6m) An order for supervised release places the person in the custody and control of the department. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the plan for supervised release approved by the court under sub. (5). A person on supervised release is subject to the conditions set by the court and to the rules of the department. Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified. If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 72 hours after the detention, excluding Saturdays, Sundays and legal holidays. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed again in an appropriate institution institutional care until the person is discharged from the commitment under s. 980.09 or until again placed on supervised release under this section.

AB809, s. 12 Section 12. 980.09 (1) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB809,16,15 980.09 (1) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the petitioner shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion specified in s. 980.08 (4), whether to modify the petitioner's existing commitment order by authorizing placement on supervised release.

AB809, s. 13 Section 13. 980.09 (2) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB809,16,23 980.09 (2) (c) If the court is satisfied that the state has not met its burden of proof under par. (b), the person shall be discharged from the custody or supervision of the department. If the court is satisfied that the state has met its burden of proof under par. (b), the court may proceed to determine, using the criterion specified in s. 980.08 (4), whether to modify the person's existing commitment order by authorizing placement on supervised release.

AB809, s. 14 Section 14. Nonstatutory provisions.

AB809,17,11 (1) Determination of management level for persons committed under chapter 980. If the policies established under section 980.066 (2) of the statutes, as created by this act, relating to treatment for and conduct of persons detained or committed under chapter 980 of the statutes create distinct management levels for those persons, the department of health and family services shall, no later than the first day of the 13th month beginning after the date on which the policies take effect, conduct an assessment of each person in its custody who has been detained under section 980.04 (1) of the statutes or placed in institutional care pursuant to a commitment order issued under section 980.06 of the statutes, regardless of the date on which the detention order or commitment order was issued, to determine the management level at which the person is to be placed.

AB809, s. 15 Section 15. Effective date.

AB809,17,14 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB809,17,15 (End)