AB785: Bill Text

Note: Replaces the term "infirmities of aging" with the term "degenerative brain disorder" and amends cross-references to reflect renumbering and amendment of ch. 55, in the statute that establishes certain crimes related to the maltreatment of vulnerable adults.

AB785, s. 225 Section 225. 940.295 (1) (hm) of the statutes is renumbered 940.295 (1) (cg) and amended to read:

AB785,149,4 940.295 (1) (cg) "Infirmities of aging Degenerative brain disorder" has the meaning given in s. 55.01 (3) (1v).

Note: Replaces the term "infirmities of aging" with the term "degenerative brain disorder" and amends a cross-reference to reflect renumbering and amendment of ch. 55, in the statute that establishes crimes related to the abuse and neglect of patients and residents of certain facilities.

AB785, s. 226 Section 226. 940.295 (1) (t) (intro.) of the statutes is amended to read:

AB785,149,8 940.295 (1) (t) (intro.) "Vulnerable person" means any person who either is a developmentally disabled person or has infirmities of aging degenerative brain disorder, mental illness or other like incapacities and who is:

Note: Replaces the term "infirmities of aging" with the term "degenerative brain disorder" in the statute that establishes crimes related to the abuse and neglect of patients and residents of certain facilities.

AB785, s. 227 Section 227. 971.14 (6) (b) of the statutes is amended to read:

AB785,150,7 971.14 (6) (b) When the court discharges a defendant from commitment under par. (a), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by s. 51.15, 51.45 (11), or 55.06 (11) 55.135, as appropriate. The district attorney or corporation counsel may prepare a statement meeting the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.06 (11) 55.135 based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given to the director of the facility to which the defendant is delivered and filed with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending, where it shall suffice, without corroboration by other petitioners, as a petition for commitment under s. 51.20, or 51.45 (13) or 55.06 (2) a petition for protective placement under s. 55.075. This section does not restrict the power of the branch of circuit court in which the petition is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed days spent in custody under s. 973.155.

Note: Amends cross-references to reflect renumbering and amendment of ch. 55 in a provision of current law pertaining to detention of a criminal defendant found to be incompetent.

AB785, s. 228 Section 228. 977.05 (4) (i) 8. of the statutes is created to read:

AB785,150,10 977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for protective placement under ch. 55.

Note: Requires the state public defender to provide legal services in cases involving individuals who are subject to petitions for protective placement.

AB785, s. 229 Section 229. Nonstatutory provisions.

AB785,150,18 (1) Review of order; involuntary administration of psychotropic medication. For an individual who is subject to an order appointing a guardian under section 880.33 (4m), 2003 stats., and to an order initially issued under section 880.33 (4r), 2003 stats., that is in effect on the effective date of this subsection, the county department of the individual's county of residence shall, no later than 9 months after the effective date of this subsection, review the individual's status under the requirements of section 55.19 of the statutes, as created by this act.

AB785,151,2 (2) Transition; involuntary administration of psychotropic medication. Notwithstanding the treatment of sections 55.05 (2) (d) and 880.33 (4m) and (4r) of the statutes by this act, all orders issued under sections 55.05 (2) (d), 2003 stats., and 880.33 (4m) and (4r), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified or terminated by a court order under section 55.16, 55.17, or 55.19 of the statutes, as created by this act.

AB785,151,9 (3) Transition; orders for protective placement and protective services. Notwithstanding the treatment of sections 55.05 and 55.06 of the statutes by this act, all orders issued under section 55.05 (2) (d), 2003 stats., or section 55.06 (9) (a) or (11) (c), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified or terminated by a court order under section 55.16, 55.17, 55.18, or 55.19 of the statutes, as created by this act or section 55.175 or 55.20 of the statutes, as affected by this act.

AB785,151,14 (4) Rules; involuntary administration of psychotropic medication. The department of health and family services shall submit in proposed form the rules required under section 50.02 (2) (ad) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB785, s. 230 Section 230. Initial applicability.

AB785,151,24 (1) Emergency protective services or emergency and temporary protective placement. The treatment of sections 46.011 (2), 46.10 (2), 46.279 (4) (e) and (5), 49.001 (5m), 49.45 (30m) (b), 51.15 (5), 51.39, 51.40 (2) (a) 2., 51.42 (1) (b) and (3) (ar) 4. d., 51.437 (4) (c), 55.02 (2) (b) 4., 55.043 (4) (b), 55.05 (3), (4) (title), (a), (b), and (c), and (5) (c) 2. and 3., 55.06 (1) (intro.) and (d), (11) (a), (am), (ar), (b), (c), and (d), and (12), 55.13 (2) and (3), 55.135 (title), 165.85 (4) (b) 1d. b., 165.86 (2) (b), 301.01 (2) (intro.), 757.69 (1) (h), 880.38 (1), and 971.14 (6) (b) of the statutes first applies to emergency protective services provided and emergency and temporary protective placements made on the effective date of this subsection.

AB785,152,12 (2) Protective placement or protective services. The treatment of sections 46.10 (2), 46.275 (4) (b) 1., 46.279 (2), (4) (c), (d), and (e), 49.001 (8), 49.45 (30m) (b), 50.03 (5m) (c), 51.20 (1) (am), 51.39, 51.40 (2) (a) 1., 55.001, 55.01 (1d), (4g), (4t), (6), (6m), (6p), (6r), (6t), (6v), (6x), and (6y), 55.02, 55.03, 55.04 (title), (1), (2), (3), and (4), 55.045, 55.05 (3), and (5) (b) 2. and (c) 3., 55.055 (2), 55.06 (1) (intro.), (a), (b), (c), and (d), (2) (intro.), (a), (b), (c), and (d), (3) (a), (b), and (c), (4), (5), (5m), (6), (7), (8) (intro.), (a), (b), and (c), (9) (a), (11) (b) and (c), (15), (16), and (18), 55.075, 55.08, 55.09, 55.10, 55.11, 55.12, 609.65 (1) (intro.), 809.30 (1) (b) 5. and (3), 880.07 (2m), 880.33 (2) (a) 2., (3), and (7), 880.331 (1), and (5) (intro.), 971.14 (6) (b), and 977.05 (4) (i) 8. of the statutes, the renumbering and amendment of section 55.01 (4) of the statutes, and the creation of section 55.01 (4) (c) of the statutes first apply to petitions for protective placement or protective services brought on the effective date of this subsection.

AB785,152,19 (3) Diagnoses of serious and persistent mental illness. The treatment of sections 46.27 (6r) (b) 2., 49.43 (10v), 49.45 (6m) (i) 2. and (25) (am) 2., 51.01 (3g) and (3s), 51.20 (7) (d) 1. (intro.) and b., 51.35 (4m) (intro.), 51.40 (2) (intro.), 51.421 (1), (2), and (3) (c), 51.67 (intro.) and (2), 55.001, 55.01 (6r) and (6v), 55.06 (2) (c), and (11) (a), 55.08 (2) (b), 560.9811 (1) and (2), and 880.01 (7m) of the statutes first applies to diagnoses of serious and persistent mental illness made on the effective date of this subsection.

AB785,152,25 (4) Diagnoses of degenerative brain disorder. The treatment of sections 46.286 (1) (intro.) and (3) (a) (intro.), 46.90 (1) (c) and (d), 51.01 (2g) (b), (3g), and (5) (a), 55.001, 55.01 (1v), (2), (3), and (6r), 55.06 (2) (c) and (11) (a), 55.08 (2) (b), 880.01 (2), (4), (5), and (7m), 940.285 (1) (a), (b), and (e) (intro.), and 940.295 (1) (hm) and (t) (intro.) of the statutes first applies to diagnoses of degenerative brain disorder made on the effective date of this subsection.

AB785,153,3 (5) Request for voluntary protective services. The treatment of sections 55.05 (title), (2) (intro.), (a), (b), and (c), and (3) of the statutes first applies to a request made on the effective date of this subsection.

AB785,153,7 (6) Admissions. The treatment of sections 46.10 (2), 51.10 (4m) (a) (intro.), 51.10 (8), 51.39, 55.05 (5) (title), (a), (b) 1. and 2., (c) (intro.), 1., 2., and 3. and (d), 55.055 (1) (c) and (d) and (2), 55.06 (1) (d) and (12), and 880.38 (1) of the statutes first applies to admissions made on the effective date of this subsection.

AB785,153,13 (7) Involuntary administration of psychotropic medication. The treatment of sections 55.05 (2) (d), 55.09 (3), 55.10 (4) (a), 55.14, 55.16 (2) (c) 2., 55.17 (4) (b), 55.18 (1) (bm), 609.65 (1) (intro.), 880.01 (7m) and (8m), 880.07 (1m), 880.33 (1), (2) (a) 1. and 2., (d), (e), and (f), (4m), and (4r), 880.34 (6), and 880.38 (2) of the statutes first applies to a petition for the involuntary administration of psychotropic medication brought on the effective date of this subsection.

AB785,153,18 (8) Annual review of order for protective placements. The treatment of sections 46.279 (2), (3), and (4) (d), 49.45 (30m) (c) 2., 55.02 (2) (b) 3., 55.06 (4) and (10) (a) 1. and 2., 55.18, 609.65 (1) (intro.), 808.075 (4) (c) 1., 851.72 (11), 880.331 (1) and (5) (intro.), and 880.38 (3) of the statutes first applies to a review conducted on the effective date of this subsection.

AB785,153,22 (9) Protective placement transfer. The treatment of sections 20.435 (2) (gk), 51.39, 55.06 (9) (b), (c), (d), and (e), 55.15, and 808.075 (4) (c) 2. of the statutes first applies to a transfer of an individual under a protective placement order made on the effective date of this subsection.

AB785,154,2 (10) Modification of orders for protective placement or protective services. The treatment of sections 55.16 and 808.075 (4) (c) 1. of the statutes first applies to a petition for modification of an order for protective placement or protective services brought on the effective date of this subsection.

AB785,154,7 (11) Termination of protective placements or protective services. The treatment of sections 55.06 (10) (b) and (c) and (14), 55.17, 808.075 (4) (c) 1., and 880.331 (1) of the statutes first applies to a petition for termination of an order for protective placement or protective services brought on the effective date of this subsection.

AB785,154,12 (12) Petitions for guardianship. The treatment of sections 880.07 (1m) and (2m), 880.08 (1), 880.24 (3) (a) and (b), 880.33 (2) (a) 1. and 2., (d), (e), and (f), (3), (4m), (4r), (6), and (7), 880.331 (4) (am), (ar), (dm), (dr), and (ds), 880.34 (6), and 880.38 (1), (2), (3), and (4) of the statutes first applies to petitions for guardianship made on the effective date of this subsection.

AB785,154,15 (13) Admissions of incapacitated individuals. The treatment of section 50.06 (2) (c) and (d) of the statutes first applies to an admission of an incapacitated individual made on the effective date of this subsection.

AB785,154,20 (14) Investigations by county protective services agencies. The treatment of sections 55.043 (1) (a) (intro.), 1., and 3. and (b) 1. and 2. a. and b. and (4) (a) and (b) and 813.123 (4) (a) (intro.) and 2., (5) (a) (intro.) and 3. b., (6) (c), (7), and (11) of the statutes first applies to conduct of an investigation made on the effective date of this subsection.

AB785,154,24 (15) Records. The treatment of sections 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7) (b), 46.284 (7) (b), 51.42 (3) (e), 51.437 (4r) (b), 55.06 (17), 55.22 (title), 767.24 (7) (b), and 880.33 (6) of the statutes first applies to a record made on the effective date of this subsection.

AB785,154,25 (End)