SB391-SSA1,117,84 (e) Unless psychotropic medication is administered involuntarily, the
5individual will incur a substantial probability of physical harm, impairment, injury,
6or debilitation or will present a substantial probability of physical harm to others.
7The substantial probability of physical harm, impairment, injury, or debilitation
8shall be evidenced by one of the following:
SB391-SSA1,117,149 1. The individual's history of at least 2 episodes, one of which has occurred
10within the previous 24 months, that indicate a pattern of overt activity, attempts,
11threats to act, or omissions that resulted from the individual's failure to participate
12in treatment, including psychotropic medication, and that resulted in a finding of
13probable cause for commitment under s. 51.20 (7), a settlement agreement approved
14by a court under s. 51.20 (8) (b), or commitment ordered under s. 51.20 (13).
SB391-SSA1,117,1615 2. Evidence that the individual meets one of the dangerousness criteria set
16forth in s. 51.20 (1) (a) 2. a. to e.
SB391-SSA1,117,21 17(4) A petition under this section must include a written statement signed by
18a physician who has personal knowledge of the individual that provides general
19clinical information regarding the appropriate use of psychotropic medication for the
20individual's condition and specific data that indicates that the individual's current
21condition necessitates the use of psychotropic medication.
SB391-SSA1,117,25 22(5) The guardian ad litem appointed under s. 55.06 (6) for an individual who
23is the subject of a petition under this section shall report to the court whether the
24allegations in the petition required under sub. (3) are true, and whether involuntary
25administration of psychotropic medication is in the best interests of the individual.
SB391-SSA1,118,8
1(6) If requested by an individual who is the subject of a petition under this
2section or anyone on his or her behalf, the individual has the right at his or her own
3expense, or if indigent at the expense of the county in which the petition is filed, to
4secure an independent medical or psychological examination relevant to the issue of
5whether the allegations in the petition required under sub. (3) are true and whether
6involuntary administration of psychotropic medication is in the best interest of the
7individual, and to present a report of this independent evaluation or the evaluator's
8personal testimony as evidence at the hearing.
SB391-SSA1,118,11 9(7) Upon the filing of a petition under this section, the court shall appoint
10counsel. A petition under this section shall be heard under s. 55.06 within 30 days
11after it is filed.
SB391-SSA1,118,21 12(8) The court may issue an order authorizing an individual's guardian to
13consent to involuntary administration of psychotropic medication to the individual
14and may order involuntary administration of psychotropic medication to the
15individual as a protective service, with the guardian's consent if the court or jury
16finds by clear and convincing evidence that the allegations in the petition required
17under sub. (3) are true, all other requirements for involuntary administration of
18psychotropic medication under this section have been met, psychotropic medication
19is necessary for treating the condition described in the statement under sub. (4), and
20all other requirements of this chapter for ordering protective services have been met.
21An order under this section shall do all of the following:
SB391-SSA1,119,822 (a) Direct the development of a treatment plan for the individual specifying the
23protective services, including psychotropic medication as ordered by the treating
24physician, that the individual should receive. If the individual resides in a nursing
25home or hospital, the nursing home or hospital shall develop the treatment plan. If

1the individual resides elsewhere, the county department or an agency with which it
2contracts shall develop the treatment plan. The treatment plan shall include a plan
3for the involuntary administration of psychotropic medication to the individual. The
4treatment plan is subject to the approval of the guardian and to review and approval
5by the court. If the court approves the plan, the court shall order the county
6department or an agency with which it contracts to ensure that protective services,
7including psychotropic medication, are administered in accordance with the
8treatment plan.
SB391-SSA1,119,199 (b) Order the individual to comply with the treatment plan under par. (a). The
10order shall provide that if the individual fails to comply with provisions of the
11treatment plan that require the individual to take psychotropic medications, the
12medications may be administered involuntarily with consent of the guardian. The
13order shall specify the methods of involuntary administration of psychotropic
14medication to which the guardian may consent. An order authorizing the forcible
15restraint of an individual shall specify that a person licensed under s. 441.06, 441.10,
16or 448.05 (2) or (5) shall be present at all times that psychotropic medication is
17administered in this manner and shall require the person or facility using forcible
18restraint to maintain records stating the date of each administration, the medication
19administered, and the method of forcible restraint utilized.
SB391-SSA1,120,12 20(9) If an individual who is subject to an order under this section is not in
21compliance with the order because he or she refuses to take psychotropic medication
22as ordered under the treatment plan, and it is necessary for the individual to be
23transported to an appropriate facility for forcible restraint for administration of
24psychotropic medication, the corporation counsel shall file with the court a
25statement of the facts which constitute basis for the noncompliance of the individual.

1The statement shall be sworn to be true and shall be based upon the information and
2belief of the person filing the statement. The statement shall be signed by the
3individual's guardian and by the director or designee of the county department or an
4agency with which it contracts to develop and administer the treatment plan. Upon
5receipt of the statement of noncompliance, if the court finds by clear and convincing
6evidence that the individual has substantially failed to comply with the
7administration of psychotropic medication as ordered under the treatment plan, the
8court may issue an order authorizing the sheriff or any other law enforcement agency
9in the county in which the individual is found or in which it is believed that the
10individual may be present to take the individual into custody and transport him or
11her to an appropriate facility for administration of psychotropic medication using
12forcible restraint, with consent of the guardian.
SB391-SSA1,120,14 13(10) Nothing in this section prohibits the involuntary administration of
14psychotropic medication as an emergency protective service under this chapter.
SB391-SSA1,120,17 15(11) The county department or an agency with which it contracts shall provide
16to the department a copy of any order issued under this section that applies to any
17protectively placed individual in the county.
SB391-SSA1,120,19 18(12) The department shall annually submit to the legislature under s. 13.172
19(2) a report regarding orders under this section.
SB391-SSA1,120,20 20(13) An order under this section is subject to annual review under s. 55.19.
SB391-SSA1, s. 122 21Section 122. 55.19 of the statutes is created to read:
SB391-SSA1,121,2 2255.19 Annual review of order authorizing involuntary administration
23of psychotropic medication.
In addition to or in conjunction with the annual
24review required under s. 55.06 (10), all of the following shall be performed with
25respect to any individual who is subject to an order under s. 55.14 or an order initially

1issued under s. 880.33 (4r), 2003 stats., authorizing involuntary administration of
2psychotropic medication:
SB391-SSA1,121,16 3(1) County department performance of review. (a) The county department
4of the individual's county of residence shall, except as provided in sub. (1m), review,
5in compliance with the requirements of this section, the status of each individual who
6is the subject of the order. The review shall include a visit to the individual and a
7written evaluation of the physical, mental, and social condition of the individual that
8is relevant to the issue of the continued need for the order. The review shall be made
9a part of the permanent record of the individual. The county department shall inform
10the guardian of the individual of the review at the time the review is made and shall
11invite the individual and the guardian to submit comments or information
12concerning the individual's need for involuntary administration of psychotropic
13medication or other protective services before completing a report of the review. Not
14later than the first day of the 11th month after the initial order is made for an
15individual, except as provided in par. (b), and at least annually thereafter, the county
16department shall do all of the following:
SB391-SSA1,121,1717 1. File a report of the review with the court that issued the order.
SB391-SSA1,121,1918 2. File with the court under subd. 1. a petition for annual review by the court
19of the order.
SB391-SSA1,121,2120 3. Provide the report under subd. 1. to the individual and the guardian of the
21individual.
SB391-SSA1,122,322 (b) If, in an annual review of an individual's status under par. (a), the individual
23or the individual's guardian or guardian ad litem requests termination of the order
24and a full due process hearing is provided, or if a full due process hearing is provided
25under a petition for modification or termination of the order, the county department

1is not required to initiate a subsequent review under par. (a) until the first day of the
211th month after the date that the court issues a final order after the full due process
3hearing.
SB391-SSA1,122,64 (bm) If the individual is subject to a protective placement order, the review
5under par. (a) shall be conducted simultaneously with any review of the individual's
6protective placement.
SB391-SSA1,122,107 (c) The review under par. (a) may not be conducted by a person who is an
8employee of a facility in which the individual resides or from which the individual
9receives services. The report of the review shall include information on all of the
10following:
SB391-SSA1,122,1211 1. Whether the individual continues to meet the standards for protective
12services.
SB391-SSA1,122,1413 2. Whether the individual is not competent to refuse psychotropic medication,
14as defined in s. 55.14 (1) (b).
SB391-SSA1,122,1815 3. Whether the individual continues to refuse to take psychotropic medication
16voluntarily or attempting to administer psychotropic medication to the individual
17voluntarily is not feasible or is not in the best interests of the individual, as specified
18in s. 55.14 (3) (c).
SB391-SSA1,122,2119 4. Whether the individual's condition for which psychotropic medication has
20been prescribed has been improved by psychotropic medication and the individual
21has responded positively to psychotropic medication.
SB391-SSA1,122,2422 5. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual meet one
23of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the
24individual continues to meet the criterion.
SB391-SSA1,123,3
16. The comments of the individual and the individual's guardian during the
2performance of the review, as summarized by the county department, and the
3response of the county department to the comments.
SB391-SSA1,123,64 7. The comments, if any, of a staff member at the facility at which the individual
5is placed or receives services or at which psychotropic medication is administered to
6the individual that are relevant to the review of the continued need for the order.
SB391-SSA1,123,11 7(1m) County agreement. The county of residence of an individual who is
8subject to an order under s. 55.14 and is protectively placed in a different county may
9enter into an agreement with that county under which the county of the individual's
10placement performs all or part of the duties of the county of residence under this
11section.
SB391-SSA1,123,15 12(2) Guardian ad litem appointment and report. After a county department has
13filed a report with a court under sub. (1) (a) 1., the court shall appoint a guardian ad
14litem in accordance with s. 757.48 (1). The guardian ad litem shall do all of the
15following:
SB391-SSA1,123,1716 (a) Review the report filed under sub. (1) (a) 1. and any other relevant reports
17on the individual's condition and continued need for the order under s. 55.14.
SB391-SSA1,123,1918 (b) Meet with the individual and contact the individual's guardian and orally
19explain to the individual and guardian all of the following:
SB391-SSA1,123,2120 1. The procedure for review of an order for involuntary administration of
21psychotropic medication.
SB391-SSA1,123,2222 2. The right of the individual to appointment of legal counsel under sub. (3) (c).
SB391-SSA1,123,2323 3. That the court may under sub. (3) (b) 1. order performance of an evaluation.
SB391-SSA1,123,2424 4. The contents of the report under sub. (1) (a) 1.
SB391-SSA1,124,2
15. That a termination of the order for involuntary administration of
2psychotropic medication may be ordered by the court.
SB391-SSA1,124,33 6. The right to a full due process hearing under sub. (3) (d).
SB391-SSA1,124,44 (c) Provide the information required under par. (b) to the individual in writing.
SB391-SSA1,124,55 (d) Review the individual's condition and rights with the individual's guardian.
SB391-SSA1,124,76 (e) Ascertain whether the individual wishes to exercise any of his or her rights
7under sub. (3) (b), (c), or (d).
SB391-SSA1,124,128 (f) Within 30 days after appointment, file with the court a written report based
9on information obtained under this subsection and any other evaluations or records
10of the individual. The report shall discuss whether the individual appears to
11continue to meet the standards for an order under s. 55.14. The report shall also state
12whether any of the following apply:
SB391-SSA1,124,1413 1. An evaluation under sub. (3) (b) is requested by the guardian ad litem, the
14individual, or the individual's guardian.
SB391-SSA1,124,1615 2. The individual or the individual's guardian requests termination of the order
16under s. 55.14.
SB391-SSA1,124,1817 3. The individual or the individual's guardian requests or the guardian ad litem
18recommends that legal counsel be appointed for the individual.
SB391-SSA1,124,2019 4. The individual or his or her guardian or guardian ad litem requests a full due
20process hearing under this section for the individual.
SB391-SSA1,124,2221 (g) Certify to the court that he or she has complied with the requirements of
22pars. (b), (c), and (d).
SB391-SSA1,124,25 23(3) Court review of reports; hearing; order. (a) The court that issued the
24order under s. 55.14 shall review the report of the guardian ad litem under sub. (2)
25(f) and the report filed under sub. (1) (a) 1.
SB391-SSA1,125,5
1(b) The court shall order performance, by a person who is not an employee of
2the county department, of an evaluation of the physical, mental, and social condition
3of the individual that is relevant to the issue of the continued need for the order under
4s. 55.14 that is independent of the review performed under sub. (1) (a) if any of the
5following apply:
SB391-SSA1,125,76 1. The report required under sub. (1) (a) 1. is not timely filed, or the court
7determines that the report fails to meet the requirements of sub. (1) (c).
SB391-SSA1,125,98 2. Following review of the guardian ad litem's report under sub. (2) (f), the court
9determines that an independent evaluation for the individual is necessary.
SB391-SSA1,125,1010 3. The individual or the individual's guardian or guardian ad litem so requests.
SB391-SSA1,125,1311 (bm) If an evaluation is ordered under par. (b), it shall be performed at the
12expense of the individual or, if the individual is indigent, at the expense of the county
13of residence under sub. (1) (a).
SB391-SSA1,125,1514 (br) The court may order that the county department obtain any other
15necessary information with respect to the individual.
SB391-SSA1,125,1816 (c) The court shall order legal counsel for an individual and, if the individual
17appears to be indigent, refer him or her to the authority for indigency determinations
18under s. 977.07 (1) if any of the following apply:
SB391-SSA1,125,2019 1. Following review of the guardian ad litem's report under sub. (2) (f), the court
20determines that legal counsel for the individual is necessary.
SB391-SSA1,125,2121 2. The individual or the individual's guardian or guardian ad litem so requests.
SB391-SSA1,125,2522 (d) The court shall order either a summary hearing or a full due process
23hearing. A summary hearing may be held in court or may be held by other means
24including by telephone or video conference. The court shall hold a full due process
25hearing if any of the following apply:
SB391-SSA1,126,1
11. The individual or the individual's guardian or guardian ad litem so requests.
SB391-SSA1,126,32 2. The report under sub. (2) (f) indicates that the individual no longer meets the
3standards for an order under s. 55.14 (8).
SB391-SSA1,126,44 3. The report under sub. (2) (f) indicates that the individual objects to the order.
SB391-SSA1,126,55 (e) Following the hearing under par. (d), the court shall do one of the following:
SB391-SSA1,126,106 1. If the court finds that the individual continues to meet the standards for an
7order under s. 55.14 (8), the court shall order the continuation of the order. The court
8shall include in the decision the information relied upon as a basis for continuation
9of the order and shall make findings based on the requirements for allegations of a
10petition under s. 55.14 (3) in support of the need for continuation of the order.
SB391-SSA1,126,1911 2. If the court finds that the individual continues to meet the standards for an
12order under s. 55.14 (8) but that modification of the order or the treatment plan would
13be in the best interests of the individual, the court shall modify the order, order
14modifications to the individual's treatment plan, or both. Any modifications to the
15treatment plan are subject to the approval of the guardian. The court shall include
16in the decision the information relied upon as a basis for continuation of the order
17and shall make findings based on the requirements for allegations of a petition under
18s. 55.14 (3) in support of the need for authorizing the guardian to consent to
19involuntary administration of psychotropic medication.
SB391-SSA1,126,2520 3. If the court finds that the individual no longer meets the standards for an
21order under s. 55.14 (8), the court shall terminate the order. If the order is
22terminated, the court shall review the needs of the individual with respect to other
23protective services. If the court determines that the individual meets the standards
24for other protective services under this chapter that are not currently being provided
25to the individual, the court may order those protective services for the individual.
SB391-SSA1,127,2
1(f) The court shall provide a copy of the order made under par. (e) to all of the
2following:
SB391-SSA1,127,33 1. The individual.
SB391-SSA1,127,44 2. The individual's guardian, guardian ad litem, and legal counsel, if any.
SB391-SSA1,127,65 3. The facility in which the individual resided, if any, when the petition for
6annual review was filed.
SB391-SSA1,127,77 4. The county department under sub. (1) (a) and, if relevant, sub. (1m).
SB391-SSA1, s. 123 8Section 123. 55.195 (7) of the statutes is created to read:
SB391-SSA1,127,99 55.195 (7) Provide a summary written report to the court.
SB391-SSA1, s. 124 10Section 124. 55.195 (9) of the statutes is created to read:
SB391-SSA1,127,1111 55.195 (9) Attend the hearing.
SB391-SSA1, s. 125 12Section 125. 58.05 (2) of the statutes is amended to read:
SB391-SSA1,127,2413 58.05 (2) Any person who is mentally ill or retarded developmentally disabled
14may, upon the written request of his or her guardian, be committed to any such
15hospital or institution in the manner persons who are adjudged mentally adjudicated
16incompetent are committed to the state hospitals; but the county in which such the
17person resides shall be liable for his or her support, maintenance , and treatment only
18when he or she has been committed upon the request of the county board, and such
19the hospital or institution shall not be is not required to keep, care for, or treat any
20person who is mentally ill or retarded developmentally disabled longer than his or
21her guardian or, friends, or the county from which he or she shall have been
22committed shall defray the expenses of his or her care and treatment. Any person
23may voluntarily place himself or herself in such hospital, asylum, or institution for
24care and treatment.
SB391-SSA1, s. 126 25Section 126. 66.0915 (1) of the statutes is amended to read:
SB391-SSA1,128,17
166.0915 (1) Private viaducts in cities, villages and towns. The privilege of
2erecting a viaduct above a public street, road, or alley, for the purpose of connecting
3buildings on each side, may be granted by the city council, village board, or town
4board upon the written petition of the owners of all the frontage of the lots and lands
5abutting the portion sought to be connected, and the owners of more than one-half
6of the frontage of the lots and lands abutting upon that portion of the remainder that
7lies within 2,650 feet from the ends of the portion proposed to be connected. If a lot
8or land is owned by the state, or by a county, city, village, or town, or by a minor or
9individual adjudicated incompetent person, or the title to the lot or land is held in
10trust, the petition may be signed by the governor, the chairperson of the county
11board, the mayor of the city, the president of the board of trustees of the village, the
12chairperson of the town board, the guardian of the minor or individual adjudicated
13incompetent person, or the trustee, respectively, and the signature of a private
14corporation may be made by its president, secretary, or other principal officer or
15managing agent. Written notice stating when and where the petition will be acted
16upon, and describing the location of the proposed viaduct, shall be given by the city
17council, village board, or town board by publication of a class 3 notice, under ch. 985.
SB391-SSA1, s. 127 18Section 127. 66.0915 (2) of the statutes is amended to read:
SB391-SSA1,129,1019 66.0915 (2) Removal of private viaducts. A viaduct in a city, village, or town
20may be discontinued by the city council, village board, or town board, upon written
21petition of the owners of more than one-half of the frontage of the lots and lands
22abutting on the street or road approaching on each end of the viaduct, which lies
23within 2,650 feet from the ends of the viaduct. If a lot or land is owned by the state,
24or by a county, city, village, or town, or by a minor or individual adjudicated
25incompetent person, or the title to the lot or land is held in trust, the petition may

1be signed by the governor, the chairperson of the county board, the mayor of the city,
2the president of the board of trustees of the village, the chairperson of the town board,
3the guardian of the minor or individual adjudicated incompetent person, or the
4trustee, respectively, and the signature of a private corporation may be made by its
5president, secretary, or other principal officer or managing agent. Written notice
6stating when and where the petition will be acted upon, and stating what viaduct is
7proposed to be discontinued, shall be given by the city council, village board, or town
8board by publication of a class 1 notice, under ch. 985, not less than one year before
9the day fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days
10before the date of the hearing.
SB391-SSA1, s. 128 11Section 128. 71.07 (3m) (a) 1. e. of the statutes is amended to read:
SB391-SSA1,129,1412 71.07 (3m) (a) 1. e. For purposes of filing a claim under this subsection, when
13a guardian has been appointed under ch. 880 in this state for a ward who owns the
14farmland, the claimant shall be the guardian on behalf of the ward.
SB391-SSA1, s. 129 15Section 129. 71.28 (2m) (a) 1. e. of the statutes is amended to read:
SB391-SSA1,129,1816 71.28 (2m) (a) 1. e. For purposes of filing a claim under this subsection, when
17a guardian has been appointed under ch. 880 in this state for a ward who owns the
18farmland, the claimant shall be the guardian on behalf of the ward.
SB391-SSA1, s. 130 19Section 130. 71.47 (2m) (a) 1. e. of the statutes is amended to read:
SB391-SSA1,129,2220 71.47 (2m) (a) 1. e. For purposes of filing a claim under this subsection, when
21a guardian has been appointed under ch. 880 in this state for a ward who owns the
22farmland, the claimant shall be the guardian on behalf of the ward.
Loading...
Loading...