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:
SB82,32,2216 51.42 (3) (as) 1m. A county department shall reimburse a mental health
17institute at the institute's daily rate for custody of any person who is ordered by a
18court located in that county to be examined at the mental health institute under s.
19971.14 (2) 975.32 for all days that the person remains in custody at the mental health
20institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays,
21after the sheriff and county department receive notice under s. 971.14 (2) (d) 975.32
22(5)
that the examination has been completed.
SB82,46 23Section 46. 51.42 (3) (as) 1r. of the statutes is amended to read:
SB82,33,2124 51.42 (3) (as) 1r. A county department shall authorize all care of any patient
25in a state, local, or private facility under a contractual agreement between the county

1department and the facility, unless the county department governs the facility. The
2need for inpatient care shall be determined by the program director or designee in
3consultation with and upon the recommendation of a licensed physician trained in
4psychiatry and employed by the county department or its contract agency. In cases
5of emergency, a facility under contract with any county department shall charge the
6county department having jurisdiction in the county where the patient is found. The
7county department shall reimburse the facility for the actual cost of all authorized
8care and services less applicable collections under s. 46.036, unless the department
9of health services determines that a charge is administratively infeasible, or unless
10the department of health services, after individual review, determines that the
11charge is not attributable to the cost of basic care and services. Except as provided
12in subd. 1m., a county department may not reimburse any state institution or receive
13credit for collections for care received in a state institution by nonresidents of this
14state, interstate compact clients, transfers under s. 51.35 (3), transfers from
15Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
16stats., or s. 975.02, 1977 stats., or s. 975.06, 2013 stats., or s. 971.14, 971.17 or 975.06
17ch. 975 or admissions under s. 975.17, 1977 stats., or children placed in the
18guardianship of the department of children and families under s. 48.427 or 48.43 or
19under the supervision of the department of corrections under s. 938.183 or 938.355.
20The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs
21that are attributable to care and treatment of the client.
SB82,47 22Section 47. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
SB82,34,523 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
24conditional release plan approved by a court for a person who is a county resident and
25is conditionally released under s. 971.17 (3) or (4) 975.57 (4) or 975.59 or that are

1specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997
2stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g). If the county department provides
3treatment and services under this subdivision, the department of health services
4shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for
5the costs of the treatment and services.
SB82,48 6Section 48. 51.437 (4rm) (a) of the statutes is amended to read:
SB82,35,97 51.437 (4rm) (a) A county department of developmental disabilities services
8shall authorize all care of any patient in a state, local, or private facility under a
9contractual agreement between the county department of developmental disabilities
10services and the facility, unless the county department of developmental disabilities
11services governs the facility. The need for inpatient care shall be determined by the
12program director or designee in consultation with and upon the recommendation of
13a licensed physician trained in psychiatry and employed by the county department
14of developmental disabilities services or its contract agency prior to the admission
15of a patient to the facility except in the case of emergency services. In cases of
16emergency, a facility under contract with any county department of developmental
17disabilities services shall charge the county department of developmental
18disabilities services having jurisdiction in the county where the individual receiving
19care is found. The county department of developmental disabilities services shall
20reimburse the facility, except as provided under par. (c), for the actual cost of all
21authorized care and services less applicable collections under s. 46.036, unless the
22department of health services determines that a charge is administratively
23infeasible, or unless the department of health services, after individual review,
24determines that the charge is not attributable to the cost of basic care and services.
25The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs

1which are attributable to care and treatment of the client. County departments of
2developmental disabilities services may not reimburse any state institution or
3receive credit for collections for care received in a state institution by nonresidents
4of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments
5under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06,
62013 stats., or ch. 975, admissions under s. 975.17, 1977 stats., children placed in the
7guardianship of the department of children and families under s. 48.427 or 48.43 or
8juveniles under the supervision of the department of corrections under s. 938.183 or
9938.355.
SB82,49 10Section 49. 51.61 (1) (intro.) of the statutes is amended to read:
SB82,36,211 51.61 (1) (intro.) In this section, "patient" means any individual who is
12receiving services for mental illness, developmental disabilities, alcoholism or drug
13dependency, including any individual who is admitted to a treatment facility in
14accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed
15under this chapter, ch. 975, 2013 stats., or ch. 48, 55, 971, 975, or 980, or who is
16transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care
17or treatment for those conditions through the department or a county department
18under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include
19persons committed under ch. 975, 2013 stats., who are transferred to or residing in
20any state prison listed under s. 302.01. In private hospitals and in public general
21hospitals, "patient" includes any individual who is admitted for the primary purpose
22of treatment of mental illness, developmental disability, alcoholism or drug abuse
23but does not include an individual who receives treatment in a hospital emergency
24room nor an individual who receives treatment on an outpatient basis at those

1hospitals, unless the individual is otherwise covered under this subsection. Except
2as provided in sub. (2), each patient shall:
SB82,50 3Section 50. 51.61 (1) (e) of the statutes is amended to read:
SB82,36,104 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under
5s. 51.35 (3) or 51.37 or under ch. 971, ch. 975, 2013 stats., or ch. 975, have the right
6to the least restrictive conditions necessary to achieve the purposes of admission,
7commitment or protective placement, under programs, services and resources that
8the county board of supervisors or the Milwaukee County mental health board, as
9applicable, is reasonably able to provide within the limits of available state and
10federal funds and of county funds required to be appropriated to match state funds.
SB82,51 11Section 51. 51.61 (1) (i) 1. of the statutes is amended to read:
SB82,37,2212 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from
13physical restraint and isolation except for emergency situations or when isolation or
14restraint is a part of a treatment program. Isolation or restraint may be used only
15when less restrictive measures are ineffective or not feasible and shall be used for
16the shortest time possible. When a patient is placed in isolation or restraint, his or
17her status shall be reviewed once every 30 minutes. Each facility shall have a written
18policy covering the use of restraint or isolation that ensures that the dignity of the
19individual is protected, that the safety of the individual is ensured, and that there
20is regular, frequent monitoring by trained staff to care for bodily needs as may be
21required. Isolation or restraint may be used for emergency situations only when it
22is likely that the patient may physically harm himself or herself or others. The
23treatment director shall specifically designate physicians who are authorized to
24order isolation or restraint, and shall specifically designate licensed psychologists
25who are authorized to order isolation. If the treatment director is not a physician,

1the medical director shall make the designation. In the case of a center for the
2developmentally disabled, use shall be authorized by the director of the center. The
3authorization for emergency use of isolation or restraint shall be in writing, except
4that isolation or restraint may be authorized in emergencies for not more than one
5hour, after which time an appropriate order in writing shall be obtained from the
6physician or licensed psychologist designated by the director, in the case of isolation,
7or the physician so designated in the case of restraint. Emergency isolation or
8restraint may not be continued for more than 24 hours without a new written order.
9Isolation may be used as part of a treatment program if it is part of a written
10treatment plan, and the rights specified in this subsection are provided to the
11patient. The use of isolation as a part of a treatment plan shall be explained to the
12patient and to his or her guardian, if any, by the person who provides the treatment.
13A treatment plan that incorporates isolation shall be evaluated at least once every
142 weeks. Patients who have a recent history of physical aggression may be restrained
15during transport to or from the facility. Persons who are committed or transferred
16under s. 51.35 (3) or 51.37, under ch. 975, 2013 stats., or under ch. 971 or 975, or who
17are detained or committed under ch. 980, and who, while under this status, are
18transferred to a hospital, as defined in s. 50.33 (2), for medical care may be isolated
19for security reasons within locked facilities in the hospital. Patients who are
20committed or transferred under ch. 975, 2013 stats., under s. 51.35 (3) or 51.37, or
21under ch. 971 or 975, or who are detained or committed under ch. 980, may be
22restrained for security reasons during transport to or from the facility.
SB82,52 23Section 52. 51.87 (3) of the statutes is amended to read:
SB82,38,524 51.87 (3) Purchase of services. A county department under s. 46.23, 51.42,
25or 51.437 may contract as provided under this section with public or private agencies

1in states bordering on Wisconsin to secure services under this chapter for persons
2who receive services through the county department, except that services may not
3be secured for persons committed under s. 971.14 or 971.17 ch. 975. Section 46.036
4(1) to (6) applies to contracts entered into under this section by county departments
5under s. 46.23, 51.42, or 51.437.
SB82,53 6Section 53. 55.043 (6) (bt) 8. of the statutes is amended to read:
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