SB55-ASA1-AA1,468,1
1(a) The individual's diagnosis.
SB55-ASA1-AA1,468,32
(b) A description of the individual's behavior before and while he or she was in
3the treatment facility.
SB55-ASA1-AA1,468,54
(c) The course of treatment of the individual while he or she was in the
5treatment facility.
SB55-ASA1-AA1,468,76
(d) The prognosis for the remission of symptoms and the potential for
7recidivism and for presenting a danger to himself or herself or others.
SB55-ASA1-AA1,468,88
(e) Recommendations for future treatment.".
SB55-ASA1-AA1,468,1611
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
12take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938
13may take an individual into custody if the officer or person has cause to believe that
14such the individual is mentally ill
or, except as provided in subd. 5., is drug
15dependent
, or
is developmentally disabled, and that the individual evidences any of
16the following:
SB55-ASA1-AA1,469,920
51.15
(4) (a) In counties having a population of 500,000 or more, the law
21enforcement officer or other person authorized to take a child into custody under ch.
2248 or to take a juvenile into custody under ch. 938 shall sign a statement of
23emergency detention which shall provide detailed specific information concerning
24the recent overt act, attempt
, or threat to act or omission on which the belief under
1sub. (1) is based and the names of the persons observing or reporting the recent overt
2act, attempt
, or threat to act or omission. The law enforcement officer or other person
3is not required to designate in the statement whether the subject individual is
4mentally ill, developmentally disabled
, or drug dependent, but shall allege that he
5or she has cause to believe that the individual evidences one or more of these
6conditions
if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5.
7is believed. The law enforcement officer or other person shall deliver, or cause to be
8delivered, the statement to the detention facility upon the delivery of the individual
9to it.
SB55-ASA1-AA1,470,611
51.15
(5) Detention procedure; other counties. In counties having a
12population of less than 500,000, the law enforcement officer or other person
13authorized to take a child into custody under ch. 48 or to take a juvenile into custody
14under ch. 938 shall sign a statement of emergency detention
which that shall provide
15detailed specific information concerning the recent overt act, attempt
, or threat to
16act or omission on which the belief under sub. (1) is based and the names of persons
17observing or reporting the recent overt act, attempt
, or threat to act or omission. The
18law enforcement officer or other person is not required to designate in the statement
19whether the subject individual is mentally ill, developmentally disabled
, or drug
20dependent, but shall allege that he or she has cause to believe that the individual
21evidences one or more of these conditions
if sub. (1) (a) 1., 2., 3. or 4. is believed or
22mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention
23shall be filed by the officer or other person with the detention facility at the time of
24admission, and with the court immediately thereafter. The filing of the statement
25has the same effect as a petition for commitment under s. 51.20. When, upon the
1advice of the treatment staff, the director of a facility specified in sub. (2) determines
2that the grounds for detention no longer exist, he or she shall discharge the
3individual detained under this section. Unless a hearing is held under s. 51.20 (7)
4or 55.06 (11) (b), the subject individual may not be detained by the law enforcement
5officer or other person and the facility for more than a total of 72 hours, exclusive of
6Saturdays, Sundays
, and legal holidays.
SB55-ASA1-AA1,471,98
51.20
(1) (a) 2. e. For an individual, other than an individual who is alleged to
9be drug dependent or developmentally disabled, after the advantages and
10disadvantages of and alternatives to accepting a particular medication or treatment
11have been explained to him or her and because of mental illness, evidences either
12incapability of expressing an understanding of the advantages and disadvantages of
13accepting medication or treatment and the alternatives, or substantial incapability
14of applying an understanding of the advantages, disadvantages
, and alternatives to
15his or her mental illness in order to make an informed choice as to whether to accept
16or refuse medication or treatment; and evidences a substantial probability, as
17demonstrated by both the individual's treatment history and his or her recent acts
18or omissions, that the individual needs care or treatment to prevent further
19disability or deterioration and a substantial probability that he or she will, if left
20untreated, lack services necessary for his or her health or safety and suffer severe
21mental, emotional
, or physical harm that will result in the loss of the individual's
22ability to function independently in the community or the loss of cognitive or
23volitional control over his or her thoughts or actions. The probability of suffering
24severe mental, emotional
, or physical harm is not substantial under this subd. 2. e.
25if reasonable provision for the individual's care or treatment is available in the
1community and there is a reasonable probability that the individual will avail
2himself or herself of these services or if the individual is appropriate for protective
3placement under s. 55.06. Food, shelter
, or other care that is provided to an
4individual who is substantially incapable of obtaining food, shelter
, or other care for
5himself or herself by any person other than a treatment facility does not constitute
6reasonable provision for the individual's care or treatment in the community under
7this subd. 2. e. The individual's status as a minor does not automatically establish
8a substantial probability of suffering severe mental, emotional
, or physical harm
9under this subd. 2. e.
This subd. 2. e. does not apply after November 30, 2001.
SB55-ASA1-AA1,471,1811
51.20
(1) (ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the petition
12shall be reviewed and approved by the attorney general or by his or her designee prior
13to
or within 12 hours after the time that it is filed. If the attorney general or his or
14her designee disapproves or fails to act with respect to the petition, the petition may
15not be filed.
If the attorney general or his or her designee disapproves or fails to act
16with respect to a petition under this subdivision within 12 hours after the time that
17it is filed, the individual, if detained under the petition, shall be released and the
18petition is void.
SB55-ASA1-AA1, s. 1965j
20Section 1965j. 51.20 (10) (cm) 1. of the statutes is renumbered 51.20 (10) (cm)
21and amended to read:
SB55-ASA1-AA1,472,1022
51.20
(10) (cm) Prior to or at the final hearing, for individuals for whom a
23petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437
24shall furnish to the court and the subject individual an initial recommended written
25treatment plan that contains the goals of treatment, the type of treatment to be
1provided
, and the expected providers. The treatment plan shall address the
2individual's needs for inpatient care, residential services, community support
3services, medication and its monitoring, case management, and other services to
4enable the person to live in the community upon release from an inpatient facility.
5The treatment plan shall contain information concerning the availability of the
6needed services and community treatment providers' acceptance of the individual
7into their programs. The treatment plan is only a recommendation and is not subject
8to approval or disapproval by the court. Failure to furnish a treatment plan under
9this
subdivision paragraph does not constitute grounds for dismissal of the petition
10unless the failure is made in bad faith.
SB55-ASA1-AA1,472,1914
51.30
(3) (b) An individual's attorney or guardian ad litem
and the corporation
15counsel shall have access to the files and records of the court proceedings under this
16chapter without the individual's consent and without modification of the records in
17order to prepare for involuntary commitment or recommitment proceedings,
18reexaminations, appeals, or other actions relating to detention, admission
, or
19commitment under this chapter or ch. 971 or 975.
SB55-ASA1-AA1,472,2521
51.30
(4) (b) 11. To the subject individual's counsel or guardian ad litem
and
22the corporation counsel, without modification, at any time in order to prepare for
23involuntary commitment or recommitment proceedings, reexaminations, appeals
, or
24other actions relating to detention, admission, commitment
, or patients' rights under
25this chapter or ch. 48, 971
, or 975.
SB55-ASA1-AA1,473,144
51.13
(1) (a) Except as provided in
par. (c) and s. 51.45 (2m), the application for
5voluntary admission of a minor who is
under 14 years of age
or older to an approved
6inpatient treatment facility
for the primary purpose of treatment for alcoholism or
7drug abuse and the application for voluntary admission of a minor who is under 14
8years of age to an approved inpatient treatment facility for the primary purpose of
9treatment for mental illness, developmental disability, alcoholism, or drug abuse 10shall be executed by a parent who has legal custody of the minor or the minor's
11guardian. Any statement or conduct by a minor
under the age of 14 who is the subject
12of an application for voluntary admission under this paragraph indicating that the
13minor does not agree to admission to the facility shall be noted on the face of the
14application and shall be noted in the petition required by sub. (4).
SB55-ASA1-AA1,473,2016
51.13
(1) (b) The application for voluntary admission of a minor who is 14 years
17of age or
over older to an approved inpatient treatment facility for the primary
18purpose of treatment for mental illness or developmental disability shall be executed
19by the minor and a parent who has legal custody of the minor or the minor's guardian,
20except as provided in par. (c)
(1).
SB55-ASA1-AA1, s. 1966cd
21Section 1966cd. 51.13 (1) (c) of the statutes is renumbered 51.13 (1) (c) 1. and
22amended to read:
SB55-ASA1-AA1,474,1123
51.13
(1) (c) 1. If a minor 14 years of age or older wishes to be admitted to an
24approved inpatient treatment facility but a parent with legal custody or the guardian
1refuses to execute the application for admission or cannot be found, or if there is no
2parent with legal custody, the minor or a person acting on the minor's behalf may
3petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the
4county of residence of the parent or guardian for approval of the admission. A copy
5of the petition and a notice of hearing shall be served upon the parent or guardian
6at his or her last-known address. If, after
a hearing, the court determines that the
7parent or guardian's consent
is
of the parent or guardian is being unreasonably
8withheld
or, that the parent or guardian cannot be found
, or that there is no parent
9with legal custody, and that the admission is proper under the standards prescribed
10in sub. (4) (d),
it the court shall approve the minor's admission without the
parent
11or guardian's consent
of the parent or guardian.
SB55-ASA1-AA1,474,14
123. The court may, at the minor's request, temporarily approve the admission
13pending hearing on the petition. If a hearing is held under
this subsection subd. 1.
14or 2., no review or hearing under sub. (4) is required.
SB55-ASA1-AA1,475,216
51.13
(1) (c) 2. If a minor under 14 years of age wishes to be admitted to an
17approved inpatient treatment facility but a parent with legal custody or the guardian
18cannot be found, or if there is no parent with legal custody, the minor or a person
19acting on the minor's behalf may petition the court assigned to exercise jurisdiction
20under chs. 48 and 938 in the county of residence of the parent or guardian for
21approval of the admission. A copy of the petition and a notice of hearing shall be
22served upon the parent or guardian at his or her last-known address. If, after a
23hearing, the court determines that the parent or guardian cannot be found or that
24there is no parent with legal custody, and that the admission is proper under the
1standards prescribed in sub. (4) (d), the court shall approve the minor's admission
2without the consent of the parent or guardian.
SB55-ASA1-AA1,475,104
51.13
(1) (d) A minor against whom a petition or statement has been filed under
5s. 51.15, 51.20
, or 51.45 (12) or (13) may be admitted under this section. The court
6may permit the minor to become a voluntary patient
pursuant to under this section
7upon approval by the court of an application executed
pursuant to under par. (a), (b)
, 8or (c)
, and the judge. The court shall then dismiss the proceedings under s. 51.15,
951.20
, or 51.45
(12) or (13). If a hearing is held under this subsection, no hearing
10under sub. (4) is required.
SB55-ASA1-AA1,475,2512
51.13
(1) (e) A minor may be admitted immediately upon the approval of the
13application executed under par. (a) or (b) by the treatment director of the facility or
14his or her designee or, in the case of a center for the developmentally disabled, the
15director of the center or his or her designee, and the director of the appropriate county
16department under s. 51.42 or 51.437 if
such the county department is to be
17responsible for the cost of the minor's therapy and treatment. Approval shall be
18based upon an informed professional opinion that the minor is in need of psychiatric
19services or services for developmental disability, alcoholism
, or drug abuse, that the
20treatment facility offers inpatient therapy or treatment
which that is appropriate for
21the minor's needs
, and that inpatient care in the facility is the least restrictive
22therapy or treatment consistent with the minor's needs.
In the case of a minor who
23is being admitted for the primary purpose of treatment for alcoholism or drug abuse,
24approval shall also be based on the results of an alcohol or other drug abuse
25assessment that conforms to the criteria specified in s. 938.547 (4).
SB55-ASA1-AA1,476,152
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
3without complying with the requirements of this section if the admission does not
4involve the department or a county department under s. 51.42 or 51.437, or a contract
5between a treatment facility and the department or
between a treatment facility and 6a county department.
The application for voluntary admission of a minor who is 14
7years of age or older to an inpatient treatment facility for the primary purpose of
8treatment for alcoholism or drug abuse and the application for voluntary admission
9of a minor who is under 14 years of age to an inpatient treatment facility for the
10primary purpose of treatment for mental illness, developmental disability,
11alcoholism, or drug abuse shall be executed by a parent who has legal custody of the
12minor or by the minor's guardian. The application for voluntary admission of a minor
13who is 14 years of age or
over older to an inpatient treatment facility for the primary
14purpose of treatment for mental illness or developmental disability shall be executed
15by the minor and a parent who has legal custody of the minor or the minor's guardian.
SB55-ASA1-AA1,477,217
51.13
(2) (b) Notwithstanding par. (a), any minor who is 14 years of age or older
18and who is admitted to an inpatient treatment facility for the primary purpose of
19treatment of mental illness
, or developmental disability
, alcoholism or drug abuse 20has the right to be discharged within 48 hours
of
after his or her request, as provided
21in sub. (7) (b). At the time of admission, any minor who is 14 years of age or older
and
22who is admitted to an inpatient treatment facility for the primary purpose of
23treatment for mental illness or developmental disability, and the minor's parent or
24guardian, shall be informed of this right orally and in writing by the director of the
1hospital or such person's designee. This paragraph does not apply to individuals who
2receive services in hospital emergency rooms.
SB55-ASA1-AA1,477,84
51.13
(2) (d) Writing materials for use in requesting a discharge shall be made
5available at all times to all minors who are 14 years of age or older
and who are 6admitted under this subsection
for the primary purpose of treatment for mental
7illness or developmental disability. The staff of the facility shall assist such minors
8in preparing or submitting requests for discharge.
SB55-ASA1-AA1,477,1810
51.13
(3) (b) A minor 14 years of age or older
who has been admitted to an
11inpatient treatment facility for the primary purpose of treatment for mental illness
12or developmental disability, a minor who is voluntarily admitted under sub. (1) (c)
131. or 2., and
his or her the minor's parent or guardian shall also be informed by the
14director or his or her designee, both orally and in writing, in easily understandable
15language, of the minor's right to request discharge and to be discharged within 48
16hours of the request if no petition or statement is filed for emergency detention,
17emergency commitment, involuntary commitment
, or protective placement, and the
18minor's right to consent to or refuse treatment as provided in s. 51.61 (6).
SB55-ASA1-AA1,478,420
51.13
(3) (c) A minor
14 years of age or older who has been admitted to an
21inpatient facility for the primary purpose of treatment for alcoholism or drug abuse,
22a minor under 14 years of age
who has been admitted to an inpatient treatment
23facility for the primary purpose of treatment for mental illness, developmental
24disability, alcoholism, or drug abuse, and
his or her the minor's parent or guardian
25shall also be informed by the director or his or her designee, both orally and in
1writing, in easily understandable language,
of the right of the parent or guardian to
2request the minor's discharge as provided in sub. (7) (b) and of the minor's right to
3a hearing to determine continued appropriateness of the admission as provided in
4sub. (7)
(c).
SB55-ASA1-AA1,478,136
51.13
(4) (a) (intro.) Within 3 days
of after the admission of a minor under sub.
7(1), or within 3 days
of after application for admission of the minor, whichever occurs
8first, the treatment director of the facility to which the minor is admitted or, in the
9case of a center for the developmentally disabled, the director of the center, shall file
10a verified petition for review of the admission in the court assigned to exercise
11jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
12copy of the application for admission and of any relevant professional evaluations
13shall be attached to the petition. The petition shall contain all of the following:
SB55-ASA1-AA1,478,1615
51.13
(4) (c) A copy of the petition shall be provided by the petitioner to the
16minor and his or her parents or guardian within 5 days
of after admission.
SB55-ASA1-AA1,479,1718
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
19to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
20allegations of the petition and accompanying documents,
whether the admission is
21voluntary on the part of the minor if the minor is 14 years of age or older and whether
22there is a prima facie showing that the minor is in need of psychiatric services, or
23services for developmental disability, alcoholism
, or drug abuse, that the treatment
24facility offers inpatient therapy or treatment
which
that is appropriate to the minor's
25needs
, and that inpatient care in the treatment facility is the least restrictive therapy
1or treatment consistent with the needs of the minor
, and, if the minor is 14 years of
2age or older and has been admitted to the treatment facility for the primary purpose
3of treatment for mental illness or developmental disability, whether the admission
4is voluntary on the part of the minor. If such a showing is made, the court shall
5permit voluntary admission. If the court is unable to make
such those 6determinations based on the petition and accompanying documents,
it shall the
7court may dismiss the petition as provided in par. (h);
or order additional information
8to be produced as
it deems necessary
for the court to make
such review, and make
9such those determinations within 14 days
of after admission or application for
10admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 11admission or application for admission, whichever is sooner. If a notation of the
12minor's unwillingness appears on the face of the petition, or if a hearing has been
13requested by the minor
, or by the minor's counsel, parent
, or guardian, the court shall
14hold a hearing to review the admission within 14 days
of after admission or
15application for admission, whichever is sooner, and shall appoint counsel to
16represent the minor if the minor is unrepresented. If the court
deems considers it
17necessary,
it the court shall also appoint a guardian ad litem to represent the minor.
SB55-ASA1-AA1,480,919
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
20services or services for developmental disability, alcoholism
, or drug abuse in an
21inpatient facility,
and that the inpatient facility to which the minor is admitted offers
22therapy or treatment that is appropriate for the minor's needs and that is the least
23restrictive therapy or treatment consistent with the minor's needs
, and, in the case
24of a minor aged 14 or older
who is being admitted for the primary purpose of
25treatment for mental illness or developmental disability, that the application is
1voluntary on the part of the minor, the court shall permit voluntary admission. If the
2court finds that the therapy or treatment in the inpatient facility to which the minor
3is admitted is not appropriate or is not the least restrictive therapy or treatment
4consistent with the minor's needs, the court may order placement in or transfer to
5another more appropriate or less restrictive inpatient facility, except that the court
6may not permit or order placement in or transfer to the northern or southern centers
7for the developmentally disabled of a minor unless the department gives approval
8for the placement or transfer, and if the order of the court is approved by all of the
9following if applicable:
SB55-ASA1-AA1,480,1211
51.13
(4) (g) 1. The minor if he or she is aged 14 or older
and is being admitted
12for the primary purpose of treatment for mental illness or developmental disability.
SB55-ASA1-AA1,480,2214
51.13
(6) (a) A minor may be admitted to an inpatient treatment facility
15without review of the application under sub. (4) for diagnosis and evaluation or for
16dental, medical
, or psychiatric services for a period not to exceed 12 days. The
17application for short-term admission of a minor shall be executed by the minor's
18parent or guardian, and
by the minor if he or she, if the minor is 14 years of age or
19older
and is being admitted for the primary purpose of diagnosis, evaluation, or
20services for mental illness or developmental disability, by the minor. A minor may
21not be readmitted to an inpatient treatment facility for psychiatric services under
22this paragraph within 120 days of a previous admission under this paragraph.
SB55-ASA1-AA1,481,1024
51.13
(7) (a) If a minor is admitted to an inpatient treatment facility while
25under 14 years of age, and if upon reaching age 14 is in need of further inpatient care
1and treatment
primarily for mental illness or developmental disability, the director
2of the facility shall request the minor and the minor's parent or guardian to execute
3an application for voluntary admission. Such an application may be executed within
430 days prior to a minor's 14th birthday. If the application is executed, a petition for
5review shall be filed in the manner prescribed in sub. (4), unless such a review has
6been held within the last 120 days. If the application is not executed by the time of
7the minor's 14th birthday, the minor shall be discharged unless a petition or
8statement is filed for emergency detention, emergency commitment, involuntary
9commitment
, or protective placement by the end of the next day in which the court
10transacts business.
SB55-ASA1-AA1,482,212
51.13
(7) (b) Any minor 14 years of age or
over older who is voluntarily admitted
13under this section
for the primary purpose of treatment for mental illness or
14developmental disability, and any minor who is voluntarily admitted under sub. (1)
15(c) 1. or 2., may request discharge in writing.
In the case of a minor 14 years of age
16or older who is voluntarily admitted under this section for the primary purpose of
17treatment for alcoholism or drug abuse or a minor under 14 years of age who is
18voluntarily admitted under this section for the primary purpose of treatment for
19mental illness, developmental disability, alcoholism, or drug abuse, the parent or
20guardian of the minor may make the request. Upon receipt of any form of written
21request for discharge
from a minor, the director of the facility in which the minor is
22admitted shall immediately notify the minor's parent or guardian. The minor shall
23be discharged within 48 hours after submission of the request, exclusive of
24Saturdays, Sundays
, and legal holidays, unless a petition or statement is filed for
1emergency detention, emergency commitment, involuntary commitment
, or
2protective placement.
SB55-ASA1-AA1,483,24
51.13
(7) (c) Any minor
14 years of age or older who is voluntarily admitted
5under this section for the primary purpose of treatment for alcoholism or drug abuse,
6and who is not discharged under par. (b), and any minor under 14 years of age who
7is voluntarily admitted under this section
for the primary purpose of treatment for
8mental illness, developmental disability, alcoholism, or drug abuse, and who is not
9discharged under par. (b), may submit a written request to the court for a hearing
10to determine the continued appropriateness of the admission. If the director or staff
11of the inpatient treatment facility to which a minor
under the age of 14 described in
12this paragraph is admitted observes conduct by the minor
which that demonstrates
13an unwillingness to remain at the facility, including but not limited to a written
14expression of opinion or unauthorized absence, the director shall file a written
15request with the court to determine the continued appropriateness of the admission.
16A request
which that is made personally by a minor under this paragraph shall be
17signed by the minor but need not be written or composed by
him or her the minor.
18A request for a hearing under this paragraph
which
that is received by staff or the
19director of the facility in which the child is admitted shall be filed with the court by
20the director. The court shall order a hearing upon request if no hearing concerning
21the minor's admission has been held within 120 days
of
after receipt of the request.
22The court shall appoint counsel and, if the court
deems considers it necessary, a
23guardian ad litem to represent the minor and if a hearing is held shall hold the
24hearing within 14 days
of after the request, unless the parties agree to a longer
1period. After the hearing, the court shall make disposition of the matter in the
2manner provided in sub. (4).
SB55-ASA1-AA1,483,104
51.22
(2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions
5under ss. 51.10, 51.13
, and 51.45 (10) shall be through the county department under
6s. 51.42 or 51.437 serving the person's county of residence, or through the
7department if the person to be admitted is a nonresident of this state. Admissions
8through a county department under s. 51.42 or 51.437 shall be made in accordance
9with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall
10be made in accordance with sub. (3).
SB55-ASA1-AA1,484,1312
51.35
(3) (a) A licensed psychologist of a secured correctional facility
or, a
13secured child caring institution
, or a secured group home, or a licensed physician of
14the department of corrections, who has reason to believe that any individual confined
15in the secured correctional facility, secured child caring institution
, or secured group
16home is, in his or her opinion, in need of services for developmental disability,
17alcoholism
, or drug dependency or in need of psychiatric services, and who has
18obtained voluntary consent to make a transfer for treatment, shall make a report,
19in writing, to the superintendent of the secured correctional facility, secured child
20caring institution
, or secured group home, stating the nature and basis of the belief
21and verifying the consent. In the case of a minor age 14
and over or older who is in
22need of services for developmental disability or who is in need of psychiatric services,
23the minor and the minor's parent or guardian shall consent unless the minor is
24admitted under s. 51.13 (1) (c)
; and in 1. In the case of a minor
age 14 or older who
25is in need of services for alcoholism or drug dependency or a minor under the age of
114
who is in need of services for developmental disability, alcoholism, or drug
2dependency or in need of psychiatric services, only the minor's parent or guardian
3need consent
unless the minor is admitted under s. 51.13 (1) (c). The superintendent
4shall inform, orally and in writing, the minor and the minor's parent or guardian,
5that transfer is being considered and shall inform them of the basis for the request
6and their rights as provided in s. 51.13 (3). If the department of corrections, upon
7review of a request for transfer, determines that transfer is appropriate, that
8department shall immediately notify the department of health and family services
9and, if the department of health and family services consents, the department of
10corrections may immediately transfer the individual. The department of health and
11family services shall file a petition under s. 51.13 (4) (a) in the court assigned to
12exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility
13is located.
SB55-ASA1-AA1,485,815
51.35
(3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938
16shall determine, based on the allegations of the petition and accompanying
17documents,
whether the transfer is voluntary on the part of the minor if he or she is
18aged 14 or over, and whether the transfer of the minor to an inpatient facility is
19appropriate and consistent with the needs of the minor
. In the event that and, if the
20minor is 14 years of age or older and is being transferred for the purpose of receiving
21services for developmental disability or psychiatric services, whether the transfer is
22voluntary on the part of the minor. If the court is unable to make
such those 23determinations based on the petition and accompanying documents,
it shall the
24court may order additional information to be produced as
it deems necessary to make
25such review, and make such those determinations within 14 days
of after admission,
1or
it the court may hold a hearing within 14 days
of after admission. If a notation
2of the minor's unwillingness appears on the face of the petition, or
that if a hearing
3has been requested by the minor
, or by the minor's counsel, guardian ad litem,
4parent
, or guardian, the court shall hold a hearing and appoint counsel or a guardian
5ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing,
6the court shall approve or disapprove the request for transfer. If the minor is under
7the continuing jurisdiction of the court of another county, the court may order the
8case transferred together with all appropriate records to that court.
SB55-ASA1-AA1,485,2510
51.35
(3) (c) A licensed psychologist of a secured correctional facility
or, a
11secured child caring institution
, or a secured group home, or a licensed physician of
12the department of corrections, who has reason to believe that any individual confined
13in the secured correctional facility, secured child caring institution
, or secured group
14home, in his or her opinion, is mentally ill, drug dependent
, or developmentally
15disabled and is dangerous as described in s. 51.20 (1) (a) 2. a., b., c.
, or d., is mentally
16ill, is dangerous
, and satisfies the standard under s. 51.20 (1) (a) 2. e.
, or is an
17alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written
18report with the superintendent of the secured correctional facility, secured child
19caring institution
, or secured group home, stating the nature and basis of the belief.
20If the superintendent, upon review of the allegations in the report, determines that
21transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45
22in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county
23where the secured correctional facility, secured child caring institution
, or secured
24group home is located. The court shall hold a hearing according to procedures
25provided in s. 51.20 or 51.45 (13).
SB55-ASA1-AA1,486,184
51.35 (3) (c) A licensed psychologist of a secured correctional facility, a secured
5child caring institution, or a secured group home, or a licensed physician of the
6department of corrections, who has reason to believe that any individual confined in
7the secured correctional facility, secured child caring institution, or secured group
8home, in his or her opinion, is mentally ill, drug dependent, or developmentally
9disabled and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is
10dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with
11the superintendent of the secured correctional facility, secured child caring
12institution, or secured group home, stating the nature and basis of the belief. If the
13superintendent, upon review of the allegations in the report, determines that
14transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45
15in the court assigned to exercise jurisdiction under ch. 48 of the county where the
16secured correctional facility, secured child caring institution, or secured group home
17is located. The court shall hold a hearing according to procedures provided in s. 51.20
18or 51.45 (13).
SB55-ASA1-AA1,487,920
51.35
(3) (g) A minor 14 years of age or older who is transferred to a treatment
21facility under par. (a)
for the purpose of receiving services for developmental
22disability or psychiatric services may request in writing a return to the secured
23correctional facility, secured child caring institution
, or secured group home. In the
24case of a minor
14 years of age or older who is transferred to a treatment facility
25under par. (a) for the purpose of receiving services for alcoholism or drug dependency
1or a minor under 14 years of age,
who is transferred to a treatment facility under par.
2(a) for the purpose of receiving services for developmental disability, alcoholism, or
3drug dependency, or psychiatric services, the parent or guardian may make the
4request. Upon receipt of a request for return from a minor 14 years of age or
over 5older, the director shall immediately notify the minor's parent or guardian. The
6minor shall be returned to the secured correctional facility, secured child caring
7institution
, or secured group home within 48 hours after submission of the request
8unless a petition or statement is filed for emergency detention, emergency
9commitment, involuntary commitment
, or protective placement.".
SB55-ASA1-AA1,488,213
51.375
(2) (b) The department may administer a lie detector test to a sex
14offender as part of the sex offender's programming, care, or treatment. A patient may
15refuse to submit to a lie detector test under this paragraph. This refusal does not
16constitute a general refusal to participate in treatment. A person administering a
17lie detector test under this paragraph may not ask the subject of the test any question
18that can reasonably be anticipated to elicit information as to whether the subject
19committed an offense for which the subject has not been convicted, found not guilty
20by reason of mental disease or defect, or adjudicated delinquent. The results of a lie
21detector test under this paragraph may be used only in the care, treatment, or
22assessment of the subject or in programming for the subject. The results of a test may
23be disclosed only to persons employed at the facility at which the subject is placed
24who need to know the results for purposes related to care, treatment, or assessment
1of the patient, the committing court, the patient's attorney, or the attorney
2representing the state in a proceeding under ch. 980.".
SB55-ASA1-AA1,488,95
51.61
(1) (g) 3m. Following a final commitment order for a subject individual
6who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., the
7court shall issue an order permitting medication or treatment to be administered to
8the individual regardless of his or her consent.
This subdivision does not apply after
9November 30, 2001.".