SB153, s. 119 13Section 119. 55.17 (1) of the statutes is amended to read:
SB153,46,2214 55.17 (1) Petition. An individual, the individual's guardian or guardian ad
15litem, the department, a county department or agency with which it contracts under
16s. 55.02 (2), or any other interested person may file a petition at any time for
17termination of an order for protective placement or protective services. The petition
18shall be served on the individual; the individual's guardian; the individual's attorney
19and guardian ad litem, if any; and the county department. The petition shall allege
20that the individual no longer meets the standards under s. 55.08 (1) for
21court-ordered protective placement or under s. 55.08 (2) for court-ordered protective
22services.
SB153, s. 120 23Section 120. 55.175 of the statutes, as affected by 2005 Wisconsin Acts 264 and
24387, is repealed and recreated to read:
SB153,47,9
155.175 Discharge from protective placement. Prior to discharge of an
2individual from a protective placement, the county department that is responsible
3for protective placement shall review the need for continuing protective services,
4continuation of full or limited guardianship, or, if the individual has no guardian,
5guardianship. If the county department's recommendation includes a course of
6action for which court approval would be required, the county department shall
7make the recommendation to the court. Prior to discharge of the individual from any
8mental health institute or center for the developmentally disabled, the department
9shall make the review under s. 51.35 (7).
SB153, s. 121 10Section 121. 55.18 (1) (b) of the statutes is amended to read:
SB153,47,1811 55.18 (1) (b) If, following an annual review of an individual's status under par.
12(a), the individual or the individual's guardian or guardian ad litem requests
13modification or termination of the individual's protective placement and a hearing
14under the requirements of s. 55.10 (4) is provided, or if a hearing under the
15requirements of s. 55.10 (4) is provided pursuant to a petition for modification or
16termination of the protective placement, the county is not required to initiate a
17subsequent review of the individual's status under par. (a) until the first day of the
1811th month after the date that the court issues a final order after the hearing.
SB153, s. 122 19Section 122. 55.18 (2) (a) of the statutes is amended to read:
SB153,47,2220 55.18 (2) (a) Review the report filed under sub. (1) (a) 1., the report required
21under s. 880.38 (3) s. 54.25 (1) (a), and any other relevant reports on the individual's
22condition and placement.
SB153, s. 123 23Section 123. 55.18 (2) (b) 6. of the statutes is amended to read:
SB153,48,3
155.18 (2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that
2the individual or the individual's guardian may request a hearing that meets the
3requirements under s. 55.10 (4).
SB153, s. 124 4Section 124. 55.18 (2) (f) 4. of the statutes is amended to read:
SB153,48,75 55.18 (2) (f) 4. The individual or the individual's guardian or guardian ad litem
6requests a full due process hearing under this section that meets the requirements
7of s. 55.10
for the individual.
SB153, s. 125 8Section 125. 55.18 (3) (a) of the statutes is amended to read:
SB153,48,129 55.18 (3) (a) The court that ordered protective placement for an individual
10under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the
11report filed under sub. (1) (a) 1., and the report required under s. 880.38 (3) s. 54.25
12(1) (a)
.
SB153, s. 126 13Section 126. 55.18 (3) (d) (intro.) of the statutes is amended to read:
SB153,48,1914 55.18 (3) (d) (intro.) The court shall order either a summary hearing or a
15hearing under the requirements of s. 55.10 (4). A summary hearing shall be held on
16the record, may be held in court or by other means, including by telephone or
17videoconference, is not an evidentiary hearing, and does not require attendance by
18the individual. The court shall hold a hearing under the requirements of s. 55.10 (4)
19if any of the following apply:
SB153, s. 127 20Section 127. 55.19 (intro.) of the statutes, as created by 2005 Wisconsin Acts
21264
and 387, is repealed and recreated to read:
SB153,49,2 2255.19 Annual review of order authorizing involuntary administration
23of psychotropic medication.
(intro.) All of the following shall be performed
24annually with respect to any individual who is subject to an order under s. 55.14 or

1an order initially issued under s. 880.33 (4r), 2003 stats., authorizing involuntary
2administration of psychotropic medication:
SB153, s. 128 3Section 128. 55.19 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin
4Acts 264
and 387, is repealed and recreated to read:
SB153,49,185 55.19 (1) (a) (intro.) The county department of the individual's county of
6residence shall, except as provided in sub. (1m), review, in compliance with the
7requirements of this section, the status of each individual who is the subject of the
8order. The review shall include a visit to the individual and a written evaluation of
9the physical, mental, and social condition of the individual that is relevant to the
10issue of the continued need for the order. The review shall be made a part of the
11permanent record of the individual. The county department shall inform the
12guardian of the individual of the review at the time the review is made and shall,
13before completing a report of the review, invite the individual and the guardian to
14submit comments or information concerning the individual's need for involuntary
15administration of psychotropic medication or other protective services. Not later
16than the first day of the 11th month after the initial order is made for an individual,
17except as provided in par. (b), and at least annually thereafter, the county
18department shall do all of the following:
SB153, s. 129 19Section 129. 55.19 (1) (a) 1. of the statutes, as created by 2005 Wisconsin Acts
20264
and 387, is repealed and recreated to read:
SB153,49,2221 55.19 (1) (a) 1. File a report of the review with the court that issued the order.
22The report of the review shall include information on all of the following:
SB153,49,2423 a. Whether the individual continues to meet the standards for protective
24services.
SB153,50,2
1b. Whether the individual is not competent to refuse psychotropic medication,
2as defined in s. 55.14 (1) (b).
SB153,50,63 c. Whether the individual continues to refuse to take psychotropic medication
4voluntarily; and whether attempting to administer psychotropic medication to the
5individual voluntarily is not feasible or is not in the best interests of the individual,
6including all information required to be specified under s. 55.14 (3) (c).
SB153,50,97 d. Whether the individual's condition for which psychotropic medication has
8been prescribed has been improved by psychotropic medication and the individual
9has responded positively to psychotropic medication.
SB153,50,1210 e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual met one
11of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the
12individual continues to meet the criterion.
SB153,50,1513 f. The comments of the individual and the individual's guardian during the
14performance of the review, as summarized by the county department, and the
15response of the county department to the comments.
SB153,50,1816 g. The comments, if any, of a staff member at the facility at which the individual
17is placed or receives services or at which psychotropic medication is administered to
18the individual that are relevant to the review of the continued need for the order.
SB153, s. 130 19Section 130. 55.19 (1) (b) of the statutes, as created by 2005 Wisconsin Acts
20264
and 387, is repealed and recreated to read:
SB153,51,221 55.19 (1) (b) If, in an annual review of an individual's status under par. (a), the
22individual or the individual's guardian or guardian ad litem requests termination of
23the order and a hearing that meets the requirements of s. 55.10 is provided, or if a
24hearing under the requirements of s. 55.10 is provided pursuant to a petition for
25modification or termination of the order, the county department is not required to

1initiate a subsequent review under par. (a) until the first day of the 11th month after
2the date that the court issues a final order after the hearing.
SB153, s. 131 3Section 131. 55.19 (1) (bm) of the statutes, as created by 2005 Wisconsin Acts
4264
and 387, is repealed and recreated to read:
SB153,51,75 55.19 (1) (bm) If the individual is subject to a protective placement order, the
6review under par. (a) shall be conducted simultaneously with the review under s.
755.18 of the individual's protective placement.
SB153, s. 132 8Section 132. 55.19 (1) (c) of the statutes, as created by 2005 Wisconsin Acts
9264
and 387, is repealed and recreated to read:
SB153,51,1210 55.19 (1) (c) The review under par. (a) may not be conducted by a person who
11is an employee of a facility in which the individual resides or from which the
12individual receives services.
SB153, s. 133 13Section 133. 55.19 (1m) of the statutes, as created by 2005 Wisconsin Acts 264
14and 387, is repealed and recreated to read:
SB153,51,1915 55.19 (1m) The county of residence of an individual who is subject to an order
16under s. 55.14 and is provided protective placement in a different county may enter
17into an agreement with that county under which the county of the individual's
18placement performs all or part of the duties of the county of residence under this
19section.
SB153, s. 134 20Section 134. 55.19 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Acts
21264
and 387, is repealed and recreated to read:
SB153,51,2222 55.19 (2) (b) 3. The right to an evaluation under sub. (3) (b).
SB153, s. 135 23Section 135. 55.19 (2) (b) 5. of the statutes, as created by 2005 Wisconsin Acts
24264
and 387, is repealed and recreated to read:
SB153,52,3
155.19 (2) (b) 5. That a termination or modification of the order or modification
2of the treatment plan for involuntary administration of psychotropic medication may
3be ordered by the court.
SB153, s. 136 4Section 136. 55.19 (2) (b) 6. of the statutes, as created by 2005 Wisconsin Acts
5264
and 387, is repealed and recreated to read:
SB153,52,86 55.19 (2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that
7the individual or the individual's guardian may request a hearing that meets the
8requirements under s. 55.10.
SB153, s. 137 9Section 137. 55.19 (2) (c) of the statutes, as created by 2005 Wisconsin Acts
10264
and 387, is repealed and recreated to read:
SB153,52,1211 55.19 (2) (c) Provide the information required under par. (b) to the individual
12and to the individual's guardian in writing.
SB153, s. 138 13Section 138. 55.19 (2) (f) 4. of the statutes, as created by 2005 Wisconsin Acts
14264
and 387, is repealed and recreated to read:
SB153,52,1615 55.19 (2) (f) 4. The individual or the individual's guardian or guardian ad litem
16requests a hearing that meets the requirements of s. 55.10 for the individual.
SB153, s. 139 17Section 139. 55.19 (2) (g) of the statutes, as created by 2005 Wisconsin Acts
18264
and 387, is repealed and recreated to read:
SB153,52,2019 55.19 (2) (g) Certify to the court that he or she has complied with the
20requirements of pars. (a) to (e).
SB153, s. 140 21Section 140. 55.19 (3) (b) (intro.) of the statutes, as created by 2005 Wisconsin
22Acts 264
and 387, is repealed and recreated to read:
SB153,53,223 55.19 (3) (b) (intro.) The court shall order an evaluation, by a person who is not
24an employee of the county department, of the physical, mental, and social condition
25of the individual that is relevant to the issue of the continued need for the order under

1s. 55.14 and that is independent of the review performed under sub. (1) (a) if any of
2the following apply:
SB153, s. 141 3Section 141. 55.19 (3) (bm) of the statutes, as created by 2005 Wisconsin Acts
4264
and 387, is repealed and recreated to read:
SB153,53,75 55.19 (3) (bm) If an evaluation is ordered under par. (b), it shall be performed
6at the expense of the individual or, if the individual is indigent, at the expense of the
7county of residence under sub. (1) (a).
SB153, s. 142 8Section 142. 55.19 (3) (br) of the statutes, as created by 2005 Wisconsin Acts
9264
and 387, is repealed and recreated to read:
SB153,53,1110 55.19 (3) (br) The court shall order that the county department obtain any
11other necessary information with respect to the individual.
SB153, s. 143 12Section 143. 55.19 (3) (d) (intro.) of the statutes, as created by 2005 Wisconsin
13Acts 264
and 387, is repealed and recreated to read:
SB153,53,1914 55.19 (3) (d) (intro.) The court shall order either a summary hearing or a
15hearing that meets the requirements of s. 55.10. A summary hearing shall be held
16on the record, may be held in court or by other means, including by telephone or
17videoconference, is not an evidentiary hearing, and does not require attendance by
18the individual. The court shall hold a hearing under the requirements of s. 55.10 if
19any of the following apply:
SB153, s. 144 20Section 144. 55.19 (3) (e) 1. of the statutes, as created by 2005 Wisconsin Acts
21264
and 387, is repealed and recreated to read:
SB153,54,222 55.19 (3) (e) 1. If the court finds that the individual continues to meet the
23standards for an order under s. 55.14 (8), the court shall order the continuation of the
24order. The court shall include in the decision the information relied upon as a basis
25for continuation of the order and shall make findings based on the requirements for

1allegations of a petition under s. 55.14 (3) in support of the need for continuation of
2the order.
SB153, s. 145 3Section 145. 55.19 (3) (e) 2. of the statutes, as created by 2005 Wisconsin Acts
4264
and 387, is repealed and recreated to read:
SB153,54,135 55.19 (3) (e) 2. If the court finds that the individual continues to meet the
6standards for an order under s. 55.14 (8) but that modification of the order or the
7treatment plan would be in the best interests of the individual, the court shall modify
8the order, order modifications to the individual's treatment plan, or both. Any
9modifications to the treatment plan are subject to the approval of the guardian. The
10court shall include in the decision the information relied upon as a basis for
11continuation of the order and shall make findings based on the requirements for
12allegations of a petition under s. 55.14 (3) in support of the need for authorizing the
13guardian to consent to involuntary administration of psychotropic medication.
SB153, s. 146 14Section 146. 55.19 (3) (e) 3. of the statutes, as created by 2005 Wisconsin Acts
15264
and 387, is repealed and recreated to read:
SB153,54,2216 55.19 (3) (e) 3. If the court finds that the individual no longer meets the
17standards for an order under s. 55.14 (8), the court shall terminate the order. If the
18order is terminated, the court shall review the needs of the individual with respect
19to other protective services. If the court determines that the individual meets the
20standards under s. 55.08 (2) for other protective services that are not currently being
21provided to the individual, the court may order those protective services for the
22individual.
SB153, s. 147 23Section 147. 55.195 (intro.) of the statutes, as affected by 2005 Wisconsin Acts
24264
and 387, is repealed and recreated to read:
SB153,55,3
155.195 Duties of guardian ad litem for protective services reviews.
2(intro.) In any review of a protective services order made under s. 55.12, except as
3provided in s. 55.19 (2), the guardian ad litem shall do all of the following:
SB153, s. 148 4Section 148. 55.195 (4) of the statutes is amended to read:
SB153,55,65 55.195 (4) Review the annual report and relevant reports on the ward's
6condition and placement protective services.
SB153, s. 149 7Section 149. 55.195 (5) of the statutes is amended to read:
SB153,55,98 55.195 (5) Review the ward's condition, placement protective services, and
9rights with the guardian.
SB153, s. 150 10Section 150. 55.195 (6) of the statutes is amended to read:
SB153,55,1511 55.195 (6) If relevant, report to the court that the ward objects to the finding
12of continuing incompetency, the present or proposed placement protective services,
13the position of the guardian, or the recommendation of the guardian ad litem as to
14the best interests of the ward or if there is ambiguity about the ward's position on
15these matters.
SB153, s. 151 16Section 151. 55.22 (2) of the statutes, as affected by 2005 Wisconsin Acts 264
17and 387, is repealed and recreated to read:
SB153,55,2218 55.22 (2) If the individual is a minor, consent for release of information from
19and access to the court records may be given only as provided in s. 51.30. If the
20individual is an adult who has been adjudicated incompetent in this state, consent
21for release of information from and access to court records may be given only as
22provided in s. 54.75.
SB153, s. 152 23Section 152. 146.40 (1) (am) of the statutes is repealed.
SB153, s. 153 24Section 153. 146.82 (2) (a) 7. of the statutes is repealed and recreated to read:
SB153,56,7
1146.82 (2) (a) 7. To an elder-adult-at-risk agency designated under s. 46.90
2(2) or other investigating agency under s. 46.90 for purposes of s. 46.90 (4) and (5) or
3to an adult-at-risk agency designated under s. 55.043 (1d) for purposes of s. 55.043.
4The health care provider may release information by initiating contact with the
5elder-adult-at-risk agency or adult-at-risk agency without receiving a request for
6release of the information from the elder-adult-at-risk agency or adult-at-risk
7agency.
SB153, s. 154 8Section 154. 560.9811 (1) of the statutes is amended to read:
SB153,56,109 560.9811 (1) In this section, "mental illness serious and persistent mental
10illness
" has the meaning given in s. 51.01 (14t).
SB153, s. 155 11Section 155. 609.65 (1) (intro.) of the statutes, as affected by 2005 Wisconsin
12Acts 264
and 387, is repealed and recreated to read:
SB153,56,2213 609.65 (1) (intro.) If an enrollee of a limited service health organization,
14preferred provider plan, or defined network plan is examined, evaluated, or treated
15for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or
16(4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court
17order under s. 51.20, an order for protective placement or protective services under
18ch. 55, an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then,
19notwithstanding the limitations regarding participating providers, primary
20providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service
21health organization, preferred provider plan, or defined network plan shall do all of
22the following:
SB153, s. 156 23Section 156. 757.69 (1) (h) of the statutes, as affected by 2005 Wisconsin Acts
24264
and 387, is repealed and recreated to read:
SB153,57,9
1757.69 (1) (h) Hear petitions for commitment and conduct probable cause
2hearings under ss. 51.20, 51.45, 55.13, and 55.135, conduct reviews of guardianships
3under ch. 54 and reviews of protective placements and protective services under ch.
455, advise a person alleged to be mentally ill of his or her rights under the United
5States and Wisconsin constitutions, and, if the person claims or appears to be unable
6to afford counsel, refer the person to the authority for indigency determinations
7specified under s. 977.07 (1) or, if the person is a child, refer that child to the state
8public defender who shall appoint counsel for the child without a determination of
9indigency, as provided in s. 48.23 (4).
SB153, s. 157 10Section 157. 813.123 (2) (b) of the statutes is amended to read:
SB153,57,1411 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if
12the individual at risk has been adjudicated incompetent under ch. 880 ch. 880, 2003
13stats., or ch. 54
, notwithstanding an objection by an individual at risk who is the
14subject of the petition, or an objection by the guardian of the individual at risk.
SB153, s. 158 15Section 158. 813.123 (3) (b) of the statutes, as affected by 2005 Wisconsin Acts
16387
and 388, is repealed and recreated to read:
SB153,57,2117 813.123 (3) (b) The court or circuit court commissioner, on its or his or her own
18motion or the motion of any party, shall order that a guardian ad litem be appointed
19for the individual at risk, if the petition under sub. (6) was filed by a person other than
20the individual at risk, and may order that a guardian ad litem be appointed in other
21instances when justice so requires.
SB153, s. 159 22Section 159. 813.123 (4) (a) (intro.) of the statutes, as affected by 2005
23Wisconsin Acts 264
and 388, is repealed and recreated to read:
SB153,58,324 813.123 (4) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
25litem consents in writing and the judge or circuit court commissioner agrees that the

1contact is in the best interests of the individual at risk, a judge or circuit court
2commissioner shall issue a temporary restraining order, as specified in par. (ar), if
3all of the following occur:
SB153, s. 160 4Section 160. 813.123 (4) (a) 2. a. of the statutes, as affected by 2005 Wisconsin
5Acts 264
and 388, is repealed and recreated to read:
Loading...
Loading...