AB5,9,14 951.45 (title) Prevention and control of alcoholism and drug
10dependence
. (1) Declaration of policy. It is the policy of this state that alcoholics ,
11persons who are drug dependent,
and intoxicated persons may not be subjected to
12criminal prosecution because of their consumption of alcohol beverages or other
13drugs
but rather should be afforded a continuum of treatment in order that they may
14lead normal lives as productive members of society.
AB5,9,20 15(2) (d) “Incapacitated by alcohol or another drug" means that a person, as a
16result of the use of or withdrawal from alcohol or another drug, is unconscious or has
17his or her judgment otherwise so impaired that he or she is incapable of making a
18rational decision, as evidenced objectively by such indicators as extreme physical
19debilitation, physical harm or threats of harm to himself or herself or to any other
20person, or to property.
AB5,9,2321 (f) “Intoxicated person" means a person whose mental or physical functioning
22is substantially impaired as a result of the use of alcohol, a controlled substance, a
23controlled substance analog, or another drug
.
AB5,9,2524 (g) “Treatment" means the broad range of emergency, outpatient, intermediate,
25and inpatient services and care, including diagnostic evaluation, medical, surgical,

1psychiatric, psychological, and social service care, vocational rehabilitation and
2career counseling, which may be extended to alcoholics, persons who are drug
3dependent,
and intoxicated persons, and psychiatric, psychological and social service
4care which may be extended to their families. Treatment may also include, but shall
5not be replaced by, physical detention of persons, in an approved treatment facility,
6who are involuntarily committed or detained under sub. (12) or (13).
AB5,10,10 7(3) (b) Make contracts necessary or incidental to the performance of its duties
8and the execution of its powers, including contracts with public and private agencies,
9organizations, and individuals to pay them for services rendered or furnished to
10alcoholics, persons who are drug dependent, or intoxicated persons.
AB5,10,15 11(4) (a) Develop, encourage and foster statewide, regional, and local plans and
12programs for the prevention of alcoholism and drug dependence and treatment of
13alcoholics, persons who are drug dependent, and intoxicated persons in cooperation
14with public and private agencies, organizations, and individuals and provide
15technical assistance and consultation services for these purposes.
AB5,10,1916 (b) Coordinate the efforts and enlist the assistance of all public and private
17agencies, organizations and individuals interested in prevention of alcoholism and
18drug dependence
and treatment of alcoholics, persons who are drug dependent, and
19intoxicated persons.
AB5,10,2320 (c) Assure that the county department provides treatment for alcoholics ,
21persons who are drug dependent,
and intoxicated persons in county, town and
22municipal institutions for the detention and incarceration of persons charged with
23or convicted of a violation of a state law or a county, town or municipal ordinance.
AB5,11,524 (d) Cooperate with the department of public instruction, local boards of
25education, schools, including tribal schools, as defined in s. 115.001 (15m), police

1departments, courts, and other public and private agencies, organizations, and
2individuals in establishing programs for the prevention of alcoholism and drug
3dependence
and treatment of alcoholics, persons who are drug dependent, and
4intoxicated persons, and preparing curriculum materials thereon for use at all levels
5of school education.
AB5,11,76 (e) Prepare, publish, evaluate and disseminate educational material dealing
7with the nature and effects of alcohol and other drugs.
AB5,11,128 (f) Develop and implement and assure that county departments develop and
9implement, as an integral part of treatment programs, an educational program for
10use in the treatment of alcoholics, persons who are drug dependent, and intoxicated
11persons, which program shall include the dissemination of information concerning
12the nature and effects of alcohol and other drugs.
AB5,11,1413 (g) Organize and foster training programs for all persons engaged in treatment
14of alcoholics, persons who are drug dependent, and intoxicated persons.
AB5,11,1815 (h) Sponsor and encourage research into the causes and nature of alcoholism
16and drug dependence and treatment of alcoholics , persons who are drug dependent,
17and intoxicated persons, and serve as a clearinghouse for information relating to
18alcoholism and drug dependence.
AB5,11,2219 (j) Advise the governor or the state health planning and development agency
20under P.L. 93-641, as amended, in the preparation of a comprehensive plan for
21treatment of alcoholics, persons who are drug dependent, and intoxicated persons for
22inclusion in the state's comprehensive health plan.
AB5,12,223 (k) Review all state health, welfare and treatment plans to be submitted for
24federal funding under federal legislation, and advise the governor or the state health
25planning and development agency under P.L. 93-641, as amended, on provisions to

1be included relating to alcoholics, persons who are drug dependent, and intoxicated
2persons.
AB5,12,73 (L) Develop and maintain, in cooperation with other state agencies, local
4governments and businesses and industries in the state, appropriate prevention,
5treatment and rehabilitation programs and services for alcohol abuse and,
6alcoholism, controlled substance use, and drug dependence among employees
7thereof.
AB5,12,118 (m) Utilize the support and assistance of interested persons in the community,
9particularly recovered alcoholics and recovered drug dependent persons, to
10encourage alcoholics and persons who are drug dependent voluntarily to undergo
11treatment.
AB5,12,1412 (o) Encourage general hospitals and other appropriate health facilities to admit
13without discrimination alcoholics, persons who are drug dependent, and intoxicated
14persons and to provide them with adequate and appropriate treatment.
AB5,12,1715 (p) Submit to the governor or the state health planning and development
16agency under P.L. 93-641, as amended, an annual report covering the activities of
17the department relating to treatment of alcoholism and drug dependence.
AB5,12,2018 (q) Gather information relating to all federal programs concerning alcoholism
19and drug dependence, whether or not subject to approval by the department, to
20assure coordination and avoid duplication of efforts.
AB5,12,23 21(7) (a) The department shall establish a comprehensive and coordinated
22program for the treatment of alcoholics, persons who are drug dependent, and
23intoxicated persons.
AB5,13,224 (c) The department shall provide for adequate and appropriate treatment for
25alcoholics, persons who are drug dependent, and intoxicated persons admitted under

1subs. (10) to (13). Treatment may not be provided at a correctional institution except
2for inmates.
AB5,13,7 3(9) Acceptance for treatment; rules. (intro.) The secretary shall promulgate
4rules for acceptance of persons into the treatment program, considering available
5treatment resources and facilities, for the purpose of early and effective treatment
6of alcoholics, persons who are drug dependent, and intoxicated persons. In
7promulgating the rules the secretary shall be guided by the following standards:
AB5,13,16 8(10) (title) Voluntary treatment of alcoholics and drug dependent persons.
9(a) An adult alcoholic or person who is drug dependent may apply for voluntary
10treatment directly to an approved public treatment facility. If the proposed patient
11is an individual adjudicated incompetent in this state who has not been deprived by
12a court of the right to contract, the individual or his or her guardian or other legal
13representative may make the application. If the proposed patient is an individual
14adjudicated incompetent in this state who has been deprived by a court of the right
15to contract, the individual's guardian or other legal representative may make the
16application.
AB5,13,2017 (am) Except as provided in s. 51.47, a minor may apply for treatment directly
18to an approved public treatment facility, but only for those forms of treatment
19specified in sub. (7) (b) 5. and 7. Section 51.13 governs admission of a minor alcoholic
20or minor who is drug dependent to an inpatient treatment facility.
AB5,14,521 (c) If a patient receiving inpatient care leaves an approved public treatment
22facility, the patient shall be encouraged to consent to appropriate outpatient or
23intermediate treatment. If it appears to the superintendent in charge of the
24treatment facility that the patient is an alcoholic, person who is drug dependent, or
25intoxicated person who requires help, the county department shall arrange for

1assistance in obtaining supportive services and residential facilities. If the patient
2is an individual who is adjudicated incompetent, the request for discharge from an
3inpatient facility shall be made by a legal guardian or other legal representative or
4by the individual who is adjudicated incompetent if he or she was the original
5applicant.
AB5,14,86 (e) This subsection applies only to admissions of alcoholics and persons who are
7drug dependent
whose care and treatment is to be paid for by the department or a
8county department.
AB5,14,10 9(11) (title) Treatment and services for intoxicated persons and others
10incapacitated by alcohol
or another drug.
AB5,15,411 (b) A person who appears to be incapacitated by alcohol or another drug shall
12be placed under protective custody by a law enforcement officer. The law
13enforcement officer shall either bring such person to an approved public treatment
14facility for emergency treatment or request a designated person to bring such person
15to the facility for emergency treatment. If no approved public treatment facility is
16readily available or if, in the judgment of the law enforcement officer or designated
17person, the person is in need of emergency medical treatment, the law enforcement
18officer or designated person upon the request of the law enforcement officer shall
19take such person to an emergency medical facility. The law enforcement officer or
20designated person, in detaining such person or in taking him or her to an approved
21public treatment facility or emergency medical facility, is holding such person under
22protective custody and shall make every reasonable effort to protect the person's
23health and safety. In placing the person under protective custody the law
24enforcement officer may search such person for and seize any weapons. Placement
25under protective custody under this subsection is not an arrest. No entry or other

