AB451: Bill Text

AB451,23,5 51.35 (2) Transfer of certain developmentally disabled patients. The department may authorize a transfer of a patient from a center for the developmentally disabled to a state treatment facility if the patient is mentally ill and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. to himself or herself or to others in the treatment facility where he or she is present. The department shall file a statement of emergency detention stabilization with the committing court within 24 hours after receiving the person for emergency detention stabilization. The statement shall conform to the requirements specified in s. 51.15 (4).

AB451,25 Section 25. 51.35 (3) (e) of the statutes is amended to read:

AB451,24,3 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility if there is cause to believe that the individual has a mental illness, drug dependency, or developmental disability and exhibits conduct that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or secured residential care center for children and youth shall execute a statement of emergency detention stabilization or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention stabilization or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile correctional facility or secured residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court that directed confinement in the juvenile correctional facility or secured residential care center for children and youth.

AB451,26 Section 26. 51.35 (3) (g) of the statutes is amended to read:

AB451,24,23 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the juvenile correctional facility or secured residential care center for children and youth, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the juvenile correctional facility or secured residential care center for children and youth within 48 hours after submission of the request unless a statement is filed for emergency detention stabilization or a petition is filed for emergency commitment, involuntary commitment, or protective placement.

AB451,27 Section 27. 51.35 (8) (b) of the statutes is amended to read:

AB451,25,6 51.35 (8) (b) If a patient or resident who is detained for stabilization under s. 51.15, committed under s. 51.20 or transferred under sub. (3) does not return to the treatment facility by the time designated in the granting of the home visit or leave, the director of the treatment facility may request the sheriff of the county in which the individual is found to return the individual to the facility. The sheriff shall act in accordance with s. 51.39.

AB451,28 Section 28. 51.37 (5) (b) of the statutes is amended to read:

AB451,26,2 51.37 (5) (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention stabilization or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention stabilization procedure in s. 51.15 or the emergency commitment procedure in s. 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.

AB451,29 Section 29. 51.42 (3) (ar) 4. d. of the statutes is amended to read:

AB451,26,13 51.42 (3) (ar) 4. d. Related research and staff in-service training, including periodic training on emergency detention stabilization procedures under s. 51.15, emergency protective services under s. 55.13, and emergency protective placement procedures under s. 55.135, for persons within the jurisdiction of the county department of community programs who are authorized to take individuals into custody under ss. 51.15 and 55.135. In developing in-service training on emergency detention stabilization and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under s. 51.437 in counties where these departments are separate.

AB451,30 Section 30. 55.135 (6) of the statutes is amended to read:

AB451,26,21 55.135 (6) A law enforcement agency, fire department, or county department or agency with which it contracts under s. 55.02 (2) shall designate at least one employee authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention stabilization and emergency protective placement offered by a county department of community programs under s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the designated employee's jurisdiction offers an in-service training program.

AB451,31 Section 31. 154.13 (2) (c) of the statutes is amended to read:

AB451,27,2 154.13 (2) (c) The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the declarant, for emergency detention stabilization under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

AB451,32 Section 32. 155.65 (2) (c) of the statutes is amended to read:

AB451,27,7 155.65 (2) (c) The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the principal, for emergency detention stabilization under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

AB451,33 Section 33. 165.85 (4) (b) 1d. b. of the statutes is amended to read:

AB451,27,16 165.85 (4) (b) 1d. b. Training on emergency detention stabilization standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 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 stabilization and emergency protective placement standards, making emergency detentions stabilizations and emergency protective placements, and locating appropriate facilities for the emergency detentions stabilizations and emergency protective placements of persons.

AB451,34 Section 34. 165.86 (2) (b) of the statutes is amended to read:

AB451,28,7 165.86 (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 stabilization of persons under s. 51.15 and emergency protective placement under s. 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 stabilization 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.

AB451,35 Section 35. 609.65 (1) (intro.) of the statutes is amended to read:

AB451,28,18 609.65 (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 stabilization under s. 51.15, a commitment or a court order under s. 51.20, an order for protective placement or protective services under ch. 55, 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:

AB451,36 Section 36. 609.65 (1) (b) 2. of the statutes is amended to read:

AB451,28,24 609.65 (1) (b) 2. The service is provided pursuant to an emergency detention stabilization under s. 51.15 or on an emergency basis to a person who is committed under s. 51.20 and the provider notifies the limited service health organization, preferred provider plan, or defined network plan within 72 hours after the initial provision of the service.

AB451,37 Section 37. 938.20 (5) (title) of the statutes is amended to read:

AB451,29,1 938.20 (5) (title) Emergency detention stabilization of juvenile.

AB451,38 Section 38. 977.05 (4) (i) 4. of the statutes is amended to read:

AB451,29,4 977.05 (4) (i) 4. Cases involving persons subject to emergency detention stabilization or involuntary civil commitment under ch. 51.

AB451,29,5 (End)