292,29
Section 29
. 51.37 (5) (a) and (b) of the statutes are amended to read:
51.37 (5) (a) When a licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as provided described in s. 51.20 (1), or is an alcoholic and is dangerous as provided described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health and social services consents. If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the individual's sentence.
(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 defined 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 or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social 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 procedure in s. 51.15 or 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.
292,30
Section 30
. 51.37 (5) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
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. of physical harm to himself or herself or to others, 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 or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social 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 procedure in s. 51.15 or 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.
292,30g
Section 30g. 51.61 (1) (g) 2. of the statutes is amended to read:
51.61 (1) (g) 2. At or after the hearing to determine probable cause for commitment but prior to the final commitment order, other than for a subject individual who is alleged to meet the commitment standard under s. 51.20 (1) (a) 2. e., the court shall, upon the motion of any interested person, and may, upon its own motion, hold a hearing to determine whether there is probable cause to believe that the individual is not competent to refuse medication or treatment and whether the medication or treatment will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for or participate in subsequent legal proceedings. If the court determines that there is probable cause to believe the allegations under this subdivision, the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. The order shall apply to the period between the date of the issuance of the order and the date of the final order under s. 51.20 (13), unless the court dismisses the petition for commitment or specifies a shorter period. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial.
292,30h
Section 30h. 51.61 (1) (g) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
51.61 (1) (g) 2. At or after the hearing to determine probable cause for commitment but prior to the final commitment order, the court shall, upon the motion of any interested person, and may, upon its own motion, hold a hearing to determine whether there is probable cause to believe that the individual is not competent to refuse medication or treatment and whether the medication or treatment will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for or participate in subsequent legal proceedings. If the court determines that there is probable cause to believe the allegations under this subdivision, the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. The order shall apply to the period between the date of the issuance of the order and the date of the final order under s. 51.20 (13), unless the court dismisses the petition for commitment or specifies a shorter period. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial.
292,31
Section 31
. 51.61 (1) (g) 3. of the statutes is amended to read:
51.61 (1) (g) 3. Following a final commitment order
, other than for a subject individual who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.
292,32
Section 32
. 51.61 (1) (g) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
51.61 (1) (g) 3. Following a final commitment order, have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.
292,33
Section 33
. 51.61 (1) (g) 3m. of the statutes is created to read:
51.61 (1) (g) 3m. Following a final commitment order for a subject individual who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. This subdivision does not apply after the last day of the 59th month commencing after the effective date of this subdivision .... [revisor inserts date].
292,34
Section 34
. 165.017 of the statutes is created to read:
165.017 Review of certain detentions or petitions for commitment. (1) The attorney general or his or her designee shall review and approve or disapprove all proposed emergency detentions or emergency detentions of individuals as specified under s. 51.15 (1) (c) 1.
(2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.
(3) Subsection (1) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.15 (1) (a) 5. or of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.15 (1) (a) 5. or s. 51.20 (1) (a) 2. e.
(4) Subsection (2) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.20 (1) (a) 2. e.
(5) This section does not apply after the last day of the 59th month commencing after the effective date of this subsection .... [revisor inserts date].
292,35
Section 35
.
Nonstatutory provisions; health and social services.
(1) Report. The department of health and social services shall prepare a report summarizing the number of individuals transferred to a state treatment facility under sections 51.35 (2) and (3) (e) and 51.37 (5) (b) of the statutes, and submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes by the first day of the 28th month beginning after the effective date of this subsection.
(2) Report; data collection.
By February 15, 1996, the department of health and social services shall submit to the joint committee on finance a report on the costs of implementing the data collection requirements under section 51.03 (3) of the statutes, as created by this act. The report shall include information on all of the following:
(a) The estimated costs of collecting and analyzing the data.
(b) How the requirements under section 51.03 (3) of the statutes, as created by this act, could be modified to reduce these costs.
(c) The extent to which current staff and other resources in the department could be reallocated to meet the requirements under section 51.03 (3) of the statutes, as created by this act.
292,35m
Section 35m.
Nonstatutory provisions; justice.
(1) Review of certain emergency detentions and certain petitions. The authorized FTE positions for the department of justice are increased by 1.5 GPR project positions to review and approve or disapprove certain proposed emergency detentions or emergency detentions, as required under section 51.15 (1) (c) 1. and 2. of the statutes, as created by this act, and certain proposed petitions, or petitions, as required under section 51.20 (1) (ad) 1. of the statutes, as created by this act, for the period beginning on July 1, 1996, and ending on June 30, 1998, to be funded from the appropriation under section 20.455 (1) (a) of the statutes.
292,35n
Section 35n.
Appropriation changes; justice.
(1) Review of certain emergency detentions and certain petitions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $80,200 for fiscal year 1996-97 to fund 1.5 FTE GPR project positions authorized under Section 35m (1) of this act.
292,36
Section 36
.
Initial applicability.
(1) This act first applies to the taking of a child or adult into custody under section 51.15 (1) of the statutes on the effective date of this subsection, to proceedings in which a petition is filed under section 51.20 (1) of the statutes on the effective date of this subsection and to proceedings in which an application for extension of a commitment has been made under section 51.20 (13) (g) 3. of the statutes on the effective date of this subsection.
292,37
Section 37
.
Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:
(1) The repeal and recreation of sections 51.15 (1) (a) (intro.), (4) (a) and (5), 51.20 (1) (a) 1. and (am), (7) (d) and (13) (dm), 51.35 (3) (c) and (e), 51.37 (5) (b) and 51.61 (1) (g) 2. and 3. of the statutes takes effect on the first day of the 67th month beginning after publication.
(2) The treatment of section 51.03 (3) of the statutes takes effect on the first day of the 4th month beginning after publication.
