AB182: Bill Text

AB182,6,2 51.15 (5) Detention procedure; other counties. In counties having a population of less than 500,000, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which that shall provide detailed specific information concerning the recent overt act, attempt , or threat to act or omission on which the belief under sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled , or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays, and legal holidays.

AB182, s. 6 Section 6. 51.20 (1) (a) 2. e. of the statutes is amended to read:

AB182,7,5 51.20 (1) (a) 2. e. For an individual, other than an individual who is alleged to be drug dependent or developmentally disabled, after the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him or her and because of mental illness, evidences either incapability of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives, or substantial incapability of applying an understanding of the advantages, disadvantages, and alternatives to his or her mental illness in order to make an informed choice as to whether to accept or refuse medication or treatment; and evidences a substantial probability, as demonstrated by both the individual's treatment history and his or her recent acts or omissions, that the individual needs care or treatment to prevent further disability or deterioration and a substantial probability that he or she will, if left untreated, lack services necessary for his or her health or safety and suffer severe mental, emotional, or physical harm that will result in the loss of the individual's ability to function independently in the community or the loss of cognitive or volitional control over his or her thoughts or actions. The probability of suffering severe mental, emotional, or physical harm is not substantial under this subd. 2. e. if reasonable provision for the individual's care or treatment is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or if the individual is appropriate for protective placement under s. 55.06. Food, shelter, or other care that is provided to an individual who is substantially incapable of obtaining food, shelter , or other care for himself or herself by any person other than a treatment facility does not constitute reasonable provision for the individual's care or treatment in the community under this subd. 2. e. The individual's status as a minor does not automatically establish a substantial probability of suffering severe mental, emotional, or physical harm under this subd. 2. e. This subd. 2. e. does not apply after November 30, 2001.

AB182, s. 7 Section 7. 51.20 (1) (ad) 1. of the statutes is amended to read:

AB182,7,14 51.20 (1) (ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the petition shall be reviewed and approved by the attorney general or by his or her designee prior to or within 12 hours after the time that it is filed. If the attorney general or his or her designee disapproves or fails to act with respect to the petition, the petition may not be filed. If the attorney general or his or her designee disapproves or fails to act with respect to a petition under this subdivision within 12 hours after the time that it is filed, the individual, if detained under the petition, shall be released and the petition is void.

AB182, s. 8 Section 8. 51.20 (1) (ad) 3. of the statutes is repealed.

AB182, s. 9 Section 9. 51.20 (10) (cm) 1. of the statutes is renumbered 51.20 (10) (cm) and amended to read:

AB182,8,6 51.20 (10) (cm) Prior to or at the final hearing, for individuals for whom a petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437 shall furnish to the court and the subject individual an initial recommended written treatment plan that contains the goals of treatment, the type of treatment to be provided, and the expected providers. The treatment plan shall address the individual's needs for inpatient care, residential services, community support services, medication and its monitoring, case management, and other services to enable the person to live in the community upon release from an inpatient facility. The treatment plan shall contain information concerning the availability of the needed services and community treatment providers' acceptance of the individual into their programs. The treatment plan is only a recommendation and is not subject to approval or disapproval by the court. Failure to furnish a treatment plan under this subdivision paragraph does not constitute grounds for dismissal of the petition unless the failure is made in bad faith.

AB182, s. 10 Section 10. 51.20 (10) (cm) 2. of the statutes is repealed.

AB182, s. 11 Section 11. 51.20 (13) (g) 2d. c. of the statutes is repealed.

AB182, s. 12 Section 12. 51.30 (3) (b) of the statutes is amended to read:

AB182,8,15 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter or ch. 971 or 975.

AB182, s. 13 Section 13. 51.30 (4) (b) 11. of the statutes is amended to read:

AB182,8,21 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and the corporation counsel, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patients' rights under this chapter or ch. 48, 971, or 975.

AB182, s. 14 Section 14. 51.30 (4) (b) 14. of the statutes is repealed.

AB182, s. 15 Section 15. 51.61 (1) (g) 3m. of the statutes is amended to read:

AB182,9,3 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 November 30, 2001.

AB182, s. 16 Section 16. 165.017 (1) of the statutes is repealed.

AB182, s. 17 Section 17. 165.017 (2) of the statutes is amended to read:

AB182,9,8 165.017 (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.

AB182, s. 18 Section 18. 165.017 (3) of the statutes is repealed.

AB182, s. 19 Section 19. 165.017 (5) of the statutes is repealed.

AB182, s. 20 Section 20. 1995 Wisconsin Act 292, section 5 is repealed.

AB182, s. 21 Section 21. 1995 Wisconsin Act 292, section 12 is repealed.

AB182, s. 22 Section 22. 1995 Wisconsin Act 292, section 14 is repealed.

AB182, s. 23 Section 23. 1995 Wisconsin Act 292, section 16 is repealed.

AB182, s. 24 Section 24. 1995 Wisconsin Act 292, section 20 is repealed.

AB182, s. 25 Section 25. 1995 Wisconsin Act 292, section 22 is repealed.

AB182, s. 26 Section 26. 1995 Wisconsin Act 292, section 24 is repealed.

AB182, s. 27 Section 27. 1995 Wisconsin Act 292, section 28 is repealed.

AB182, s. 28 Section 28. 1995 Wisconsin Act 292, section 30 is repealed.

AB182, s. 29 Section 29. 1995 Wisconsin Act 292, section 30h is repealed.

AB182, s. 30 Section 30. 1995 Wisconsin Act 292, section 32 is repealed.

AB182, s. 31 Section 31. 1995 Wisconsin Act 292, section 37 (1) is repealed.

AB182, s. 32 Section 32. 1997 Wisconsin Act 35, section 141 is repealed.

AB182, s. 33 Section 33. 1997 Wisconsin Act 35, section 144 is repealed.

AB182, s. 34 Section 34. 1997 Wisconsin Act 35, section 147 is repealed.

AB182, s. 35 Section 35. 1997 Wisconsin Act 35, section 605 (1) is repealed.

AB182, s. 36 Section 36. Nonstatutory provisions; health and family services.

AB182,10,6 (1) Fifth standard for emergency detention and civil commitment. The repeal of 1995 Wisconsin Act 292, sections 5, 12, 14, 16, 20, 22, 24, 28, 30, 30h, 32, and 37 (1), and the repeal of 1997 Wisconsin Act 35, sections 141, 144, 147, and 605 (1), by this act apply notwithstanding section 990.03 (3) of the statutes.

AB182,10,7 (End)