AB785: Bill Text

AB785,123,22 (1) County department performance of review. (a) The county department of the individual's county of residence shall, except as provided in sub. (1m), review, in compliance with the requirements of this section, the status of each individual who is the subject of the order. The review shall include a visit to the individual and a written evaluation of the physical, mental, and social condition of the individual that is relevant to the issue of the continued need for the order. The review shall be made a part of the permanent record of the individual. The county department shall inform the guardian of the individual of the review at the time the review is made and shall, before completing a report of the review invite the individual and the guardian to submit comments or information concerning the individual's need for involuntary administration of psychotropic medication or other protective services. Not later than the first day of the 11th month after the initial order is made for an individual, except as provided in par. (b), and at least annually thereafter, the county department shall do all of the following:

AB785,124,2 1. File a report of the review with the court that issued the order. The report of the review shall include information on all of the following:

AB785,124,4 a. Whether the individual continues to meet the standards for protective services.

AB785,124,6 b. Whether the individual is not competent to refuse psychotropic medication, as defined in s. 55.14 (1) (b).

AB785,124,10 c. Whether the individual continues to refuse to take psychotropic medication voluntarily; and whether attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual, including all information required to be specified under s. 55.14 (3) (c).

AB785,124,13 d. Whether the individual's condition for which psychotropic medication has been prescribed has been improved by psychotropic medication and the individual has responded positively to psychotropic medication.

AB785,124,16 e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual met one of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the individual continues to meet the criterion.

AB785,124,19 f. The comments of the individual and the individual's guardian during the performance of the review, as summarized by the county department, and the response of the county department to the comments.

AB785,124,22 g. The comments, if any, of a staff member at the facility at which the individual is placed or receives services or at which psychotropic medication is administered to the individual that are relevant to the review of the continued need for the order.

AB785,124,24 2. File with the court under subd. 1. a petition for annual review by the court of the order.

AB785,125,2 3. Provide the report under subd. 1. to the individual and the guardian of the individual.

AB785,125,9 (b) If, following an annual review of an individual's status under par. (a), the individual or the individual's guardian or guardian ad litem requests termination of the order and a hearing under the requirements of s. 55.10 (4) is provided, or if a hearing under the requirements of s. 55.10 (4) is provided pursuant to a petition for modification or termination of the order, the county department is not required to initiate a subsequent review under par. (a) until the first day of the 11th month after the date that the court issues a final order after the hearing.

AB785,125,12 (bm) If the individual is subject to a protective placement order, the review under par. (a) shall be conducted simultaneously with the review under s. 55.18 of the individual's protective placement.

AB785,125,15 (c) The review under par. (a) may not be conducted by a person who is an employee of a facility in which the individual resides or from which the individual receives services.

AB785,125,20 (1m) County agreement. The county of residence of an individual who is subject to an order under s. 55.14 and is provided protective placement in a different county may enter into an agreement with that county under which the county of the individual's placement performs all or part of the duties of the county of residence under this section.

AB785,125,24 (2) Guardian ad litem appointment and report. After a county department has filed a report with a court under sub. (1) (a) 1., the court shall appoint a guardian ad litem in accordance with s. 757.48 (1). The guardian ad litem shall do all of the following:

AB785,126,2 (a) Review the report filed under sub. (1) (a) 1., and any other relevant reports on the individual's condition and continued need for the order under s. 55.14.

AB785,126,4 (b) Meet with the individual and contact the individual's guardian and orally explain to the individual and guardian all of the following:

AB785,126,6 1. The procedure for review of an order for involuntary administration of psychotropic medication.

AB785,126,7 2. The right of the individual to appointment of legal counsel under sub. (3) (c).

AB785,126,8 3. The right to an evaluation under sub. (3) (b).

AB785,126,9 4. The contents of the report under sub. (1) (a) 1.

AB785,126,12 5. That a termination or modification of the order or modification of the treatment plan for involuntary administration of psychotropic medication may be ordered by the court.

AB785,126,15 6. The right to a hearing under sub. (3) (d) and an explanation that the individual or the individual's guardian may request a hearing that meets the requirements under s. 55.10 (4).

AB785,126,17 (c) Provide the information required under par. (b) to the individual and to the individual's guardian in writing.

AB785,126,18 (d) Review the individual's condition and rights with the individual's guardian.

AB785,126,20 (e) Ascertain whether the individual wishes to exercise any of his or her rights under sub. (3) (b), (c), or (d).

AB785,126,25 (f) Within 30 days after appointment, file with the court a written report based on information obtained under this subsection and any other evaluations or records of the individual. The report shall discuss whether the individual appears to continue to meet the standards for an order under s. 55.14. The report shall also state whether any of the following apply:

AB785,127,2 1. An evaluation under sub. (3) (b) is requested by the guardian ad litem, the individual, or the individual's guardian.

AB785,127,4 2. The individual or the individual's guardian requests termination of the order under s. 55.14.

AB785,127,6 3. The individual or the individual's guardian requests or the guardian ad litem recommends that legal counsel be appointed for the individual.

AB785,127,8 4. The individual or the individual's guardian or guardian ad litem requests a full due process hearing under this section for the individual.

AB785,127,10 (g) Certify to the court that he or she has complied with the requirements of pars. (a) to (e).

AB785,127,13 (3) Court review of reports; hearing; order. (a) The court that issued the order under s. 55.14 shall review the report of the guardian ad litem under sub. (2) (f) and the report filed under sub. (1) (a) 1.

AB785,127,18 (b) The court shall order an evaluation, by a person who is not an employee of the county department, of the physical, mental, and social condition of the individual that is relevant to the issue of the continued need for the order under s. 55.14 and that is independent of the review performed under sub. (1) (a) if any of the following apply:

AB785,127,20 1. The report required under sub. (1) (a) 1. is not timely filed, or the court determines that the report fails to meet the requirements of sub. (1) (c).

AB785,127,22 2. Following review of the guardian ad litem's report under sub. (2) (f), the court determines that an independent evaluation for the individual is necessary.

AB785,127,23 3. The individual or the individual's guardian or guardian ad litem so requests.

AB785,128,3 (bm) If an evaluation is ordered under par. (b), it shall be performed at the expense of the individual or, if the individual is indigent, at the expense of the county under sub. (1) (a).

AB785,128,5 (br) The court shall order that the county department obtain any other necessary information with respect to the individual.

AB785,128,8 (c) The court shall order legal counsel for an individual and, if the individual appears to be indigent, refer him or her to the authority for indigency determinations under s. 977.07 (1) if any of the following apply:

AB785,128,10 1. Following review of the guardian ad litem's report under sub. (2) (f), the court determines that legal counsel for the individual is necessary.

AB785,128,11 2. The individual or the individual's guardian or guardian ad litem so requests.

AB785,128,17 (d) The court shall order either a summary hearing or a hearing under the requirements of s. 55.10 (4). A summary hearing shall be held on the record, may be held in court or by other means, including by telephone or videoconference, is not an evidentiary hearing, and does not require attendance by the individual. The court shall hold a hearing under the requirements of s. 55.10 (4) if any of the following apply:

AB785,128,18 1. The individual or the individual's guardian or guardian ad litem so requests.

AB785,128,20 2. The report under sub. (2) (f) indicates that the individual no longer meets the standards for an order under s. 55.14 (8).

AB785,128,21 3. The report under sub. (2) (f) indicates that the individual objects to the order.

AB785,128,22 (e) Following the hearing under par. (d), the court shall do one of the following:

AB785,129,2 1. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8), the court shall order the continuation of the order. The court shall include in the order the information relied upon as a basis for the order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for continuation of the order.

AB785,129,11 2. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8) but that modification of the order or the treatment plan would be in the best interests of the individual, the court shall modify the order, order modifications to the individual's treatment plan, or both. Any modifications to the treatment plan are subject to the approval of the guardian. The court shall include in the order the information relied upon as a basis for its order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for authorizing the guardian to consent to involuntary administration of psychotropic medication.

AB785,129,17 3. If the court finds that the individual no longer meets the standards for an order under s. 55.14 (8), the court shall terminate the order. If the order is terminated, the court shall review the needs of the individual with respect to other protective services. If the court determines that the individual meets the standards for other protective services under s. 55.08 (2) that are not currently being provided to the individual, the court may order those protective services for the individual.

AB785,129,19 (f) The court shall provide a copy of the order made under par. (e) to all of the following:

AB785,129,20 1. The individual.

AB785,129,21 2. The individual's guardian, guardian ad litem, and legal counsel, if any.

AB785,129,23 3. The facility in which the individual resided, if any, when the petition for annual review was filed.

AB785,129,24 4. The county department under sub. (1) (a) and, if relevant, sub. (1m).

Note: Requires annual court review of all orders authorizing involuntary administration of psychotropic medication, as described in detail in the prefatory note.

AB785, s. 171 Section 171. 165.85 (4) (b) 1d. b. of the statutes is amended to read:

AB785,130,9 165.85 (4) (b) 1d. b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) 55.135, and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

Note: Changes a cross-reference in current law specifying required elements of law enforcement training programs to reflect renumbering and amending of ch. 55.

AB785, s. 172 Section 172. 165.86 (2) (b) of the statutes is amended to read:

AB785,131,3 165.86 (2) (b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention of persons under s. 51.15 and emergency protective placement under s. 55.06 (11) 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention and emergency protective placement by cooperating with county departments of community programs in the development of these courses under s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.

AB785, s. 173 Section 173. 301.01 (2) (intro.) of the statutes is amended to read:

AB785,131,9 301.01 (2) (intro.) "Prisoner" means any person who is either arrested, incarcerated, imprisoned, or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.20, 51.45 (11) (b), or 55.06 (11) (a) 55.135 or ch. 980. "Prisoner" does not include any of the following:

Note: Changes a cross-reference in current law defining "prisoner" in chapter 301 of the statutes, pertaining to the department of corrections, to reflect renumbering and amending of ch. 55.

AB785, s. 174 Section 174 . 560.9811 (1) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB785,131,13 560.9811 (1) In this section, "chronic mental illness serious and persistent" has the meaning given in s. 51.01 (3g) (14t).

AB785, s. 175 Section 175 . 560.9811 (2) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB785,131,23 560.9811 (2) From the appropriation under s. 20.143 (2) (fr), the department may not award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with chronic serious and persistent mental illness. Entities that receive funds awarded by the department under this subsection shall provide the mental health services required under 42 USC 290cc-24. The amount that the department awards to an applying entity may not exceed 50% of the amount of matching funds required under 42 USC 290cc-23.

Note: Sections 174 and 175 delete the word "chronic" and replace it with the term "serious and persistent" to modify the term "mental illness", which is more up-to-date terminology.

AB785, s. 176 Section 176. 609.65 (1) (intro.) of the statutes is amended to read:

AB785,132,10 609.65 (1) (intro.) If an enrollee of a limited service health organization, preferred provider plan, or defined network plan is examined, evaluated, or treated for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or (4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court order under s. 51.20 or 880.33 (4m) or (4r), an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then, notwithstanding the limitations regarding participating providers, primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service health organization, preferred provider plan, or defined network plan shall do all of the following:

Note: Changes a cross-reference in current law regarding insurance coverage for court-ordered services for the mentally ill, to reflect renumbering and amending of ch. 55.

AB785, s. 177 Section 177. 757.69 (1) (h) of the statutes is amended to read:

AB785,132,20 757.69 (1) (h) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45, 55.13, and 55.06 (11) 55.135, conduct reviews of guardianships and protective placements and protective services under chs. 55 and 880, advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions, and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).

Note: Changes a cross-reference in current law authorizing circuit court commissioners to conduct probable cause hearings on emergency protective placements, to reflect renumbering and amending of ch. 55 and authorizes commissioners to conduct probable cause hearings for emergency protective services, which are created in the bill.

AB785, s. 178 Section 178. 767.24 (7) (b) of the statutes is amended to read:

AB785,133,6 767.24 (7) (b) A parent who has been denied periods of physical placement with a child under this section is subject to s. 118.125 (2) (m) with respect to that child's school records, s. 51.30 (5) (bm) with respect to the child's court or treatment records, s. 55.07 55.23 with respect to the child's records relating to protective services, and s. 146.835 with respect to the child's patient health care records.

Note: Changes a cross-reference in current law regarding access to a child's records relating to protective services by a parent who has been denied periods of physical placement with a child, to reflect renumbering and amending of ch. 55.

AB785, s. 179 Section 179. 808.075 (4) (c) 1. of the statutes is amended to read:

AB785,133,10 808.075 (4) (c) 1. Review Protective placement review under s. 55.18, modification under s. 55.16, or termination of protective placement under s. 55.06 (10) 55.17.

Note: Changes a cross-reference in current law regarding permitted court actions pending appeal, to reflect renumbering and amending of ch. 55.

AB785, s. 180 Section 180. 808.075 (4) (c) 2. of the statutes is amended to read:

AB785,133,12 808.075 (4) (c) 2. Hearing required upon transfer under s. 55.06 (9) 55.15.

Note: Changes a cross-reference in current law regarding permitted court actions pending appeal, to reflect renumbering and amending of ch. 55.

AB785, s. 181 Section 181. 808.075 (4) (c) 3. of the statutes is amended to read:

AB785,133,14 808.075 (4) (c) 3. Enforcement of patient's rights under s. 55.07 55.23.

Note: Changes a cross-reference in current law regarding permitted court actions pending appeal, to reflect renumbering and amending of ch. 55.

AB785, s. 182 Section 182. 809.30 (1) (b) 5. of the statutes is amended to read: