JR7 AB5: Bill Text

LRB-1328/1

TJD:amn

January 2017 Special Session

2017 - 2018 LEGISLATURE

Assembly BILL 5

February 17, 2017 - Introduced by Committee on Assembly Organization, Representatives Nygren, E. Brooks, VanderMeer, Tranel, Ripp, Quinn, Petryk, Kleefisch, Swearingen, Skowronski, Fields, Kulp, Allen, Spiros, Felzkowski, Mursau, Horlacher, Rohrkaste, Tusler, Edming, Krug, Petersen, Jagler, Rodriguez, Born, Murphy, Ballweg, Genrich, Bernier and Knodl, cosponsored by Senators Darling, Vukmir, Harsdorf, Testin, Olsen, Wanggaard, L. Taylor, Wirch and Lasee, by request of Governor Scott Walker. Referred to Committee on Judiciary.

AB5,1,11 An Act to amend 46.031 (2r) (a) 3., 46.04 (1) (b), 46.28 (1) (b), 48.02 (5g), 48.20 (6), 48.203 (5), 49.45 (25) (am) 5., 51.01 (8), 51.08, 51.09, 51.10 (3), 51.20 (16) (a), 51.20 (17), 51.35 (3) (c), 51.35 (3) (e), 51.37 (5) (a), 51.37 (5) (b), 51.42 (3) (ar) 2., 51.45 (title), (1), (2) (d), (f) and (g), (3) (b), (4) (a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (L), (m), (o), (p) and (q), (7) (a) and (c), (9) (intro.), (10) (title), (a), (am), (c) and (e), (11) (title), (b), (bm) and (d), (12) (a) and (c) 4., (13) (a) (intro.) and 1. to 4. and (b) 4., (14) (a), (15) (c) and (19), 101.121 (4) (b), 301.031 (2r) (a) 3., 302.38 (1), 346.65 (2g) (b), 346.65 (2i), 782.01 (2), 938.02 (5g) and 938.20 (6); and to create 51.01 (8b) of the statutes; relating to: prevention and control of, emergency and involuntary commitment for, and treatment programs and services for drug dependence.

Analysis by the Legislative Reference Bureau

This bill extends comprehensive programs established by the Department of Health Services, voluntary treatment, treatment and other services, certain emergency and involuntary commitment procedures, and civil rights among other services to those persons who are drug dependent. Currently, those provisions and services apply only to alcoholics and those who are intoxicated as a result of the use of alcohol.

The current emergency detention criteria and procedures for alcoholics and intoxicated persons, which are different from the traditional emergency detention criteria and procedures, specify that either an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or another and is likely to inflict physical harm unless committed or a person incapacitated by alcohol may be committed and brought to a facility for emergency treatment upon the petition of an individual and pending a preliminary hearing, which the court must schedule within 48 hours of receipt of the petition. Currently, three adults may petition the court for involuntary commitment of a person for use of alcohol, which is a separate procedure from a traditional involuntary commitment procedure. The petition for involuntary commitment must 1) allege habitual lack of self-control as to the use of alcohol to the extent that health is substantially impaired or endangered and social or economic functioning is substantially disrupted; 2) allege that the person's condition is evidenced by a pattern of conduct that is dangerous to the person or others; 3) state that the person is a child or state facts sufficient for a determination of indigency; 4) be supported by the affidavit of each petitioner who has personal knowledge of the factual basis for the allegations; and 5) contain a statement of each petitioner who does not have personal knowledge for the basis of his or her belief. The court must set a preliminary hearing on the petition to determine whether there is probable cause to believe that the allegations in the petition are true and then, if probable cause is found, must set a full hearing on the involuntary commitment. The bill extends these emergency and involuntary commitment procedures to persons who have drug dependence, who are incapacitated by use of other drugs, and who habitually lack self-control as to the use of drugs. The bill does not change the current criteria or procedures for involuntary commitment of a drug dependent person under the traditional involuntary commitment for treatment provision.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB5,1 Section 1. 46.031 (2r) (a) 3. of the statutes is amended to read:

AB5,2,4 46.031 (2r) (a) 3. Is for the treatment of alcoholics or persons who are drug dependent in treatment facilities which have not been approved by the department in accordance with s. 51.45 (8).

AB5,2 Section 2. 46.04 (1) (b) of the statutes is amended to read:

AB5,3,2 46.04 (1) (b) “Drug dependent" has the meaning specified under s. 51.01 (8) (8b).

AB5,3 Section 3. 46.28 (1) (b) of the statutes is amended to read:

AB5,3,6 46.28 (1) (b) “Chronically disabled" means any person who is alcoholic, developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1), (5), (8) (8b), and (13), or any person who is physically disabled.

AB5,4 Section 4. 48.02 (5g) of the statutes is amended to read:

AB5,3,8 48.02 (5g) “Drug dependent" has the meaning given in s. 51.01 (8) (8b).

AB5,5 Section 5. 48.20 (6) of the statutes is amended to read:

AB5,3,14 48.20 (6) If the child is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol or another drug, the person taking the child into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.45 (11).

AB5,6 Section 6. 48.203 (5) of the statutes is amended to read:

AB5,3,21 48.203 (5) If the adult expectant mother is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol or another drug, the person taking the adult expectant mother into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.45 (11).

AB5,7 Section 7. 49.45 (25) (am) 5. of the statutes is amended to read:

AB5,3,23 49.45 (25) (am) 5. Is drug dependent, as defined under s. 51.01 (8) (8b).

AB5,8 Section 8. 51.01 (8) of the statutes is amended to read:

AB5,4,4 51.01 (8) “Drug dependent dependence" means a person who uses disease that is characterized by the dependency of a person on one or more drugs to the extent that the person's health is substantially impaired or his or her social or economic functioning is substantially disrupted.

AB5,9 Section 9. 51.01 (8b) of the statutes is created to read:

AB5,4,6 51.01 (8b) “Drug dependent" means suffering from drug dependence.

AB5,10 Section 10. 51.08 of the statutes is amended to read:

AB5,4,18 51.08 Milwaukee County Mental Health Complex. Any county having a population of 500,000 or more may, pursuant to s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients, and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to s. 46.21. Treatment of alcoholics and persons who are drug dependent at the county mental health complex is subject to approval by the department under s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards. The county board may not sell the county mental health complex under this section without approval of the Milwaukee County mental health board.

AB5,11 Section 11. 51.09 of the statutes is amended to read:

AB5,5,2 51.09 County hospitals. Any county having a population of less than 500,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics, and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for alcoholic treatment facilities under s. 51.45 (8) for alcoholics and persons who are drug dependent.

AB5,12 Section 12. 51.10 (3) of the statutes is amended to read:

AB5,5,5 51.10 (3) Voluntary admission of adult alcoholics and adults who are drug dependent shall be in accordance with s. 51.45 (10).

AB5,13 Section 13. 51.20 (16) (a) of the statutes is amended to read:

AB5,5,12 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13), any patient who is involuntarily committed for treatment under this chapter, may on the patient's own verified petition, except in the case of a minor who is under 14 years of age, or on the verified petition of the patient's guardian, relative, friend, or any person providing treatment under the order of commitment, request a reexamination or request the court to modify or cancel an order of commitment.

AB5,14 Section 14. 51.20 (17) of the statutes is amended to read:

AB5,5,23 51.20 (17) Right to reevaluation. With the exception of alcoholic commitments under s. 51.45 (13), every patient committed involuntarily to a board under this chapter shall be reevaluated by the treatment staff or visiting physician within 30 days after the commitment, and within 3 months after the initial reevaluation, and again thereafter at least once each 6 months for the purpose of determining whether such patient has made sufficient progress to be entitled to transfer to a less restrictive facility or discharge. The findings of such reevaluation shall be written and placed with the patient's treatment record, and a copy shall be sent to the board which that has responsibility for the patient and to the committing court.

AB5,15 Section 15. 51.35 (3) (c) of the statutes is amended to read:

AB5,6,15 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth, in his or her opinion, has a mental illness, drug dependency, or developmental disability and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous and is an alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the juvenile correctional facility or secured residential care center for children and youth is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB5,16 Section 16. 51.35 (3) (e) of the statutes is amended to read:

AB5,7,13 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 and is an alcoholic or a person who is drug dependent 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 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 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.

AB5,17 Section 17. 51.37 (5) (a) of the statutes is amended to read:

AB5,8,4 51.37 (5) (a) When a licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous and is an alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health services consents. If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the individual's sentence.

AB5,18 Section 18. 51.37 (5) (b) of the statutes is amended to read:

AB5,8,24 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 and is an alcoholic or a person who is drug dependent 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 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 procedure in s. 51.15 or 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.

AB5,19 Section 19. 51.42 (3) (ar) 2. of the statutes is amended to read:

AB5,9,4 51.42 (3) (ar) 2. Enter into contracts for the use of any facility as an approved public treatment facility under s. 51.45 for the treatment of alcoholics or persons who are drug dependent if the county department of community programs deems it to be an effective and economical course to follow.