2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Representatives Tittl, James, Dittrich, Moses,
Murphy, Mursau, Rozar, Skowronski and Wichgers, cosponsored by
Senators Jacque and Marklein. Referred to Committee on Corrections.
AB228,1,3 1An Act to amend 51.15 (5) of the statutes; relating to: excluding time for
2evaluation and treatment of certain medical conditions from the time limit for
3emergency detention without a hearing.
Analysis by the Legislative Reference Bureau
Current law establishes a procedure for emergency detention of an individual
who is believed to be mentally ill, drug dependent, or developmentally disabled and
who demonstrates a substantial probability of physical harm to himself or herself or
others or impairment or injury to himself or herself due to impaired judgment, or
inability to satisfy certain basic needs due to mental illness. Currently, in Milwaukee
County, the treatment director of a facility has 24 hours from the time the individual
is delivered to the facility to determine whether or not the individual must be
detained for purposes of emergency detention. Once the treatment director makes
a determination that an individual is being detained, the individual may not be
detained for longer than 72 hours without a court hearing. The 24-hour period in
which the treatment director must make the determination may be extended by any
period that the determination is delayed that is directly attributable to evaluation
or stabilizing treatment of nonpsychiatric medical conditions. Currently, in counties
other than Milwaukee County, there is no 24-hour period for determination by a
treatment director, and the 72-hour period during which the individual may be held
without a hearing begins when the individual is taken into custody by law
enforcement or another authorized person and continues upon transfer of the
individual to the treatment facility. This bill excludes from the 72-hour time limit

that an individual may be detained without a hearing for the purposes of emergency
detention any period during which the individual's behavior is not observable that
is directly attributable to evaluation or stabilizing treatment of a nonpsychiatric
medical condition.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB228,1 1Section 1. 51.15 (5) of the statutes is amended to read:
AB228,3,62 51.15 (5) Detention procedure; other counties. In counties having a
3population of less than 750,000, the law enforcement officer or other person
4authorized to take a child into custody under ch. 48 or to take a juvenile into custody
5under ch. 938 shall sign a statement of emergency detention that shall provide
6detailed specific information concerning the recent overt act, attempt, or threat to
7act or omission on which the belief under sub. (1) is based and the names of persons
8observing or reporting the recent overt act, attempt, or threat to act or omission. The
9law enforcement officer or other person is not required to designate in the statement
10whether the subject individual is mentally ill, developmentally disabled, or drug
11dependent, but shall allege that he or she has cause to believe that the individual
12evidences one or more of these conditions. The statement of emergency detention
13shall be filed by the officer or other person with the detention facility at the time of
14admission, and with the court immediately thereafter. The filing of the statement
15has the same effect as a petition for commitment under s. 51.20. When, upon the
16advice of the treatment staff, the director of a facility specified in sub. (2) (d)
17determines that the grounds for detention no longer exist, he or she shall discharge
18the individual detained under this section. Unless a hearing is held under s. 51.20
19(7) or 55.135, the subject individual may not be detained by the law enforcement
20officer or other person and the facility for more than a total of 72 hours after the

1individual is taken into custody for the purposes of emergency detention, exclusive
2of Saturdays, Sundays, and legal holidays. When calculating the 72 hours for which
3an individual may be detained under this subsection, any period during which the
4individual's behavior is not observable that is directly attributable to evaluation or
5stabilizing treatment of a nonpsychiatric medical condition of the individual is
6excluded from the calculation.
AB228,3,77 (End)