1record shall be made to indicate that such person has been arrested or charged with
2a crime. A person brought to an approved public treatment facility under this
3paragraph shall be deemed to be under the protective custody of the facility upon
4arrival.
AB5,15,85 (bm) If the person who appears to be incapacitated by alcohol or another drug
6under par. (b) is a minor, either a law enforcement officer or a person authorized to
7take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938
8may take the minor into custody as provided in par. (b).
AB5,15,179 (d) A person who by examination pursuant to par. (c) is found to be
10incapacitated by alcohol or another drug at the time of admission, or to have become
11incapacitated at any time after admission, shall be detained at the appropriate
12facility for the duration of the incapacity but may not be detained when no longer
13incapacitated by alcohol or another drug, or if the person remains incapacitated by
14alcohol or another drug for more than 72 hours after admission as a patient, exclusive
15of Saturdays, Sundays and legal holidays, unless he or she is committed under sub.
16(12). A person may consent to remain in the facility as long as the physician or official
17in charge believes appropriate.
AB5,15,23 18(12) (a) An intoxicated person who has threatened, attempted or inflicted
19physical harm on himself or herself or on another and is likely to inflict such physical
20harm unless committed, or a person who is incapacitated by alcohol or another drug,
21may be committed to the county department and brought to an approved public
22treatment facility for emergency treatment. A refusal to undergo treatment does not
23constitute evidence of lack of judgment as to the need for treatment.
AB5,16,424 (c) 4. Set a time for a preliminary hearing under sub. (13) (d), such hearing to
25be held not later than 48 hours after receipt of a petition under par. (b), exclusive of

1Saturdays, Sundays and legal holidays. If at such time the person is unable to assist
2in the defense because he or she is incapacitated by alcohol or another drug, an
3extension of not more than 48 hours, exclusive of Saturdays, Sundays and legal
4holidays, may be had upon motion of the person or the person's attorney.
AB5,16,10 5(13) (a) (intro.) A person may be committed to the custody of the county
6department by the circuit court upon the petition of 3 adults, at least one of whom
7has personal knowledge of the conduct and condition of the person sought to be
8committed. A refusal to undergo treatment shall not constitute evidence of lack of
9judgment as to the need for treatment. The petition for commitment shall do all of
10the following
:
AB5,16,1411 1. Allege that the condition of the person is such that he or she habitually lacks
12self-control as to the use of alcohol beverages or other drugs, and uses such beverages
13or drugs to the extent that health is substantially impaired or endangered and social
14or economic functioning is substantially disrupted; .
AB5,16,1615 2. Allege that such condition of the person is evidenced by a pattern of conduct
16which is dangerous to the person or to others;.
AB5,16,1817 3. State that the person is a child or state facts sufficient for a determination
18of indigency of the person;.
AB5,16,2119 4. Be supported by the affidavit of each petitioner who has personal knowledge
20which avers with particularity the factual basis for the allegations contained in the
21petition; and.
AB5,17,322 (b) 4. Set a time for a preliminary hearing under par. (d). If the person is taken
23into protective custody, such hearing shall be held not later than 72 hours after the
24person arrives at the approved public treatment facility, exclusive of Saturdays,
25Sundays and legal holidays. If at that time the person is unable to assist in the

1defense because he or she is incapacitated by alcohol or another drug, an extension
2of not more than 48 hours, exclusive of Saturdays, Sundays and legal holidays, may
3be had upon motion of the person or the person's attorney.
AB5,17,9 4(14) (a) Except as otherwise provided in s. 51.30, the registration and
5treatment records of alcoholism or drug dependence treatment programs and
6facilities shall remain confidential and are privileged to the patient. The application
7of s. 51.30 is limited by any rule promulgated under s. 51.30 (4) (c) for the purpose
8of protecting the confidentiality of alcoholism or drug dependence treatment records
9in conformity with federal requirements.
AB5,17,16 10(15) (c) A private or public general hospital may not refuse admission or
11treatment to a person in need of medical services solely because that person is an
12“alcoholic", is “drug dependent", is “incapacitated by alcohol", is “incapacitated by
13another drug",
or is an “intoxicated person" as defined in sub. (2). This paragraph
14does not require a hospital to admit or treat the person if the hospital does not
15ordinarily provide the services required by the person. A private or public general
16hospital which violates this paragraph shall forfeit not more than $500.
AB5,17,18 17(19) Short title. This section may be cited as the “Alcoholism, Drug
18Dependence,
and Intoxication Treatment Act".
AB5,21 19Section 21. 101.121 (4) (b) of the statutes is amended to read:
AB5,17,2320 101.121 (4) (b) Paragraph (a) does not apply to any owner of a nursing home
21as defined in s. 50.01 (3), a hospital as defined in s. 50.33 (2) (a) and (c) or an approved
22public or private treatment facility for alcoholics and persons who are drug
23dependent
as defined in s. 51.45 (2) (b) and (c).
AB5,22 24Section 22. 301.031 (2r) (a) 3. of the statutes is amended to read:
AB5,18,3
1301.031 (2r) (a) 3. Is for the treatment of alcoholics and persons who are drug
2dependent
in treatment facilities which have not been approved by the department
3of health services in accordance with s. 51.45 (8).
AB5,23 4Section 23. 302.38 (1) of the statutes is amended to read:
AB5,18,185 302.38 (1) If a prisoner needs medical or hospital care or is intoxicated or
6incapacitated by alcohol or another drug the sheriff, superintendent or other keeper
7of the jail or house of correction shall provide appropriate care or treatment and may
8transfer the prisoner to a hospital or to an approved treatment facility under s. 51.45
9(2) (b) and (c), making provision for the security of the prisoner. The sheriff,
10superintendent or other keeper may provide appropriate care or treatment under
11this subsection for a prisoner under 18 years of age and may transfer a prisoner
12under 18 years of age under this subsection without obtaining the consent of the
13prisoner's parent, guardian or legal custodian. The sheriff, superintendent or other
14keeper may charge a prisoner for the costs of providing medical care to the prisoner
15while he or she is in the jail or house of correction. If the sheriff or other keeper
16maintains a personal money account for an inmate's use for payment for items from
17canteen, vending or similar services, the sheriff or other keeper may make
18deductions from the account to pay for the charges under this subsection.
AB5,24 19Section 24. 346.65 (2g) (b) of the statutes is amended to read:
AB5,19,920 346.65 (2g) (b) The court may require a person ordered to perform community
21service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine
22resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community
23service work that demonstrates the adverse effects of substance abuse or of operating
24a vehicle while under the influence of an intoxicant or other drug, including working
25at an alcoholism a treatment facility approved under s. 51.45, an emergency room

1of a general hospital or a driver awareness program under s. 346.637. The court may
2order the person to pay a reasonable fee, based on the person's ability to pay, to offset
3the cost of establishing, maintaining and monitoring the community service work
4ordered under this paragraph. If the opportunities available to perform community
5service work are fewer in number than the number of defendants eligible under this
6subsection, the court shall, when making an order under this paragraph, give
7preference to defendants who were under 21 years of age at the time of the offense.
8All provisions of par. (am) apply to any community service work ordered under this
9paragraph.
AB5,25 10Section 25. 346.65 (2i) of the statutes is amended to read:
AB5,20,1011 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
12(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
13s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
14demonstrates the adverse effects of substance abuse or of operating a vehicle while
15under the influence of an intoxicant or other drug, including an alcoholism a
16treatment facility approved under s. 51.45 or an emergency room of a general
17hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty
18imposed. The court may order the defendant to pay a reasonable fee, based on the
19person's ability to pay, to offset the costs of establishing, maintaining, and
20monitoring the visits ordered under this subsection. The court may order a visit to
21the site only if agreed to by the person responsible for the site. If the opportunities
22available to visit sites under this subsection are fewer than the number of defendants
23eligible for a visit, the court shall, when making an order under this subsection, give
24preference to defendants who were under 21 years of age at the time of the offense.
25The court shall ensure that the visit is monitored. A visit to a site may be ordered

1for a specific time and a specific day to allow the defendant to observe victims of
2vehicle accidents involving intoxicated drivers. If it appears to the court that the
3defendant has not complied with the court order to visit a site or to pay a reasonable
4fee, the court may order the defendant to show cause why he or she should not be held
5in contempt of court. Any organization or agency acting in good faith to which a
6defendant is assigned pursuant to an order under this subsection has immunity from
7any civil liability in excess of $25,000 for acts or omissions by or impacting on the
8defendant. The issuance or possibility of the issuance of an order under this
9subsection does not entitle an indigent defendant who is subject to sub. (2) (am) 1.
10to representation by counsel under ch. 977.
AB5,26 11Section 26. 782.01 (2) of the statutes is amended to read:
AB5,20,1812 782.01 (2) Any person confined in any hospital or institution as mentally ill or
13committed for treatment of alcoholism or drug dependence under s. 51.45 (13) may
14prosecute such writ, and the question of mental illness or need for treatment shall
15be determined by the court or judge issuing the same. If such court or judge decides
16that the person is mentally ill or in need of treatment such decision shall not bar the
17prosecution of such writ a 2nd time if it is claimed that such person has been restored
18to reason or is no longer in need of treatment.
AB5,27 19Section 27. 938.02 (5g) of the statutes is amended to read:
AB5,20,2020 938.02 (5g) “Drug dependent" has the meaning given in s. 51.01 (8) (8b).
AB5,28 21Section 28. 938.20 (6) of the statutes is amended to read:
AB5,21,222 938.20 (6) Delivery of intoxicated juvenile. If the juvenile is believed to be
23an intoxicated person who has threatened, attempted or inflicted physical harm on
24himself or herself or on another and is likely to inflict such physical harm unless
25committed, or is incapacitated by alcohol or another drug, the person taking the

1juvenile into physical custody, the intake worker or other appropriate person shall
2proceed under s. 51.45 (11).
AB5,21,33 (End)
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