AB279: Bill Text

AB279, s. 107 Section 107. 55.14 (3) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,42,20 55.14 (3) (c) The individual has refused to take the psychotropic medication voluntarily or attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual. If the petition alleges that the individual has refused to take psychotropic medication voluntarily, the petition shall identify the reasons, if known, for the individual's refusal to take psychotropic medication voluntarily. The petition also shall provide evidence showing that a reasonable number of documented attempts to administer psychotropic medication voluntarily using appropriate interventions that could reasonably be expected to increase the individual's willingness to take psychotropic medication voluntarily have been made and have been unsuccessful. If the petition alleges that attempting to administer psychotropic medications to the individual voluntarily is not feasible or is not in the best interests of the individual, the petition shall identify specific reasons supporting that allegation.

AB279, s. 108 Section 108. 55.14 (3) (e) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,43,2 55.14 (3) (e) (intro.) Unless psychotropic medication is administered involuntarily, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The substantial probability of physical harm, impairment, injury, or debilitation shall be evidenced by one of the following:

AB279, s. 109 Section 109. 55.14 (3) (e) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,43,11 55.14 (3) (e) 1. The individual's history of at least 2 episodes, one of which has occurred within the previous 24 months, that indicate a pattern of overt activity, attempts, threats to act, or omissions that resulted from the individual's failure to participate in treatment, including psychotropic medication, and that resulted in a finding of probable cause for commitment under s. 51.20 (7), a settlement agreement approved by a court under s. 51.20 (8) (bg), or commitment ordered under s. 51.20 (13).

AB279, s. 110 Section 110. 55.14 (5) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,43,18 55.14 (5) The guardian ad litem appointed under s. 55.10 (4) (b) for an individual who is the subject of a petition under this section shall report to the court whether the allegations in the petition required under sub. (3) are true, and whether involuntary administration of psychotropic medication is in the best interests of the individual.

AB279, s. 111 Section 111. 55.14 (6) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,44,3 55.14 (6) If requested by an individual who is the subject of a petition under this section or anyone on his or her behalf, the individual has the right at his or her own expense, or if indigent at the expense of the county in which the petition is filed, to secure an independent medical or psychological examination relevant to the issues of whether the allegations in the petition required under sub. (3) are true, and whether involuntary administration of psychotropic medication is in the best interest of the individual, and to present a report of this independent evaluation or the evaluator's personal testimony as evidence at the hearing.

AB279, s. 112 Section 112. 55.14 (7) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,44,8 55.14 (7) Upon the filing of a petition under this section, the court shall appoint counsel as required under s. 55.10 (4) (a). A petition under this section shall be heard within 30 days after it is filed.

AB279, s. 113 Section 113. 55.14 (8) (a) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,44,22 55.14 (8) (a) Direct the development of a treatment plan for the individual specifying the protective services, including psychotropic medication as ordered by the treating physician, that the individual should receive. If the individual resides in a nursing home or hospital, the nursing home or hospital shall develop the treatment plan. If the individual resides elsewhere, the county department or an agency with which it contracts under s. 55.02 (2) shall develop the treatment plan. The treatment plan shall include a plan for the involuntary administration of psychotropic medication to the individual. The treatment plan is subject to the approval of the guardian and to review and approval by the court. If the court approves the plan, the court shall order the county department or an agency with which it contracts under s. 55.02 (2) to ensure that psychotropic medication is administered in accordance with the treatment plan.

AB279, s. 114 Section 114. 55.14 (9) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,45,18 55.14 (9) If an individual who is subject to an order under this section is not in compliance with the order because he or she refuses to take psychotropic medication as ordered under the treatment plan, and it is necessary for the individual to be transported to an appropriate facility for forcible restraint for administration of psychotropic medication, the corporation counsel may file with the court a statement of the facts that constitute the basis of the noncompliance of the individual. The statement shall be sworn to be true and shall be based upon the information and belief of the person filing the statement. The statement shall be signed by the individual's guardian and by the director or designee of the county department or an agency with which it contracts under s. 55.02 (2) to develop and administer the treatment plan. Upon receipt of the statement of noncompliance, if the court finds by clear and convincing evidence that the individual has substantially failed to comply with the administration of psychotropic medication as ordered under the treatment plan, the court may issue an order authorizing the sheriff or any other law enforcement agency in the county in which the individual is found or in which it is believed that the individual may be present to take the individual into custody and transport him or her to an appropriate facility for administration of psychotropic medication using forcible restraint, with consent of the guardian.

AB279, s. 115 Section 115. 55.14 (10) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,45,22 55.14 (10) Nothing in this section prohibits the involuntary administration of psychotropic medication as an emergency protective service under s. 55.13.

AB279, s. 116 Section 116. 55.14 (11) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,46,3 55.14 (11) The county department or an agency with which it contracts under s. 55.02 (2) shall provide to the department a copy of any order issued under this section that applies to any protectively placed individual in the county.

AB279, s. 117 Section 117. 55.15 (2) of the statutes is amended to read:

AB279,46,10 55.15 (2) Who may transfer. A guardian, a county department or agency with which it contracts under s. 55.03 (2) s. 55.02 (2) that provided protective placement to the individual pursuant to the order of the court, the department, or a protective placement facility may transfer an individual under a protective placement order under the requirements of this section, notwithstanding the fact that a court order has named a specific facility for the protective placement of the individual.

AB279, s. 118 Section 118. 55.16 (3) (c) of the statutes is amended to read:

AB279,46,12 55.16 (3) (c) The hearing shall be subject to s. 55.10 (4).

AB279, s. 119 Section 119. 55.17 (1) of the statutes is amended to read:

AB279,46,22 55.17 (1) Petition. An individual, the individual's guardian or guardian ad litem, the department, a county department or agency with which it contracts under s. 55.02 (2), or any other interested person may file a petition at any time for termination of an order for protective placement or protective services. The petition shall be served on the individual; the individual's guardian; the individual's attorney and guardian ad litem, if any; and the county department. The petition shall allege that the individual no longer meets the standards under s. 55.08 (1) for court-ordered protective placement or under s. 55.08 (2) for court-ordered protective services.

AB279, s. 120 Section 120. 55.175 of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,47,9 55.175 Discharge from protective placement. Prior to discharge of an individual from a protective placement, the county department that is responsible for protective placement shall review the need for continuing protective services, continuation of full or limited guardianship, or, if the individual has no guardian, guardianship. If the county department's recommendation includes a course of action for which court approval would be required, the county department shall make the recommendation to the court. Prior to discharge of the individual from any mental health institute or center for the developmentally disabled, the department shall make the review under s. 51.35 (7).

AB279, s. 121 Section 121. 55.18 (1) (b) of the statutes is amended to read:

AB279,47,18 55.18 (1) (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 modification or termination of the individual's protective placement 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 protective placement, the county is not required to initiate a subsequent review of the individual's status under par. (a) until the first day of the 11th month after the date that the court issues a final order after the hearing.

AB279, s. 122 Section 122. 55.18 (2) (a) of the statutes is amended to read:

AB279,47,22 55.18 (2) (a) Review the report filed under sub. (1) (a) 1., the report required under s. 880.38 (3) s. 54.25 (1) (a), and any other relevant reports on the individual's condition and placement.

AB279, s. 123 Section 123. 55.18 (2) (b) 6. of the statutes is amended to read:

AB279,48,3 55.18 (2) (b) 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).

AB279, s. 124 Section 124. 55.18 (2) (f) 4. of the statutes is amended to read:

AB279,48,7 55.18 (2) (f) 4. The individual or the individual's guardian or guardian ad litem requests a full due process hearing under this section that meets the requirements of s. 55.10 for the individual.

AB279, s. 125 Section 125. 55.18 (3) (a) of the statutes is amended to read:

AB279,48,12 55.18 (3) (a) The court that ordered protective placement for an individual under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the report filed under sub. (1) (a) 1., and the report required under s. 880.38 (3) s. 54.25 (1) (a).

AB279, s. 126 Section 126. 55.18 (3) (d) (intro.) of the statutes is amended to read:

AB279,48,19 55.18 (3) (d) (intro.) 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:

AB279, s. 127 Section 127. 55.19 (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,49,2 55.19 Annual review of order authorizing involuntary administration of psychotropic medication. (intro.) All of the following shall be performed annually with respect to any individual who is subject to an order under s. 55.14 or an order initially issued under s. 880.33 (4r), 2003 stats., authorizing involuntary administration of psychotropic medication:

AB279, s. 128 Section 128. 55.19 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,49,18 55.19 (1) (a) (intro.) 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:

AB279, s. 129 Section 129. 55.19 (1) (a) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,49,22 55.19 (1) (a) 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:

AB279,49,24 a. Whether the individual continues to meet the standards for protective services.

AB279,50,2 b. Whether the individual is not competent to refuse psychotropic medication, as defined in s. 55.14 (1) (b).

AB279,50,6 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).

AB279,50,9 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.

AB279,50,12 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.

AB279,50,15 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.

AB279,50,18 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.

AB279, s. 130 Section 130. 55.19 (1) (b) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,51,2 55.19 (1) (b) If, in 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 that meets the requirements of s. 55.10 is provided, or if a hearing under the requirements of s. 55.10 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.

AB279, s. 131 Section 131. 55.19 (1) (bm) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,51,7 55.19 (1) (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.

AB279, s. 132 Section 132. 55.19 (1) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,51,12 55.19 (1) (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.

AB279, s. 133 Section 133. 55.19 (1m) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,51,19 55.19 (1m) 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.

AB279, s. 134 Section 134. 55.19 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,51,22 55.19 (2) (b) 3. The right to an evaluation under sub. (3) (b).

AB279, s. 135 Section 135. 55.19 (2) (b) 5. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,52,3 55.19 (2) (b) 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.

AB279, s. 136 Section 136. 55.19 (2) (b) 6. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,52,8 55.19 (2) (b) 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.

AB279, s. 137 Section 137. 55.19 (2) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,52,12 55.19 (2) (c) Provide the information required under par. (b) to the individual and to the individual's guardian in writing.

AB279, s. 138 Section 138. 55.19 (2) (f) 4. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,52,16 55.19 (2) (f) 4. The individual or the individual's guardian or guardian ad litem requests a hearing that meets the requirements of s. 55.10 for the individual.

AB279, s. 139 Section 139. 55.19 (2) (g) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,52,20 55.19 (2) (g) Certify to the court that he or she has complied with the requirements of pars. (a) to (e).

AB279, s. 140 Section 140. 55.19 (3) (b) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,53,2 55.19 (3) (b) (intro.) 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:

AB279, s. 141 Section 141. 55.19 (3) (bm) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,53,7 55.19 (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 of residence under sub. (1) (a).

AB279, s. 142 Section 142. 55.19 (3) (br) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,53,11 55.19 (3) (br) The court shall order that the county department obtain any other necessary information with respect to the individual.

AB279, s. 143 Section 143. 55.19 (3) (d) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,53,19 55.19 (3) (d) (intro.) The court shall order either a summary hearing or a hearing that meets the requirements of s. 55.10. 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 if any of the following apply:

AB279, s. 144 Section 144. 55.19 (3) (e) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,54,2 55.19 (3) (e) 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 decision the information relied upon as a basis for continuation of 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.

AB279, s. 145 Section 145. 55.19 (3) (e) 2. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,54,13 55.19 (3) (e) 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 decision the information relied upon as a basis for continuation of 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 authorizing the guardian to consent to involuntary administration of psychotropic medication.

AB279, s. 146 Section 146. 55.19 (3) (e) 3. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,54,22 55.19 (3) (e) 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 under s. 55.08 (2) for other protective services that are not currently being provided to the individual, the court may order those protective services for the individual.

AB279, s. 147 Section 147. 55.195 (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,55,3 55.195 Duties of guardian ad litem for protective services reviews. (intro.) In any review of a protective services order made under s. 55.12, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following: