AB785,127,2221
2. Following review of the guardian ad litem's report under sub. (2) (f), the court
22determines that an independent evaluation for the individual is necessary.
AB785,127,2323
3. The individual or the individual's guardian or guardian ad litem so requests.
AB785,128,3
1(bm) If an evaluation is ordered under par. (b), it shall be performed at the
2expense of the individual or, if the individual is indigent, at the expense of the county
3under sub. (1) (a).
AB785,128,54
(br) The court shall order that the county department obtain any other
5necessary information with respect to the individual.
AB785,128,86
(c) The court shall order legal counsel for an individual and, if the individual
7appears to be indigent, refer him or her to the authority for indigency determinations
8under s. 977.07 (1) if any of the following apply:
AB785,128,109
1. Following review of the guardian ad litem's report under sub. (2) (f), the court
10determines that legal counsel for the individual is necessary.
AB785,128,1111
2. The individual or the individual's guardian or guardian ad litem so requests.
AB785,128,1712
(d) The court shall order either a summary hearing or a hearing under the
13requirements of s. 55.10 (4). A summary hearing shall be held on the record, may
14be held in court or by other means, including by telephone or videoconference, is not
15an evidentiary hearing, and does not require attendance by the individual. The court
16shall hold a hearing under the requirements of s. 55.10 (4) if any of the following
17apply:
AB785,128,1818
1. The individual or the individual's guardian or guardian ad litem so requests.
AB785,128,2019
2. The report under sub. (2) (f) indicates that the individual no longer meets the
20standards for an order under s. 55.14 (8).
AB785,128,2121
3. The report under sub. (2) (f) indicates that the individual objects to the order.
AB785,128,2222
(e) Following the hearing under par. (d), the court shall do one of the following:
AB785,129,223
1. If the court finds that the individual continues to meet the standards for an
24order under s. 55.14 (8), the court shall order the continuation of the order. The court
25shall include in the order the information relied upon as a basis for the order and
1shall make findings based on the requirements for allegations of a petition under s.
255.14 (3) in support of the need for continuation of the order.
AB785,129,113
2. If the court finds that the individual continues to meet the standards for an
4order under s. 55.14 (8) but that modification of the order or the treatment plan would
5be in the best interests of the individual, the court shall modify the order, order
6modifications to the individual's treatment plan, or both. Any modifications to the
7treatment plan are subject to the approval of the guardian. The court shall include
8in the order the information relied upon as a basis for its order and shall make
9findings based on the requirements for allegations of a petition under s. 55.14 (3) in
10support of the need for authorizing the guardian to consent to involuntary
11administration of psychotropic medication.
AB785,129,1712
3. If the court finds that the individual no longer meets the standards for an
13order under s. 55.14 (8), the court shall terminate the order. If the order is
14terminated, the court shall review the needs of the individual with respect to other
15protective services. If the court determines that the individual meets the standards
16for other protective services under s. 55.08 (2) that are not currently being provided
17to the individual, the court may order those protective services for the individual.
AB785,129,1918
(f) The court shall provide a copy of the order made under par. (e) to all of the
19following:
AB785,129,2020
1. The individual.
AB785,129,2121
2. The individual's guardian, guardian ad litem, and legal counsel, if any.
AB785,129,2322
3. The facility in which the individual resided, if any, when the petition for
23annual review was filed.
AB785,129,2424
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
1Section
171. 165.85 (4) (b) 1d. b. of the statutes is amended to read:
AB785,130,92
165.85
(4) (b) 1d. b. Training on emergency detention standards and
3procedures under s. 51.15, emergency protective placement standards and
4procedures under s.
55.06 (11) 55.135, and information on mental health and
5developmental disabilities agencies and other resources that may be available to
6assist the officer in interpreting the emergency detention and emergency protective
7placement standards, making emergency detentions and emergency protective
8placements, and locating appropriate facilities for the emergency detentions and
9emergency 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
10Section
172. 165.86 (2) (b) of the statutes is amended to read:
AB785,131,311
165.86
(2) (b) Organize a program of training, which shall encourage
12utilization of existing facilities and programs through cooperation with federal,
13state
, and local agencies and institutions presently active in this field. Priority shall
14be given to the establishment of the statewide preparatory and recertification
15training programs described in sub. (1), but the department shall cooperate in the
16creation and operation of other advanced and special courses, including courses
17relating to emergency detention of persons under s. 51.15 and emergency protective
18placement under s.
55.06 (11) 55.135, that meet the curriculum standards
19recommended by the board. The department may satisfy the requirement for
20cooperating in the development of special courses relating to emergency detention
21and emergency protective placement by cooperating with county departments of
22community programs in the development of these courses under s. 51.42 (3) (ar) 4.
1d. The department shall keep appropriate records of all such training courses given
2in the state and the results thereof in terms of persons attending, agencies
3represented, and, where applicable, individual grades given.
AB785, s. 173
4Section
173. 301.01 (2) (intro.) of the statutes is amended to read:
AB785,131,95
301.01
(2) (intro.) "Prisoner" means any person who is either arrested,
6incarcerated, imprisoned
, or otherwise detained in excess of 12 hours by any law
7enforcement agency of this state, except when detention is pursuant to
s. 55.06 (11)
8(a), 2003 stats., or s. 51.15, 51.20, 51.45 (11) (b)
, or
55.06 (11) (a) 55.135 or ch. 980.
9"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.
AB785,131,1312
560.9811
(1) In this section, "
chronic mental illness
serious and persistent" has
13the meaning given in s. 51.01
(3g) (14t).
AB785,131,2316
560.9811
(2) From the appropriation under s. 20.143 (2) (fr), the department
17may not award more than $45,000 in each fiscal year to applying public or nonprofit
18private entities for the costs of providing certain mental health services to homeless
19individuals with
chronic serious and persistent mental illness. Entities that receive
20funds awarded by the department under this subsection shall provide the mental
21health services required under
42 USC 290cc-24. The amount that the department
22awards to an applying entity may not exceed 50% of the amount of matching funds
23required 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
1Section
176. 609.65 (1) (intro.) of the statutes is amended to read:
AB785,132,102
609.65
(1) (intro.) If an enrollee of a limited service health organization,
3preferred provider plan, or defined network plan is examined, evaluated, or treated
4for a nervous or mental disorder pursuant to
a court order under s. 880.33 (4m) or
5(4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court
6order under s. 51.20
or 880.33 (4m) or (4r), an order under s. 55.14 or 55.19 (3) (e), 7or
an order under ch. 980, then, notwithstanding the limitations regarding
8participating providers, primary providers, and referrals under ss. 609.01 (2) to (4)
9and 609.05 (3), the limited service health organization, preferred provider plan, or
10defined 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
11Section
177. 757.69 (1) (h) of the statutes is amended to read:
AB785,132,2012
757.69
(1) (h) Hear petitions for commitment and conduct probable cause
13hearings under ss. 51.20, 51.45
, 55.13, and
55.06 (11) 55.135, conduct reviews of
14guardianships and protective placements and protective services under chs. 55 and
15880, advise a person alleged to be mentally ill of his or her rights under the United
16States and Wisconsin constitutions
, and, if the person claims or appears to be unable
17to afford counsel, refer the person to the authority for indigency determinations
18specified under s. 977.07 (1) or, if the person is a child, refer that child to the state
19public defender who shall appoint counsel for the child without a determination of
20indigency, 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
1Section
178. 767.24 (7) (b) of the statutes is amended to read:
AB785,133,62
767.24
(7) (b) A parent who has been denied periods of physical placement with
3a child under this section is subject to s. 118.125 (2) (m) with respect to that child's
4school records, s. 51.30 (5) (bm) with respect to the child's court or treatment records,
5s.
55.07 55.23 with respect to the child's records relating to protective services
, and
6s. 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
7Section
179. 808.075 (4) (c) 1. of the statutes is amended to read:
AB785,133,108
808.075
(4) (c) 1.
Review Protective placement review under s. 55.18,
9modification
under s. 55.16, or termination
of protective placement under s.
55.06
10(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
11Section
180. 808.075 (4) (c) 2. of the statutes is amended to read:
AB785,133,1212
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
13Section
181. 808.075 (4) (c) 3. of the statutes is amended to read:
AB785,133,1414
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
15Section
182. 809.30 (1) (b) 5. of the statutes is amended to read:
AB785,133,1716
809.30
(1) (b) 5. Any other person who may appeal under ss. 51.13 (5), 51.20
17(15)
, or
55.06 (18) 55.20.
Note: Changes a cross-reference in current law regarding appeal procedures in
cases under ch. 55, to reflect renumbering and amending of ch. 55.
AB785, s. 183
1Section
183. 809.30 (3) of the statutes is amended to read:
AB785,134,82
809.30
(3) Appeals by state or other party; appointment of counsel. In a case
3in which the state of Wisconsin, the representative of the public, any other party, or
4any person who may appeal under s. 51.13 (5), 51.20 (15)
, or
55.06 (18) 55.20 appeals
5and the person who is the subject of the case or proceeding is a child or claims to be
6indigent, the court shall refer the person who is the subject of the case or proceeding
7to the state public defender for the determination of indigency and the appointment
8of legal counsel under ch. 977.
Note: Changes a cross-reference in current law regarding appeal procedures in
cases under ch. 55, to reflect renumbering and amending of ch. 55.
AB785, s. 184
9Section
184. 813.123 (4) (a) (intro.) of the statutes is amended to read:
AB785,134,1710
813.123
(4) (a) (intro.) Unless the vulnerable adult, guardian or guardian ad
11litem consents in writing and the judge or circuit court commissioner agrees that the
12contact is in the best interests of the vulnerable adult, a judge or circuit court
13commissioner shall issue a temporary restraining order ordering the respondent to
14avoid interference with an investigation of the vulnerable adult under s. 55.043
, or 15the delivery of protective services to
or a protective placement of the vulnerable adult
16under s. 55.05 or a protective placement of the vulnerable adult under
s. 55.06 ch.
1755 if all of the following occur:
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 185
18Section
185. 813.123 (4) (a) 2. of the statutes is amended to read:
AB785,135,219
813.123
(4) (a) 2. The judge or circuit court commissioner finds reasonable
20grounds to believe that the respondent has interfered with
, or
, based on prior conduct
21of the respondent
, may interfere with
, an investigation of the vulnerable adult under
22s. 55.043
, or the delivery of protective services to
or a protective placement of the
1vulnerable adult under
s. 55.05 or a protective placement of the vulnerable adult
2under s. 55.06 ch. 55.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 186
3Section
186. 813.123 (5) (a) (intro.) of the statutes is amended to read:
AB785,135,104
813.123
(5) (a) (intro.) Unless the vulnerable adult, guardian or guardian ad
5litem consents to that contact in writing and the judge agrees that the contact is in
6the best interests of the vulnerable adult, a judge may grant an injunction ordering
7the respondent to avoid interference with an investigation of the vulnerable adult
8under s. 55.043
, or the delivery of protective services to
or a protective placement of 9the vulnerable adult under
s. 55.05 or a protective placement of the vulnerable adult
10under s. 55.06 ch. 55 if all of the following occur:
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 187
11Section
187. 813.123 (5) (a) 3. b. of the statutes is amended to read:
AB785,135,1612
813.123
(5) (a) 3. b. That the respondent has interfered with the delivery
to the
13vulnerable adult of protective services
under s. 55.05 to or a protective placement of
14the vulnerable adult under
s. 55.06 ch. 55 after the offer of services or placement has
15been made and the vulnerable adult or his or her guardian, if any, has consented to
16receipt of the protective services or placement.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 188
17Section
188. 813.123 (6) (c) of the statutes is amended to read:
AB785,135,2118
813.123
(6) (c) That the respondent interfered with
, or
, based on prior conduct
19of the respondent
, may interfere with
, an investigation of the vulnerable adult under
20s. 55.043
, or the delivery of protective services to
the vulnerable adult under s. 55.05 21or a protective placement of the vulnerable adult under
s. 55.06 ch. 55.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 189
1Section
189. 813.123 (7) of the statutes is amended to read:
AB785,136,82
813.123
(7) Interference order. Any order under this section directing a
3person to avoid interference with an investigation of a vulnerable adult under s.
455.043
, or the delivery of protective services to
a vulnerable adult under s. 55.05 or
5a protective placement of a vulnerable adult under
s. 55.06 ch. 55 prohibits the
6person from intentionally preventing a representative or employee of the county
7protective services agency from meeting, communicating
, or being in visual or audio
8contact with the vulnerable adult, except as provided in the order.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 190
9Section
190. 813.123 (11) of the statutes is amended to read:
AB785,136,1610
813.123
(11) Applicability. This section does not apply to vulnerable adults
11who are patients or residents of state-operated or county-operated inpatient
12institutions unless the alleged interference with an investigation of the vulnerable
13adult under s. 55.043 or with the delivery
to the vulnerable adult of protective
14services
under s. 55.05 to or a protective placement of the vulnerable adult under
s.
1555.06 ch. 55 is alleged to have been done by a person other than an employee of the
16inpatient institution.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 191
17Section
191. 851.72 (11) of the statutes is created to read:
AB785,136,2018
851.72
(11) Annually submit to the chief judge of the judicial administrative
19district the statement required under s. 55.18 (5) regarding the completion of annual
20reviews of protective placement orders under s. 55.18 (1).
Note: Requires the register in probate of each county to submit a statement to the
chief judge of the judicial administrative district indicating whether each report and
petition for annual review of protective placement required to be filed by the county
department that year has been filed.
AB785, s. 192
1Section
192. 880.01 (2) of the statutes is amended to read:
AB785,137,102
880.01
(2) "Developmentally disabled person" means any individual having a
3disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
4another neurological condition closely related to mental retardation or requiring
5treatment similar to that required for mentally retarded individuals, which has
6continued or can be expected to continue indefinitely, substantially impairs the
7individual from adequately providing for his or her own care or custody
, and
8constitutes a substantial handicap to the afflicted individual. The term does not
9include a person affected by senility which is primarily caused by the process of aging
10or
the infirmities of aging degenerative brain disorder.
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder."
AB785, s. 193
11Section
193. 880.01 (4) of the statutes is amended to read:
AB785,137,1612
880.01
(4) "Incompetent" means a person adjudged by a court of record to be
13substantially incapable of managing his or her property or caring for himself or
14herself by reason of
infirmities of aging degenerative brain disorder, developmental
15disabilities, or other like incapacities. Physical disability without mental incapacity
16is not sufficient to establish incompetence.
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder."
AB785, s. 194
17Section
194. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended
18to read: