January 2017 Special Session
2017 - 2018 LEGISLATURE
April 3, 2017 - Offered by Representative Nygren.
AB5-AA1,1,11 At the locations indicated, amend the bill as follows:
AB5-AA1,1,5 21. Page 4, line 2: delete lines 2 and 3 and substitute “is characterized by a
3person's use of
one or more drugs that is beyond the person's ability to control to the
4extent that the person's physical health is substantially impaired or his or her social
5or economic”.
AB5-AA1,1,6 62. Page 9, line 8: after “(b) 4." insert “, (c)".
AB5-AA1,1,7 73. Page 17, line 3: after that line insert:
AB5-AA1,2,24 8“(c) Effective and timely notice of the preliminary hearing, together with a copy
9of the petition and supporting affidavits under par. (a), shall be given to the person
10unless he or she has been taken into custody under par. (b), the legal guardian if the
11person is adjudicated incompetent, the person's counsel, corporation counsel in the
12county in which the petition is filed,
and the petitioner. The notice shall include a
13written statement of the person's right to an attorney, the right to trial by jury, the

1right to be examined by a physician, and the standard under which he or she may
2be committed under this section. If the person is taken into custody under par. (b),
3upon arrival at the approved public treatment facility, the person shall be advised
4both orally and in writing of the right to counsel, the right to consult with counsel
5before a request is made to undergo voluntary treatment under sub. (10), the right
6not to converse with examining physicians, psychologists or other personnel, the fact
7that anything said to examining physicians, psychologists or other personnel may be
8used as evidence against him or her at subsequent hearings under this section, the
9right to refuse medication under s. 51.61 (6), the exact time and place of the
10preliminary hearing under par. (d), the right to trial by jury, the right to be examined
11by a physician and of the reasons for detention, and the standards under which he
12or she may be committed prior to all interviews with physicians, psychologists, or
13other personnel. Such notice of rights shall be provided to the person's immediate
14family if they can be located and may be deferred until the person's incapacitated
15condition, if any, has subsided to the point where the person is capable of
16understanding the notice. Under no circumstances may interviews with physicians,
17psychologists, or other personnel be conducted until such notice is given, except that
18the person may be questioned to determine immediate medical needs. The person
19may be detained at the facility to which he or she was admitted or, upon notice to the
20attorney and the court, transferred by the county department to another appropriate
21public or private treatment facility, until discharged under this subsection. A copy
22of the petition and all supporting affidavits shall be given to the person at the time
23notice of rights is given under this paragraph by the superintendent, who shall
24provide a reasonable opportunity for the patient to consult counsel.”.
AB5-AA1,2,2525 (End)