SB82,1
1Section
1. 6.10 (7m) (a) (intro.) of the statutes is amended to read:
SB82,17,52
6.10
(7m) (a) (intro.) The residence of a person who is detained, or committed
3and institutionalized, under s. 51.20
, 971.14, or 971.17 or ch.
975 or 980 shall be
4determined by applying the standards under sub. (1) to whichever of the following
5dates is applicable to the circumstances of the person:
SB82,2
6Section
2
. 6.10 (7m) (a) 2. of the statutes is amended to read:
SB82,17,87
6.10
(7m) (a) 2. For a person committed under
s. 971.14 or 971.17 ch. 975, the
8date of the offense or alleged offense that resulted in the person's commitment.
SB82,3
9Section
3. 13.35 (2) of the statutes is amended to read:
SB82,17,1110
13.35
(2) The immunity provided under sub. (1) is subject to the restrictions
11under s.
972.085 967.18.
SB82,4
12Section
4. 16.84 (2) of the statutes is amended to read:
SB82,18,513
16.84
(2) Appoint such number of police officers as is necessary to safeguard
14all public property placed by law in the department's charge, and provide, by
15agreement with any other state agency, police and security services at buildings and
16facilities owned, controlled, or occupied by the other state agency. The governor or
17the department may, to the extent it is necessary, authorize police officers employed
18by the department to safeguard state officers, state employees, or other persons. A
19police officer who is employed by the department and who is performing duties that
20are within the scope of his or her employment as a police officer has the powers of a
21peace officer under s. 59.28, except that the officer has the arrest powers of a law
22enforcement officer under s.
968.07 969.16 regardless of whether the violation is
23punishable by forfeiture or criminal penalty. The officer may exercise the powers of
24a peace officer and the arrest powers of a law enforcement officer while located
25anywhere within this state. Nothing in this subsection limits or impairs the duty of
1the chief and each police officer of the police force of the municipality in which the
2property is located to arrest and take before the proper court or magistrate persons
3found in a state of intoxication or engaged in any disturbance of the peace or violating
4any state law in the municipality in which the property is located, as required by s.
562.09 (13).
SB82,5
6Section
5. 17.16 (7) (b) of the statutes is amended to read:
SB82,18,87
17.16
(7) (b) The immunity provided under par. (a) is subject to the restrictions
8under s.
972.085 967.18.
SB82,6
9Section
6. 19.32 (1b) of the statutes is amended to read:
SB82,18,1310
19.32
(1b) "Committed person" means a person who is committed under ch.
11975, 2013 stats., or ch. 51,
971, 975
, or 980 and who is placed in an inpatient
12treatment facility, during the period that the person's placement in the inpatient
13treatment facility continues.
SB82,7
14Section
7. 20.435 (2) (bj) of the statutes is amended to read:
SB82,18,2415
20.435
(2) (bj)
Competency examinations and treatment, and conditional
16release, supervised release, and community supervision services. Biennially, the
17amounts in the schedule for outpatient competency examinations and treatment
18services; and for payment by the department of costs for treatment and services for
19persons released under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
20971.17 (3) (d) or (4) (e) 975.57, 975.59, or 980.08 (4) (g) or for persons who are inmates
21of the department of corrections who are released on community supervision, for
22which the department has contracted with county departments under s. 51.42 (3)
23(aw) 1. d., with other public agencies, or with private agencies to provide the
24treatment and services.
SB82,8
25Section
8
. 20.435 (2) (gk) of the statutes is amended to read:
SB82,20,7
120.435
(2) (gk)
Institutional operations and charges. The amounts in the
2schedule for care, other than under s. 51.06 (1r), provided by the centers for the
3developmentally disabled, to reimburse the cost of providing the services and to
4remit any credit balances to county departments that occur on and after
5July 1, 1978, in accordance with s. 51.437 (4rm) (c); for care, other than under s.
646.043, provided by the mental health institutes, to reimburse the cost of providing
7the services and to remit any credit balances to county departments that occur on and
8after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for maintenance of
9state-owned housing at centers for the developmentally disabled and mental health
10institutes; for repair or replacement of property damaged at the mental health
11institutes or at centers for the developmentally disabled; and for reimbursing the
12total cost of using, producing, and providing services, products, and care. All moneys
13received as payments from medical assistance on and after August 1, 1978; as
14payments from all other sources including other payments under s. 46.10 and
15payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical
16assistance payments, other payments under s. 46.10, and payments under s. 51.42
17(3) (as) 2. received on and after January 1, 1979; as payments for the rental of
18state-owned housing and other institutional facilities at centers for the
19developmentally disabled and mental health institutes; for the sale of electricity,
20steam, or chilled water; as payments in restitution of property damaged at the
21mental health institutes or at centers for the developmentally disabled; for the sale
22of surplus property, including vehicles, at the mental health institutes or at centers
23for the developmentally disabled; and for other services, products, and care shall be
24credited to this appropriation, except that any payment under s. 46.10 received for
25the care or treatment of patients admitted under s. 51.10, 51.15, or 51.20 for which
1the state is liable under s. 51.05 (3), of forensic patients committed under ch.
971 975,
22013 stats., or
ch. 975, admitted under ch. 975,
2013 stats., or transferred under s.
351.35 (3), or of patients transferred from a state prison under s. 51.37 (5), to the
4Mendota Mental Health Institute or the Winnebago Mental Health Institute shall
5be treated as general purpose revenue — earned, as defined under s. 20.001 (4); and
6except that moneys received under s. 51.06 (6) may be expended only as provided in
7s. 13.101 (17).
SB82,9
8Section
9. 20.550 (1) (f) of the statutes is amended to read:
SB82,20,139
20.550
(1) (f)
Transcripts, discovery, and interpreters. The amounts in the
10schedule for the costs of interpreters and discovery materials and for the
11compensation of court reporters or clerks of circuit court for preliminary
12examination, trial, and appeal transcripts, and the payment of related costs under
13s.
967.06 (3) 977.072.
SB82,10
14Section
10
. 23.33 (4c) (b) 3. of the statutes is amended to read:
SB82,20,2415
23.33
(4c) (b) 3. `Related charges.' A person may be charged with and a
16prosecutor may proceed upon a complaint based upon a violation of any combination
17of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
18person is charged with violating any combination of subd. 1., 2., or 2m. in the
19complaint, the crimes shall be joined under s.
971.12
970.13. If the person is found
20guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same
21incident or occurrence, there shall be a single conviction for purposes of sentencing
22and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
231., 2., and 2m. each require proof of a fact for conviction which the others do not
24require.
SB82,11
25Section
11. 23.56 (1) of the statutes is amended to read:
SB82,21,7
123.56
(1) A person may be arrested for a violation of those statutes enumerated
2in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
3Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances
4enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after
5a warrant that substantially complies with s.
968.04
969.20 has been issued. Except
6as provided in sub. (2), the person arrested shall be brought without unreasonable
7delay before a court having jurisdiction to try the action.
SB82,12
8Section
12. 23.65 (2) of the statutes is amended to read:
SB82,21,129
23.65
(2) The complaint shall be prepared in the form specified in s. 23.55.
10After a complaint is prepared, it shall be filed with the judge and a summons shall
11be issued or the complaint shall be dismissed pursuant to s.
968.03 969.20. Such
12filing commences the action.
SB82,13
13Section
13. 29.921 (6) of the statutes is amended to read:
SB82,21,1714
29.921
(6) Search warrants; subpoenas. In executing search warrants and
15subpoenas under this chapter where the penalty for the violation is a forfeiture, the
16department shall use procedures which comply with ss.
968.12 968.465, 968.485,
17968.495, 968.506, 968.605, 968.615, and
968.135 to 968.19 968.705.
SB82,14
18Section
14. 29.938 (2) of the statutes is amended to read:
SB82,21,2019
29.938
(2) Property turned over to the department under s.
968.20 (3) 175.27
20(1).
SB82,15
21Section
15. 29.972 (1) (a) of the statutes is amended to read:
SB82,21,2322
29.972
(1) (a) Fails to respond to a summons under s. 23.66 (3) or 23.67 (4), or
23a warrant or summons under s.
968.04 969.20.
SB82,16
24Section
16. 29.972 (1) (c) of the statutes is amended to read:
SB82,22,2
129.972
(1) (c) Fails to appear before the court and is subject to a bench warrant
2under s.
968.09 969.50.
SB82,17
3Section
17. 30.681 (2) (c) of the statutes is amended to read:
SB82,22,134
30.681
(2) (c)
Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of any combination of par. (a)
6or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
7is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
8complaint, the crimes shall be joined under s.
971.12
970.13. If the person is found
9guilty of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
10incident or occurrence, there shall be a single conviction for purposes of sentencing
11and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs
12(a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which the others
13do not require.
SB82,18
14Section
18. 46.10 (2) of the statutes is amended to read:
SB82,23,1815
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
16including but not limited to a person admitted, committed, protected, or placed under
17s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
18stats.,
and s. 55.06, 2003 stats.,
and ss. or s. 975.06, 2013 stats., or s. 51.10, 51.13,
1951.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12,
2055.13, 55.135,
971.14 (2) and (5), 971.17 (1), 975.06 and or 980.06,
or ch. 975, 21receiving care, maintenance, services and supplies provided by any institution in
22this state including University of Wisconsin Hospitals and Clinics, in which the state
23is chargeable with all or part of the person's care, maintenance, services and
24supplies, any person receiving care and services from a county department
25established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and
1any person receiving treatment and services from a public or private agency under
2s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
971.17 (3) (d) or (4) (e) 3975.57 (4), 975.59, or 980.08 (4) (g) and the person's property and estate, including
4the homestead, and the spouse of the person, and the spouse's property and estate,
5including the homestead, and, in the case of a minor child, the parents of the person,
6and their property and estates, including their homestead, and, in the case of a
7foreign child described in s. 48.839 (1) who became dependent on public funds for his
8or her primary support before an order granting his or her adoption, the resident of
9this state appointed guardian of the child by a foreign court who brought the child
10into this state for the purpose of adoption, and his or her property and estate,
11including his or her homestead, shall be liable for the cost of the care, maintenance,
12services and supplies in accordance with the fee schedule established by the
13department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated
14person may be lawfully dependent upon the property for their support, the court
15shall release all or such part of the property and estate from the charges that may
16be necessary to provide for those persons. The department shall make every
17reasonable effort to notify the liable persons as soon as possible after the beginning
18of the maintenance, but the notice or the receipt thereof is not a condition of liability.
SB82,19
19Section
19. 46.90 (6) (bt) 8. of the statutes is amended to read:
SB82,23,2320
46.90
(6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk
21who is the alleged victim named in the record, to assist in preparing for any
22proceeding under
ch. 975, 2013 stats., or ch. 48, 51, 54, 55, 813,
971, or 975 pertaining
23to the alleged victim.
SB82,20
24Section
20. 48.31 (2) of the statutes is amended to read:
SB82,24,21
148.31
(2) The hearing shall be to the court unless the child, the child's parent,
2guardian, or legal custodian, the unborn child's guardian ad litem, or the expectant
3mother of the unborn child exercises the right to a jury trial by demanding a jury trial
4at any time before or during the plea hearing. If a jury trial is demanded in a
5proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial
6is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless
7the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection
8of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02,
9the court may order that a deposition be taken by audiovisual means and allow the
10use of a recorded deposition under s.
967.04 (7) to (10) and, with the district attorney,
11shall comply with s. 971.105 967.22. At the conclusion of the hearing, the court or
12jury shall make a determination of the facts, except that in a case alleging a child or
13an unborn child to be in need of protection or services under s. 48.13 or 48.133, the
14court shall make the determination under s. 48.13 (intro.) or 48.133 relating to
15whether the child or unborn child is in need of protection or services that can be
16ordered by the court. If the court finds that the child or unborn child is not within
17the jurisdiction of the court or, in a case alleging a child or an unborn child to be in
18need of protection or services under s. 48.13 or 48.133, that the child or unborn child
19is not in need of protection or services that can be ordered by the court, or if the court
20or jury finds that the facts alleged in the petition have not been proved, the court shall
21dismiss the petition with prejudice.
SB82,21
22Section
21. 48.315 (4) of the statutes is created to read:
SB82,25,523
48.315
(4) The court and the representative of the public under s. 48.09 shall
24take appropriate action to ensure a speedy fact-finding and dispositional hearing in
25order to minimize the time during which any victim of the abuse or neglect addressed
1at the hearing or any witness, as defined in s. 950.02 (5), who is a child must endure
2the stress of his or her involvement in the proceeding. In ruling on any motion or
3other request for any continuance or delay of the proceedings, the court shall consider
4and give weight to any adverse impact the delay or continuance may have on the
5well-being of the victim or any child witness.
SB82,22
6Section
22. 48.396 (2) (dr) of the statutes is amended to read:
SB82,25,127
48.396
(2) (dr) Upon request of the department of corrections or any other
8person preparing a presentence investigation under s.
972.15 973.004 to review court
9records for the purpose of preparing the presentence investigation, the court shall
10open for inspection by any authorized representative of the requester the records of
11the court relating to any child who has been the subject of a proceeding under this
12chapter.
SB82,23
13Section
23. 48.78 (2) (d) 1. of the statutes is amended to read:
SB82,25,1514
48.78
(2) (d) 1. The subject of a presentence investigation under s.
972.15 15973.004.
SB82,24
16Section
24. 48.981 (1) (b) of the statutes is amended to read:
SB82,26,717
48.981
(1) (b) "Community placement" means probation; extended supervision;
18parole; aftercare; conditional transfer into the community under s. 51.35 (1);
19conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential
20care center for children and youth or a Type 2 juvenile correctional facility
21authorized under s. 938.539 (5); conditional release under s.
971.17 975.57 or 975.59;
22supervised release under s. 980.06 or 980.08; participation in the community
23residential confinement program under s. 301.046, the intensive sanctions program
24under s. 301.048, the corrective sanctions program under s. 938.533, the intensive
25supervision program under s. 938.534, or the serious juvenile offender program
1under s. 938.538; or any other placement of an adult or juvenile offender in the
2community under the custody or supervision of the department of corrections, the
3department of health services, a county department under s. 46.215, 46.22, 46.23,
451.42, or 51.437 or any other person under contract with the department of
5corrections, the department of health services or a county department under s.
646.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the
7offender.
SB82,25
8Section
25. 48.981 (7) (a) 14m. of the statutes is amended to read:
SB82,26,99
48.981
(7) (a) 14m. A judge conducting proceedings under s.
968.26 968.105.
SB82,26
10Section
26. 49.138 (1m) (c) of the statutes is amended to read:
SB82,26,1211
49.138
(1m) (c) A member of the family was a victim of domestic abuse, as
12defined in s.
968.075 969.27 (1) (a).
SB82,27
13Section
27. 49.19 (4) (d) 3. of the statutes is amended to read:
SB82,26,1614
49.19
(4) (d) 3. Is the wife of a husband who has been committed to the
15department pursuant to ch. 975
, 2013 stats., irrespective of the probable period of
16such commitment; or
SB82,28
17Section
28. 51.05 (2) of the statutes is amended to read:
SB82,27,218
51.05
(2) Admissions authorized by counties. The department may not accept
19for admission to a mental health institute any resident person, except in an
20emergency, unless the county department under s. 51.42 in the county where the
21person has residence authorizes the care under s. 51.42 (3) (as). Patients who are
22committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
23or
s. 975.06, 2013 stats., or s.
971.14, 971.17, 975.06, or 980.06,
or ch. 975, admitted
24by the department under s. 975.17, 1977 stats., or are transferred from a juvenile
25correctional facility or a secured residential care center for children and youth to a
1state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment
2facility under s. 51.37 (5) are not subject to this section.
SB82,29
3Section
29. 51.20 (1) (am) of the statutes is amended to read:
SB82,28,34
51.20
(1) (am) If the individual has been the subject of inpatient treatment for
5mental illness, developmental disability, or drug dependency immediately prior to
6commencement of the proceedings as a result of a voluntary admission, a
7commitment or protective placement ordered by a court under this section
or, s.
855.06, 2003 stats.,
s. 971.17 ch. 975, 2013 stats., or ch. 975, or a protective placement
9or protective services ordered under s. 55.12, or if the individual has been the subject
10of outpatient treatment for mental illness, developmental disability, or drug
11dependency immediately prior to commencement of the proceedings as a result of a
12commitment ordered by a court under this section,
s. 971.17 ch. 975, 2013 stats., or
13ch. 975, the requirements of a recent overt act, attempt or threat to act under par.
14(a) 2. a. or b., pattern of recent acts or omissions under par. (a) 2. c. or e., or recent
15behavior under par. (a) 2. d. may be satisfied by a showing that there is a substantial
16likelihood, based on the subject individual's treatment record, that the individual
17would be a proper subject for commitment if treatment were withdrawn. If the
18individual has been admitted voluntarily to an inpatient treatment facility for not
19more than 30 days prior to the commencement of the proceedings and remains under
20voluntary admission at the time of commencement, the requirements of a specific
21recent overt act, attempt or threat to act, or pattern of recent acts or omissions may
22be satisfied by a showing of an act, attempt or threat to act, or pattern of acts or
23omissions which took place immediately previous to the voluntary admission. If the
24individual is committed under s.
971.14 (2) or (5)
975.32 or 975.34 at the time
25proceedings are commenced, or has been discharged from the commitment
1immediately prior to the commencement of proceedings, acts, attempts, threats,
2omissions, or behavior of the subject individual during or subsequent to the time of
3the offense shall be deemed recent for purposes of par. (a) 2.
SB82,30
4Section
30. 51.20 (16) (j) of the statutes is amended to read:
SB82,28,75
51.20
(16) (j) This subsection applies to petitions for reexamination that are
6filed under ch.
971, but not s. 971.17, and ch. 975,
2013 stats., and subch. II of ch. 975, 7except that the petitions shall be filed with the committing court.
SB82,31
8Section
31. 51.30 (3) (b) of the statutes is amended to read:
SB82,28,149
51.30
(3) (b) An individual's attorney or guardian ad litem and the corporation
10counsel shall have access to the files and records of the court proceedings under this
11chapter without the individual's consent and without modification of the records in
12order to prepare for involuntary commitment or recommitment proceedings,
13reexaminations, appeals, or other actions relating to detention, admission, or
14commitment under this chapter
, ch. 975, 2013 stats., or ch.
971, 975
, or 980.
SB82,32
15Section
32. 51.30 (4) (b) 8m. of the statutes is amended to read:
SB82,28,1916
51.30
(4) (b) 8m. To appropriate examiners and facilities in accordance with s.
1754.36 (3),
971.17 (2) (e), (4) (c), and (7) (c) 975.56 (2), 975.59 (3), or 975.63 (4). The
18recipient of any information from the records shall keep the information confidential
19except as necessary to comply with
s. 971.17 subch. III of ch. 975.
SB82,33
20Section
33. 51.30 (4) (b) 9. of the statutes is amended to read:
SB82,29,421
51.30
(4) (b) 9. To a facility which is to receive an individual who is involuntarily
22committed under this chapter,
ch. 975, 2013 stats., or ch. 48, 938,
971, or 975 upon
23transfer of the individual from one treatment facility to another. Release of records
24under this subdivision shall be limited to such treatment records as are required by
25law, a record or summary of all somatic treatments, and a discharge summary. The
1discharge summary may include a statement of the patient's problem, the treatment
2goals, the type of treatment which has been provided, and recommendation for future
3treatment, but it may not include the patient's complete treatment record. The
4department shall promulgate rules to implement this subdivision.
SB82,34
5Section
34. 51.30 (4) (b) 11. of the statutes is amended to read:
SB82,29,106
51.30
(4) (b) 11. To the subject individual's counsel or guardian ad litem and
7the corporation counsel, without modification, at any time in order to prepare for
8involuntary commitment or recommitment proceedings, reexaminations, appeals, or
9other actions relating to detention, admission, commitment, or patients' rights under
10this chapter
, ch. 975, 2013 stats., or ch. 48,
971, 975, or 980.
SB82,35
11Section
35. 51.30 (4) (b) 12m. of the statutes is amended to read:
SB82,29,1612
51.30
(4) (b) 12m. To any person if the patient was admitted under s.
971.14,
13971.17 or 980.06
, ch. 975, 2013 stats., or ch. 975 or transferred under s. 51.35 (3) or
1451.37 and is on unauthorized absence from a treatment facility. Information released
15under this subdivision is limited to information that would assist in the
16apprehension of the patient.
SB82,36
17Section
36. 51.30 (4) (b) 16. of the statutes is amended to read:
SB82,30,218
51.30
(4) (b) 16. If authorized by the secretary or his or her designee, to a law
19enforcement agency upon request if the individual was admitted under ch.
971 975,
202013 stats., or
ch. 975 or transferred under s. 51.35 (3) or 51.37. Information released
21under this subdivision is limited to the individual's name and other identifying
22information, including photographs and fingerprints, the branch of the court that
23committed the individual, the crime that the individual is charged with, found not
24guilty of by reason of mental disease or defect or convicted of, whether or not the
25individual is or has been authorized to leave the grounds of the institution and
1information as to the individual's whereabouts during any time period. In this
2subdivision "law enforcement agency" has the meaning provided in s. 165.83 (1) (b).
SB82,37
3Section
37. 51.30 (7) of the statutes is amended to read:
SB82,30,64
51.30
(7) Criminal commitments. Except as otherwise specifically provided,
5this section applies to the treatment records of persons who are committed under
chs.
6971 and ch. 975, 2013 stats., or ch. 975.
SB82,38
7Section
38. 51.37 (1) of the statutes is amended to read:
SB82,30,108
51.37
(1) All commitments under s. 975.01, 1977 stats.,
and s. 975.02, 1977
9stats., and
under ss. 971.14 (5), 971.17 s. 975.06, 2013 stats., and
975.06 ss. 975.34,
10975.55, and 975.57 shall be to the department.
SB82,39
11Section
39. 51.37 (3) of the statutes is amended to read:
SB82,30,1412
51.37
(3) The Mendota and Winnebago mental health institutes may be used
13for the custody, care and treatment of persons committed or transferred thereto
14pursuant to this section
and chs. 971 and, ch. 975, 2013 stats., or ch. 975.
SB82,40
15Section
40. 51.37 (4) of the statutes is amended to read:
SB82,30,2216
51.37
(4) The department may, with the approval of the committing court and
17the county department under s. 51.42 or 51.437, and subject to s. 51.35, transfer to
18the care and custody of a county department under s. 51.42 or 51.437 any person in
19an institution of the department committed under
s. 971.14 or 971.17 ch. 975, if in
20its opinion, the mental condition of the person is such that further care is required
21and can be properly provided under the direction of the county department under s.
2251.42 or 51.437.
SB82,41
23Section
41. 51.37 (9) of the statutes is amended to read:
SB82,31,1724
51.37
(9) If in the judgment of the director of Mendota Mental Health Institute,
25Winnebago Mental Health Institute or the Milwaukee County Mental Health
1Complex, any person who is committed under
s. 971.14 or 971.17 ch. 975 is not in
2such condition as warrants his or her return to the court but is in a condition to
3receive a conditional transfer or discharge under supervision, the director shall
4report to the department of health services, the committing court and the district
5attorney of the county in which the court is located his or her reasons for the
6judgment. If the court does not file objection to the conditional transfer or discharge
7within 60 days of the date of the report, the director may, with the approval of the
8department of health services, conditionally transfer any person to a legal guardian
9or other person, subject to the rules of the department of health services. Before a
10person is conditionally transferred or discharged under supervision under this
11subsection, the department of health services shall so notify the municipal police
12department and county sheriff for the area where the person will be residing. The
13notification requirement does not apply if a municipal department or county sheriff
14submits to the department of health services a written statement waiving the right
15to be notified. The department of health services may contract with the department
16of corrections for the supervision of persons who are transferred or discharged under
17this subsection.
SB82,42
18Section
42. 51.37 (10) (am) of the statutes is amended to read:
SB82,31,2319
51.37
(10) (am) The director of a state treatment facility may grant to any
20patient admitted to the facility as a result of a commitment under ch.
971 975, 2013
21stats., or
ch. 975, a home visit for up to 15 days, or a leave for employment or
22education purposes in which the patient is not absent from the facility for more than
2315 days.
SB82,43
24Section
43. 51.375 (1) (a) of the statutes is amended to read:
SB82,32,4
151.375
(1) (a) "Community placement" means conditional transfer into the
2community under s. 51.35 (1), conditional release under s.
971.17 975.57 or 975.59,
3parole from a commitment for specialized treatment under ch. 975
, 2013 stats., or
4supervised release under ch. 980.
SB82,44
5Section
44. 51.39 of the statutes is amended to read:
SB82,32,14
651.39 Resident patients on unauthorized absence. If any patient who is
7admitted, transferred, or placed under s. 55.06, 2003 stats.,
or s. 51.13, 51.15, 51.20,
851.35 (3), 51.37, or 51.45 (11) (b), (12) or (13)
, ch. 975, 2013 stats., or ch. 55,
971, 975,
9or 980 is on unauthorized absence from a treatment facility, the sheriff or any other
10law enforcement agency in the county in which the patient is found or in which it is
11believed the patient may be present, upon the request of the director, shall take
12charge of and return the patient to the facility. The costs incident to the return shall
13be paid out of the facility's operating funds and be charged back to the patient's
14county of residence.
SB82,45
15Section
45. 51.42 (3) (as) 1m. of the statutes is amended to read: