AB519: Bill Text

1999 Assembly BILL 519

October 5, 1999 - Introduced by Representatives Walker, F. Lasee, Ladwig, Ainsworth, Albers, Goetsch, Grothman, Miller, Owens, Pettis, Stone and Urban, cosponsored by Senator Darling. Referred to Committee on Corrections and the Courts.

AB519,2,16 An Act to renumber 51.37 (11), 157.02 (1) and 976.06; to renumber and amend 252.14 (1) (ad), 252.15 (1) (ad) and 801.02 (7) (b); to amend 16.385 (7), 19.32 (1e), 19.35 (1) (am) 2. c., 19.35 (3) (f), 20.410 (1) (kc), 20.903 (2) (c), 29.199, 38.04 (12), 38.14 (3) (a), 38.24 (1m) (d), 46.011 (2), 49.32 (7) (d), 49.47 (6) (c) 3., 51.20 (1) (ar) (intro.), 51.20 (7) (b), 51.20 (7) (c), 51.20 (11) (a), 51.20 (13) (a) 3., 51.20 (13) (a) 4., 51.20 (13) (a) 5., 51.20 (13) (g) 2m., 51.20 (19) (b) 1., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 12., 51.35 (1) (a), 51.35 (6) (a), 51.37 (5) (a), 51.37 (5) (b), 51.37 (5) (b), 51.37 (8) (a), 51.37 (8) (b), 51.39, 51.42 (3) (as) 1., 51.45 (15) (b), 51.61 (1) (c), 59.29 (1) (b), 77.996 (2) (f), 101.123 (4) (bm), 115.762 (4), 115.787 (6) (a) 1., 115.787 (6) (a) 2., 115.787 (6) (b), 165.84 (4), 165.84 (5), 227.43 (1) (bg), 252.02 (4), 252.02 (5), 252.06 (6) (b), 252.14 (2) (intro.), 252.14 (2) (am), 252.14 (2) (bm), 252.15 (1) (ab), 252.15 (2) (a) 7. a., 301.03 (12), 301.035 (2), 301.035 (4), 301.105 (intro.), 301.287, 301.33 (2), 301.33 (3), 301.36 (1) and (6), 301.372, 301.373 (9) (a), 302.01, 302.02 (5) (a), 302.02 (5) (b), 302.055, 302.07, 302.09, 302.095 (2), 302.12 (1), 302.13, 302.14, 302.18 (1), 302.27, 303.063 (1), 303.069 (title), 304.06 (1) (b), 447.06 (2) (a) 4., 782.01 (1), 782.45 (title), 801.02 (7) (a) 1., 801.02 (7) (a) 3., 801.02 (7) (bm) (intro.), 806.025 (1), 807.15 (1), 813.40 (1) (b) 3. (intro.), 814.29 (1m) (c) 2., 814.29 (1m) (e), 893.735 (1), 898.01, 940.20 (1), 940.29, 941.237 (1) (b), 941.29 (6), 946.43, 946.44 (2) (c), 946.44 (2) (d), 946.45 (2) (c), 946.45 (2) (d), 946.47 (2) (b), 948.50 (4) (a), 968.255 (7) (a), 971.11 (title), 971.11 (1), 971.11 (6) and 973.15 (4) (a); to repeal and recreate 302.095 (2); and to create 20.410 (1) (hq), 20.410 (1) (hv), 20.903 (2) (bs), 51.37 (11) (b), 101.123 (1) (dq), 101.123 (1) (ds), 101.123 (2) (a) 6m., 101.123 (4) (am) 2m., 157.02 (1) (b), 252.14 (1) (ad) 1. and 2., 252.14 (1) (e), 252.14 (1) (f), 252.15 (1) (ad) 1. and 2., 252.15 (1) (au), 301.01 (2) (e), 301.01 (2g) and (2m), 301.03 (8m), 301.371, 301.372, 301.373, 301.374, 301.376, 301.378, 301.379, 302.11 (11), 302.386 (5) (e), 782.45 (3), 782.47, 801.02 (7) (a) 4., 801.02 (7) (a) 5., 801.02 (7) (b) 2., 806.025 (3), 961.01 (12m) (g), 976.01 (4m), 976.05 (16) and 976.06 (2) of the statutes; relating to: construction and operation of private prisons, requiring the exercise of rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the department of corrections (DOC) may enter into contracts with private persons for the transfer and confinement in other states of prisoners who have been committed to DOC's custody. Current law, however, does not specifically address the authority of private persons in this state to confine individuals who have been convicted of crimes in other states. This bill establishes the conditions under which a private person may construct and operate a prison in this state for the confinement of inmates from other states.

Private prison construction

Under the bill, a private prison operator seeking to commence the construction of a prison must first obtain a private prison construction license from DOC. The issuance of the license is contingent upon the person paying application and license fees, complying with all applicable laws and complying with rules promulgated by DOC regarding the protection of prison employes and the public and the confinement, treatment and rehabilitation of inmates. As is the case with fees for operating licenses, DOC is to set the application and license fees for persons seeking or obtaining a private prison construction license at a level that reflects DOC's approximate costs in reviewing the applications, issuing the licenses and regulating private prisons.

Private prison operation

The bill establishes a number of requirements for a person seeking to operate a private prison. First, a private prison operator must obtain a private prison operating license, pay all application and license fees and comply with all applicable laws, DOC rules (including rules required to be issued under the bill relating to the use of force and transportation of inmates) and DOC orders. Second, the private prison operator is subject to certain financial requirements. The private prison operator must provide proof of insurance or self-insurance satisfactory to DOC and must indemnify all state and local governments and their officers and employes for costs that they incur in connection with the prison's operation. Third, the private prison operator must file plans with DOC regarding responding to emergencies, providing medical care to inmates outside of the prison and transporting inmates to and from the prison. Fourth, the bill requires the private prison operator to designate a medical director for the prison. Fifth, the bill requires certain terms in any contract providing for the confinement of prisoners by the private prison operator (see below, Contract requirements).

The bill also contains other restrictions relating to the operation of a private prison. Under the bill, a private prison operator may not assign a person responsibility for supervising or disciplining inmates unless the person has completed a training program approved or provided by DOC. Moreover, a private prison operator may not employ any person until the department of justice has completed a criminal history record search for the person, nor may the private prison operator employ any convicted felon. The bill also prohibits a private prison operator from confining inmates who would be classified as "maximum security" by DOC. In addition, with certain exceptions, the bill prohibits a private prison operator from allowing inmates to leave the prison grounds during the time of their confinement. Finally, the bill prohibits a private prison operator from subcontracting for the provision of goods or services on prison grounds without prior written approval from DOC.

Contract requirements

All contracts between a private prison operator and another state or a political subdivision of another state (the sending jurisdiction) for the confinement of inmates are subject to DOC approval. In addition, each such contract must be enforceable by DOC and must contain the following provisions:

1) Neither the sending jurisdiction nor the private prison operator may bring an inmate into this state without prior written notice to DOC. DOC also may direct the return of an inmate to the sending jurisdiction for any reason.

2) The courts of the sending jurisdiction shall retain concurrent jurisdiction over claims brought by inmates regarding the conditions of an inmate's confinement in the private prison.

3) The sending jurisdiction shall impose certain sanctions on an inmate who knowingly offers false evidence or provides false information to a court of this state.

4) Any provision of the contract that is inconsistent with Wisconsin law or an order issued by or decision of either DOC or the department of administration's division of hearings and appeals (the division) is void.

Enforcement/DOC assumption of control

The bill establishes a number of mechanisms by which DOC may respond to violations of laws, rules and orders relating to the construction and operation of private prisons, to violations of the terms of a private prison construction or operating license and to material misstatements in a license application. With the agreement of the person committing the violation or making the misstatement, DOC may enter an order providing an appropriate remedy for the violation or misstatement. Alternatively, DOC may file a petition with the division seeking appropriate relief. If the division determines that a violation occurred or that a person holding a license made a material misstatement in a license application, the person shall forfeit not less than $100 nor more than $100,000 per violation or misstatement. If a violation or material misstatement may jeopardize public safety or the health or safety of prison staff or inmates, the division shall order the licensee to remedy the violation or misstatement or deny, limit, suspend or revoke the person's license or both. DOC, the attorney general or the district attorney of the proper county may also bring a civil action to enjoin a person from committing any violation. DOC is entitled to reimbursement of attorney fees if it is the prevailing party in any enforcement action brought under the bill.

Under the bill, if a private prison's operating license is suspended, revoked or not renewed, DOC shall assume responsibility for its operation. If DOC assumes responsibility for the operation of the prison for any reason, the private prison operator is liable to DOC for all of the costs DOC incurs in operating the prison or in hiring another person to operate it.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB519, s. 1 Section 1. 16.385 (7) of the statutes is amended to read:

AB519,4,6 16.385 (7) Individuals in state prisons. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or, to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or to a person confined in a private prison, as defined in s. 301.01 (2g).

AB519, s. 2 Section 2. 19.32 (1e) of the statutes is amended to read:

AB519,5,4 19.32 (1e) "Penal facility" means a state prison under s. 302.01, private prison, as defined in s. 301.01 (2g), county jail, county house of correction or other state, county or municipal correctional or detention facility.

AB519, s. 3 Section 3. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB519,5,12 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), private prison, as defined in s. 301.01 (2g), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

AB519, s. 4 Section 4. 19.35 (3) (f) of the statutes is amended to read:

AB519,5,21 19.35 (3) (f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5. If the requester is a prisoner, as defined in s. 301.01 (2), or is a person confined in a federal correctional institution or private prison, as defined in s. 301.01 (2g), located in this state, and he or she has failed to pay any fee that was imposed by the authority for a request made previously by that requester, the authority may require prepayment both of the amount owed for the previous request and the amount owed for the current request.

AB519, s. 5 Section 5. 20.410 (1) (hq) of the statutes is created to read:

AB519,5,25 20.410 (1) (hq) Private prison regulation. All moneys received from private prisons under s. 301.373 (9) for the costs of regulating the construction and operation of private prisons.

AB519, s. 6 Section 6. 20.410 (1) (hv) of the statutes is created to read:

AB519,6,3 20.410 (1) (hv) Training private prison employes. All moneys received from private prison employes under s. 301.373 (3) (a) for the costs of their training.

AB519, s. 7 Section 7. 20.410 (1) (kc) of the statutes is amended to read:

AB519,6,9 20.410 (1) (kc) Correctional institution enterprises; inmate activities and employment. All moneys received from state correctional institution enterprises involving the activities of inmates, excluding moneys received from canteen operations, prison industries and correctional farms, to conduct state correctional institution enterprises and inmate employment projects.

AB519, s. 8 Section 8. 20.903 (2) (bs) of the statutes is created to read:

AB519,6,14 20.903 (2) (bs) Notwithstanding sub. (1), liabilities may be created and moneys expended from the appropriations under s. 20.410 (1) (hq) in an additional amount not to exceed the amount of money anticipated to be received during the remainder of the biennium.

AB519, s. 9 Section 9. 20.903 (2) (c) of the statutes is amended to read:

AB519,6,22 20.903 (2) (c) All expenditures authorized by this subsection are subject to the estimate approval procedure provided in s. 16.50 (2). Notwithstanding pars. (a), (b) and, (bn) and (bs), the maximum amounts that may be expended from a program revenue or program revenue-service appropriation which is limited to the amounts in the schedule are the amounts in the schedule, except as authorized by the department of administration under s. 16.515 or the joint committee on finance under s. 13.101.

AB519, s. 10 Section 10. 29.199 of the statutes is amended to read:

AB519,7,5 29.199 Authorizations for certain patients and institutionalized persons to fish. The department shall issue an authorization without charge to a county hospital, state or federal mental hospital, state correctional institution or nonprofit institution located in this state for rehabilitation purposes upon request of the superintendent of the institution. The authorization permits a resident of the hospital or institution who is supervised by an employe of the hospital or institution to fish for fish subject to all other provisions of law.

AB519, s. 11 Section 11. 38.04 (12) of the statutes is amended to read:

AB519,7,12 38.04 (12) Prison inmate educational program. The board may establish vocational educational programs for inmates within the state correctional system of correctional facilities and contract with the departments of corrections and health and family services and private prisons, as defined in s. 301.01 (2g), for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.

AB519, s. 12 Section 12. 38.14 (3) (a) of the statutes is amended to read:

AB519,7,17 38.14 (3) (a) The district board may enter into contracts to provide educational services to public and private educational institutions, federal and state agencies, local governmental bodies, private prisons, as defined in s. 301.01 (2g), industries and businesses.

AB519, s. 13 Section 13. 38.24 (1m) (d) of the statutes is amended to read:

AB519,7,24 38.24 (1m) (d) Programs for inmates. Uniform fees, for vocational programs or courses offered at a district facility to state prison inmates at a district facility by the department of corrections or the department of health and family services in cooperation with a district board or to inmates of a private prison, as defined in s. 301.01 (2g), under ss. 38.04 (12) and 38.14 (3) (a), equal to the fees established under par. (b).

AB519, s. 14 Section 14. 46.011 (2) of the statutes is amended to read:

AB519,8,7 46.011 (2) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.06 (11) (a) or ch. 980. "Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c) and does not include an inmate of a private prison, as defined in s. 301.01 (2g).

AB519, s. 15 Section 15. 49.32 (7) (d) of the statutes is amended to read:

AB519,8,14 49.32 (7) (d) The department, with assistance from the department of corrections, shall conduct a program to periodically match the records of persons confined in state correctional facilities with the records of recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 to identify recipients who may be ineligible for benefits.

AB519, s. 16 Section 16. 49.47 (6) (c) 3. of the statutes is amended to read:

AB519,8,18 49.47 (6) (c) 3. Care or services for an individual who is an inmate of a private prison, as defined in s. 301.01 (2g), or a public institution, except as a patient in a medical institution or a resident in an intermediate care facility.

AB519, s. 17 Section 17. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

AB519,9,10 51.20 (1) (ar) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison or, if the individual is a private prison inmate, by any licensed psychologist or the prison's medical director, and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

AB519, s. 18 Section 18. 51.20 (7) (b) of the statutes is amended to read:

AB519,9,15 51.20 (7) (b) If the subject individual is not detained or is an inmate of a state prison, county jail or house of correction, the court shall hold a hearing within a reasonable time of the filing of the petition, to determine whether there is probable cause to believe the allegations made under sub. (1).

AB519, s. 19 Section 19. 51.20 (7) (c) of the statutes is amended to read:

AB519,9,25 51.20 (7) (c) If the court determines that there is probable cause to believe the allegations made under sub. (1), it shall schedule the matter for a hearing within 14 days from the time of detention of the subject individual, except as provided in sub. (8) (bg) or (bm) or (11) (a). If a postponement has been granted under par. (a), the matter shall be scheduled for hearing within 21 days from the time of detention of the subject individual. If the subject individual is not detained under s. 51.15 or this section or is an inmate of a state prison, county jail or house of correction, the hearing shall be scheduled within 30 days of the hearing to determine probable cause for commitment. In the event that the subject individual fails to appear for the hearing to determine probable cause for commitment, the court may issue an order for the subject individual's detention and shall hold the hearing to determine probable cause for commitment within 48 hours, exclusive of Saturdays, Sundays and legal holidays, from the time that the individual is detained.

AB519, s. 20 Section 20. 51.20 (11) (a) of the statutes is amended to read:

AB519,10,20 51.20 (11) (a) If before involuntary commitment a jury is demanded by the individual against whom a petition has been filed under sub. (1) or by the individual's counsel if the individual does not object, the court shall direct that a jury of 6 people be selected to determine if the allegations specified in sub. (1) (a), (ar) or (av) are true. A jury trial is deemed waived unless demanded at least 48 hours in advance of the time set for final hearing, if notice of that time has been previously provided to the subject individual or his or her counsel. If a jury trial demand is filed within 5 days of detention, the final hearing shall be held within 14 days of detention. If a jury trial demand is filed later than 5 days after detention, the final hearing shall be held within 14 days of the date of demand. If an inmate of a state prison, county jail or house of correction demands a jury trial within 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the probable cause hearing. If an inmate of a state prison, county jail or house of correction demands a jury trial later than 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the date of demand.

AB519, s. 21 Section 21. 51.20 (13) (a) 3. of the statutes is amended to read:

AB519,11,2 51.20 (13) (a) 3. If the individual is not an inmate of a state prison, county jail or house of correction and the allegations specified in sub. (1) (a) are proven, order commitment to the care and custody of the appropriate county department under s. 51.42 or 51.437, or if inpatient care is not required order commitment to outpatient treatment under care of such county department; or

AB519, s. 22 Section 22. 51.20 (13) (a) 4. of the statutes is amended to read:

AB519,11,8 51.20 (13) (a) 4. If the individual is an inmate of a state prison and the allegations under sub. (1) (a) or (ar) are proven, order commitment to the department and either authorize the transfer of the inmate to a state treatment facility or if inpatient care is not needed authorize treatment on an outpatient basis in the prison; or

AB519, s. 23 Section 23. 51.20 (13) (a) 5. of the statutes is amended to read:

AB519,11,12 51.20 (13) (a) 5. If the allegations specified in sub. (1) (a) are proven and the subject individual is a nonresident who is not an inmate of a prison, order commitment to the department.

AB519, s. 24 Section 24. 51.20 (13) (g) 2m. of the statutes is amended to read:

AB519,11,17 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or extended supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

AB519, s. 25 Section 25. 51.20 (19) (b) 1. of the statutes is amended to read:

AB519,11,20 51.20 (19) (b) 1. Establishing standards for the use of psychotropic drugs on prisoners in a state inmates of a prison and inmates committed under sub. (1) (ar).

AB519, s. 26 Section 26. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

AB519,12,8 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility or a private prison to such a treatment program and is then transferred back to the correctional facility. Every probationer, parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:

AB519, s. 27 Section 27. 51.30 (4) (b) 12. of the statutes is amended to read:

AB519,12,14 51.30 (4) (b) 12. To a correctional officer of the department of corrections or an employe of a private prison who has custody of or is responsible for the supervision of an individual who is transferred or discharged from a treatment facility. Records released under this subdivision are limited to notice of the subject individual's change in status.

AB519, s. 28 Section 28. 51.35 (1) (a) of the statutes is amended to read:

AB519,13,6 51.35 (1) (a) The department or the county department under s. 51.42 or 51.437 may transfer any patient or resident who is committed to it, or who is admitted to a facility under its supervision or operating under an agreement with it, between treatment facilities or, with the exception of a person committed under s. 51.20 (13) (a) 4. or 4m., from a facility into the community if such transfer is consistent with reasonable medical and clinical judgment and consistent with s. 51.22 (5). The transfer shall be made in accordance with par. (e). Terms and conditions which will benefit the patient or resident may be imposed as part of a transfer to a less restrictive treatment alternative. A patient or resident who is committed to the department or a county department under s. 51.42 or 51.437 may be required to take medications and receive treatment, subject to the right of the patient or resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through a community support program as a term or condition of a transfer. The patient or resident shall be informed at the time of transfer of the consequences of violating such terms and conditions, including possible transfer back to a facility which imposes a greater restriction on personal freedom of the patient or resident.

AB519, s. 29 Section 29. 51.35 (6) (a) of the statutes is amended to read:

AB519,13,12 51.35 (6) (a) When the department has notice that any person other than a prisoner or a private prison inmate is entitled to receive care and treatment in a U.S. department of veterans affairs facility, the person may petition the department of health and family services for a transfer to such facility, and that department may procure admission to such facility in accordance with s. 45.30.

AB519, s. 30 Section 30. 51.37 (5) (a) of the statutes is amended to read:

AB519,14,10 51.37 (5) (a) When a A licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing may submit written reports regarding prisoners, and the prison's medical director or any licensed psychologist may submit written reports regarding private prison inmates to the officer in charge of a jail or institution. If the report states that any prisoner or any private prison inmate is, in his or her the opinion of the medical director or psychologist, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner or inmate is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner or inmate voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner or authorize the transfer of the private prison inmate if a voluntary application is made and the department of health and family services consents. If voluntary application is not made the prisoner does not voluntarily consent to a transfer for treatment, the department of corrections may file a petition for involuntary commitment under s. 51.20 (1) or 51.45 (13). If the private prison inmate does not voluntarily consent to a transfer for treatment, the prison's medical director shall 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.

AB519, s. 31 Section 31. 51.37 (5) (b) of the statutes is amended to read:

AB519,15,6 51.37 (5) (b) The department of corrections or, if the individual is a private prison inmate, the prison's medical director 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 or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family 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 or inmate may be released without the approval of the court which directed confinement in the institution.

AB519, s. 32 Section 32 . 51.37 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 292 and 1999 Wisconsin Act .... (this act), is amended to read: