AB451: Bill Text

AB451,12,10 (b) Any person may submit a formal written request to the county department that is responsible for approving the need for an emergency stabilization in the individual's county of residence that the county department work with law enforcement to initiate, and that the county department approve the need for, an emergency stabilization under this section for an individual. The person shall make the formal request on a form created by the department of health services and approved by the department of justice that includes all of the following elements:

AB451,12,11 1. The requesting person's name, address, and contact information.

AB451,12,13 2. The name and address of the individual whom the requesting person is recommending for emergency stabilization.

AB451,12,15 3. The requesting person's relationship to the individual whom the requesting person is recommending for emergency stabilization.

AB451,12,18 4. A statement that the requesting person has cause to believe that the individual whom the requesting person is recommending for emergency stabilization is mentally ill, drug dependent, or developmentally disabled.

AB451,12,23 5. A statement that the requesting person has cause to believe that the individual whom the requesting person is recommending for emergency stabilization evidences behavior which manifests a substantial probability of physical harm to himself or herself or to others, or which otherwise meets the criteria under sub. (1) (a).

AB451,13,2 6. A statement describing specific recent dangerous behavior or behavior indicating a failure to satisfy basic needs, including when and where the behavior occurred and an identification of persons who witnessed such behavior, if known by the requesting person.

AB451,13,8 7. A statement describing current or past action that leads the person to believe that the individual will not consent to or will withdraw consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and imminently remove a substantial probability of harm to himself, herself, or others or a substantial probability of physical impairment or injury to himself, herself, or others.

AB451,13,12 (c) The county department shall respond to a formal request made under par. (b) within 24 hours of receiving the request, except that if the request relates to an individual in a hospital, the county department shall respond within 6 hours of receiving the request.

AB451,13,19 (d) If, in response to a formal request made under par. (b), the county department does not agree to pursue or approve the need for an emergency stabilization under this section, or if the applicable law enforcement agency does not agree to initiate an emergency stabilization under this section, the county department shall respond in writing to the requesting person on a form created by the department of health services and approved by the department of justice and include all of the following in the response:

AB451,13,22 1. A statement of the county department's decision or law enforcement agency's decision not to initiate an emergency stabilization of the individual as requested under par. (b).

AB451,13,24 2. A statement of the reason for the decision not to initiate an emergency stabilization of the individual.

AB451,14,3 3. Information to the requesting party about how to initiate a judicially ordered emergency stabilization under sub. (5j) and directions on how to receive a copy of a form to petition for a judicially ordered emergency stabilization under sub. (5j) (c).

AB451,14,9 (e) If a formal request under par. (b) does not result in an emergency stabilization under this subsection or if the petition for a judicially ordered emergency stabilization is not granted under sub. (5j), then any information on the completed form under par. (b) that would reasonably identify the requesting person may not be released by any recipient of the request form without the consent of the requesting person.

AB451,14,13 (f) 1. No person has any obligation to make a request to initiate an emergency stabilization under this subsection or petition a court under sub. (5j). A person who does not make a request to initiate an emergency stabilization under this subsection or petition the court under sub. (5j) is not liable for damages in a civil action.

AB451,14,17 2. This subsection and sub. (5j) do not mitigate the responsibility of law enforcement or a county department to evaluate individuals for initiation or approval of emergency stabilization in the absence of a request under this subsection or a petition under sub. (5j).

AB451,13 Section 13. 51.15 (5j) of the statutes is created to read:

AB451,14,21 51.15 (5j) Judicially ordered emergency stabilization. (a) Any person may petition a court with appropriate jurisdiction to order that an individual be taken into custody for an emergency stabilization under this subsection.

AB451,14,23 (b) A person submitting a petition under par. (a) shall include in the petition all of the following:

AB451,15,3 1. The name and address of the individual whom the petitioner is recommending for emergency stabilization and the petitioner's relationship to that individual.

AB451,15,8 2. A statement that the petitioner has cause to believe that the individual is mentally ill, is drug dependent, or is developmentally disabled. The petitioner is not required to designate in the statement whether the individual is mentally ill or drug dependent or developmentally disabled. The petitioner shall allege that he or she has cause to believe that the individual evidences on or more of those conditions.

AB451,15,11 3. A statement that the petitioner has cause to believe that the individual is dangerous or unable to satisfy basic needs because the individual meets any of the criteria in sub. (1) (a).

AB451,15,15 4. Detailed, specific information describing the recent dangerous behavior or behavior indicating a failure to satisfy basic needs, supporting the beliefs under subds. 2. and 3., and including the names of persons observing or reporting the recent overt act, attempt or threat to act, or omission.

AB451,15,21 5. A statement describing current or past action that leads the petitioner to believe that the individual will not consent to or will withdraw consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and imminently remove a substantial probability of harm to himself, herself, or others or a substantial probability of physical impairment or injury to himself, herself, or others.

AB451,15,24 6. If the petitioner submitted a formal request under sub. (5g) (b) requesting emergency stabilization of the individual, a copy of that formal request submitted under sub. (5g) (b) and a copy of the response under sub. (5g) (d).

AB451,16,6 (c) The department of justice, with approval of the department of health services, shall develop a petition form for a person to use to request a judicially ordered emergency detention under this subsection that meets the requirements of par. (b). The department of justice shall make the petition form available on its Internet site. The department of health services shall provide access to the department of justice petition form through its Internet site.

AB451,16,16 (d) Within 24 hours of the filing of a petition for an emergency stabilization, excluding Saturdays, Sundays, and legal holidays, the court shall either deny the petition or order that an individual be taken into custody for an emergency stabilization. The court shall order that an individual be taken into custody for an emergency stabilization only if the court finds cause to believe that the statements made in the petition are reliable, that the individual is mentally ill, drug dependent, or developmentally disabled, and that the individual is eligible for detention for stabilization under sub. (1) (a) based upon specific recent overt acts, attempts or threats to act, or omissions made by the individual. The court shall specify these findings in its order.

AB451,17,4 (e) An order by the court under par. (d) is a statement of emergency stabilization and has the same effect as a petition for commitment under s. 51.20. Notwithstanding the emergency stabilization procedures under subs. (4) and (5), if the court orders that an individual be taken into custody for an emergency stabilization under par. (d), the court shall schedule a probable cause hearing as provided in s. 51.20 (7) to take place no later than 72 hours following the order, excluding Saturdays, Sundays, and legal holidays, except that the court may order the probable cause hearing to take place at a later time if it determines that the timing is unreasonable or as provided in s. 51.20 (7). At the time of scheduling the probable cause hearing, the court shall assure that the individual under emergency stabilization is represented by adversary counsel by referring the individual to the state public defender, who shall appoint counsel for the individual without a determination of indigency, as provided in s. 51.60.

AB451,17,8 (f) The corporation counsel may represent the interests of the public in the conduct of the proceedings under this subsection and in the probable cause hearing following an emergency stabilization ordered under this subsection, including the drafting of papers related to the action.

AB451,17,21 (g) If the court denies the petition that the individual be taken into custody for an emergency stabilization under this subsection, the petitioner shall be responsible for all court costs. If the court orders that an individual be taken into custody for an emergency stabilization and the petition followed a response under sub. (5g) (d) that the county department did not agree to pursue or approve the need for an emergency stabilization, then the county department shall pay for any court costs and any attorney fees of the petitioner incurred in filing and pursuing the petition under this subsection. If the court orders that an individual be taken into custody for an emergency stabilization and the petition followed a response under sub. (5g) (d) that the applicable law enforcement agency did not agree to initiate an emergency stabilization, then the applicable law enforcement agency shall pay for any court costs and any attorney fees of the petitioner incurred in filing and pursuing the petition under this subsection.

AB451,14 Section 14. 51.15 (7) of the statutes is amended to read:

AB451,18,13 51.15 (7) Intercounty agreements. Counties may enter into contracts whereby one county agrees to conduct commitment hearings for individuals who are detained for stabilization in that county but who are taken into custody under this section in another county. Such contracts shall include provisions for reimbursement to the county of detention for all reasonable direct and auxiliary costs of commitment proceedings conducted under this section and s. 51.20 by the county of detention concerning individuals taken into custody in the other county and shall include provisions to cover the cost of any voluntary or involuntary services provided under this chapter to the subject individual as a result of proceedings or conditional suspension of proceedings resulting from the notification of detention. Where there is such a contract binding the county where the individual is taken into custody and the county where the individual is detained, the statements of detention emergency stabilization specified in subs. (4) and, (5), and (5j) and the notification specified in sub. (4) shall be filed with the court having probate jurisdiction in the county of detention, unless the subject individual requests that the proceedings be held in the county in which the individual is taken into custody.

AB451,15 Section 15. 51.15 (8) of the statutes is amended to read:

AB451,18,22 51.15 (8) Evaluation, diagnosis and treatment. When an individual is detained for stabilization under this section, the director and staff of the treatment facility may evaluate, diagnose, and treat the individual during detention, if the individual consents. The individual has a right to refuse medication and treatment as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right by the director of the facility or his or her designee, and a report of any evaluation and diagnosis and of all treatment provided shall be filed by that person with the court.

AB451,16 Section 16. 51.15 (9) of the statutes is amended to read:

AB451,19,6 51.15 (9) Notice of rights. At the time of detention for emergency stabilization the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under s. 51.60, and the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention stabilization or a copy of the court's order under sub. (5j).

AB451,17 Section 17. 51.15 (10) of the statutes is amended to read:

AB451,19,17 51.15 (10) Voluntary patients. If an individual has been admitted to an approved treatment facility under s. 51.10 or 51.13, or has been otherwise admitted to such facility, the treatment director or his or her designee, if conditions exist for taking the individual into custody under sub. (1), may sign a statement of emergency detention stabilization and may detain for stabilization, or detain for stabilization, evaluate, diagnose and treat, the individual as provided in this section. In such case, the treatment director shall undertake all responsibilities that are required of a law enforcement officer under this section. The treatment director shall promptly file the statement with the court having probate jurisdiction in the county of detention as provided in this section.

AB451,18 Section 18. 51.15 (11m) of the statutes is amended to read:

AB451,19,25 51.15 (11m) Training. Law enforcement agencies shall designate at least one officer authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention stabilization and emergency protective placement procedures offered by a county department of community programs under s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the law enforcement agency's jurisdiction offers an in-service training program.

AB451,19 Section 19. 51.15 (12) of the statutes is amended to read:

AB451,20,6 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false is guilty of a Class H felony. Whoever submits a formal request under sub. (5g) or files a petition under sub. (5j) knowing information contained in the request or petition is false is guilty of a Class H felony.

AB451,20 Section 20. 51.20 (2) (a) and (b) of the statutes are amended to read:

AB451,20,14 51.20 (2) (a) Upon the filing of a petition for examination, the court shall review the petition to determine whether an order of detention should be issued under this section. The subject individual shall be detained only if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and the individual is eligible for commitment under sub. (1) (a) or (am) based upon specific recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions made by the individual.

AB451,21,10 (b) If the subject individual is to be detained under an order issued under par. (a), a law enforcement officer shall present the subject individual with a notice of hearing, a copy of the petition under sub. (1) and detention order and a written statement of the individual's right to an attorney, a jury trial if requested more than 48 hours prior to the final hearing, the standard upon which he or she may be committed under this section and the right to a hearing to determine probable cause for commitment within 72 hours after the individual arrives at the facility, excluding Saturdays, Sundays and legal holidays. The officer shall orally inform the individual that he or she is being taken into custody as the result of a petition and detention order issued under this chapter. If the individual is not to be detained, the law enforcement officer shall serve these documents on the subject individual and shall also orally inform the individual of these rights. The individual who is the subject of the petition under sub. (1), his or her counsel and, if the individual is a minor, his or her parent or guardian, if known, shall receive notice of all proceedings under this section. The court may also designate other persons to receive notices of hearings and rights under this chapter. Any such notice may be given by telephone. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke. The notice of time and place of a hearing shall be served personally on the subject of the petition, and his or her attorney, within a reasonable time prior to the hearing to determine probable cause for commitment.

AB451,21 Section 21. 51.20 (4) of the statutes is amended to read:

AB451,21,19 51.20 (4) Public representation. Except as provided in sub. (7) (ag) and ss. 51.15 (5j) (f), 51.42 (3) (ar) 1., and 51.437 (4m) (f), the corporation counsel shall represent the interests of the public in the conduct of all proceedings under this chapter, including the drafting of all necessary papers related to the action. If a statement of emergency stabilization is filed under s. 51.15 (10), the corporation counsel shall draft and file all papers and petitions necessary to support a finding of probable cause that the detained individual meets the criteria for involuntary commitment under sub. (1) or (1m).

AB451,22 Section 22. 51.20 (7) (ag) of the statutes is created to read:

AB451,21,23 51.20 (7) (ag) For a probable cause hearing under this subsection after an emergency stabilization is ordered by a court under s. 51.15 (5j), all of the following apply:

AB451,22,3 1. The petitioner, corporation counsel, or both may participate in the probable cause proceedings under this subsection and may draft and file any necessary papers related to the action.

AB451,22,13 2. If the court determines that there is probable cause to believe the individual meets the criteria for involuntary commitment under sub. (1) or (1m) and the corporation counsel did not actively advocate for a finding of probable cause, then the court shall order that the corporation counsel's county shall pay for all court costs related to the probable cause hearing and the attorney fees of the petitioner incurred pursuing the determination of probable cause. The court shall appoint a special counsel to serve in the role that would otherwise be served by corporation counsel for the remainder of proceedings pertaining to the individual under this section. All costs incurred by the special counsel shall be reimbursed by the county of the replaced corporation counsel.

AB451,23 Section 23. 51.20 (18) (c) of the statutes is amended to read:

AB451,22,20 51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention stabilization or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained for stabilization, committed, or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.64 (1).

AB451,24 Section 24. 51.35 (2) of the statutes is amended to read:

AB451,23,5 51.35 (2) Transfer of certain developmentally disabled patients. The department may authorize a transfer of a patient from a center for the developmentally disabled to a state treatment facility if the patient is mentally ill and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. to himself or herself or to others in the treatment facility where he or she is present. The department shall file a statement of emergency detention stabilization with the committing court within 24 hours after receiving the person for emergency detention stabilization. The statement shall conform to the requirements specified in s. 51.15 (4).

AB451,25 Section 25. 51.35 (3) (e) of the statutes is amended to read:

AB451,24,3 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility if there is cause to believe that the individual has a mental illness, drug dependency, or developmental disability and exhibits conduct that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous, 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 custodian of the sending juvenile correctional facility or secured residential care center for children and youth shall execute a statement of emergency detention stabilization or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention stabilization or commitment. 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 juvenile correctional facility or secured residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court that directed confinement in the juvenile correctional facility or secured residential care center for children and youth.

AB451,26 Section 26. 51.35 (3) (g) of the statutes is amended to read:

AB451,24,23 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the juvenile correctional facility or secured residential care center for children and youth, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the juvenile correctional facility or secured residential care center for children and youth within 48 hours after submission of the request unless a statement is filed for emergency detention stabilization or a petition is filed for emergency commitment, involuntary commitment, or protective placement.

AB451,27 Section 27. 51.35 (8) (b) of the statutes is amended to read:

AB451,25,6 51.35 (8) (b) If a patient or resident who is detained for stabilization under s. 51.15, committed under s. 51.20 or transferred under sub. (3) does not return to the treatment facility by the time designated in the granting of the home visit or leave, the director of the treatment facility may request the sheriff of the county in which the individual is found to return the individual to the facility. The sheriff shall act in accordance with s. 51.39.

AB451,28 Section 28. 51.37 (5) (b) of the statutes is amended to read:

AB451,26,2 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. 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 stabilization or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health 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 stabilization procedure in s. 51.15 or the emergency commitment procedure in s. 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.

AB451,29 Section 29. 51.42 (3) (ar) 4. d. of the statutes is amended to read:

AB451,26,13 51.42 (3) (ar) 4. d. Related research and staff in-service training, including periodic training on emergency detention stabilization procedures under s. 51.15, emergency protective services under s. 55.13, and emergency protective placement procedures under s. 55.135, for persons within the jurisdiction of the county department of community programs who are authorized to take individuals into custody under ss. 51.15 and 55.135. In developing in-service training on emergency detention stabilization and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under s. 51.437 in counties where these departments are separate.

AB451,30 Section 30. 55.135 (6) of the statutes is amended to read:

AB451,26,21 55.135 (6) A law enforcement agency, fire department, or county department or agency with which it contracts under s. 55.02 (2) shall designate at least one employee authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention stabilization and emergency protective placement offered by a county department of community programs under s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the designated employee's jurisdiction offers an in-service training program.

AB451,31 Section 31. 154.13 (2) (c) of the statutes is amended to read:

AB451,27,2 154.13 (2) (c) The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the declarant, for emergency detention stabilization under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

AB451,32 Section 32. 155.65 (2) (c) of the statutes is amended to read:

AB451,27,7 155.65 (2) (c) The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the principal, for emergency detention stabilization under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.

AB451,33 Section 33. 165.85 (4) (b) 1d. b. of the statutes is amended to read:

AB451,27,16 165.85 (4) (b) 1d. b. Training on emergency detention stabilization standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.135, and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention stabilization and emergency protective placement standards, making emergency detentions stabilizations and emergency protective placements, and locating appropriate facilities for the emergency detentions stabilizations and emergency protective placements of persons.

AB451,34 Section 34. 165.86 (2) (b) of the statutes is amended to read:

AB451,28,7 165.86 (2) (b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention stabilization of persons under s. 51.15 and emergency protective placement under s. 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention stabilization and emergency protective placement by cooperating with county departments of community programs in the development of these courses under s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.

AB451,35 Section 35. 609.65 (1) (intro.) of the statutes is amended to read:

AB451,28,18 609.65 (1) (intro.) If an enrollee of a limited service health organization, preferred provider plan, or defined network plan is examined, evaluated, or treated for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or (4r), 2003 stats., an emergency detention stabilization under s. 51.15, a commitment or a court order under s. 51.20, an order for protective placement or protective services under ch. 55, an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then, notwithstanding the limitations regarding participating providers, primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service health organization, preferred provider plan, or defined network plan shall do all of the following:

AB451,36 Section 36. 609.65 (1) (b) 2. of the statutes is amended to read:

AB451,28,24 609.65 (1) (b) 2. The service is provided pursuant to an emergency detention stabilization under s. 51.15 or on an emergency basis to a person who is committed under s. 51.20 and the provider notifies the limited service health organization, preferred provider plan, or defined network plan within 72 hours after the initial provision of the service.

AB451,37 Section 37. 938.20 (5) (title) of the statutes is amended to read:

AB451,29,1 938.20 (5) (title) Emergency detention stabilization of juvenile.

AB451,38 Section 38. 977.05 (4) (i) 4. of the statutes is amended to read:

AB451,29,4 977.05 (4) (i) 4. Cases involving persons subject to emergency detention stabilization or involuntary civil commitment under ch. 51.

AB451,29,5 (End)