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 1An Act to amend 46.031 (2r) (a) 3., 46.04 (1) (b), 46.28 (1) (b), 48.02 (5g), 48.20
2(6), 48.203 (5), 49.45 (25) (am) 5., 51.01 (8), 51.08, 51.09, 51.10 (3), 51.20 (16) (a),
351.20 (17), 51.35 (3) (c), 51.35 (3) (e), 51.37 (5) (a), 51.37 (5) (b), 51.42 (3) (ar) 2.,
451.45 (title), (1), (2) (d), (f) and (g), (3) (b), (4) (a), (b), (c), (d), (e), (f), (g), (h), (j),
5(k), (L), (m), (o), (p) and (q), (7) (a) and (c), (9) (intro.), (10) (title), (a), (am), (c)
6and (e), (11) (title), (b), (bm) and (d), (12) (a) and (c) 4., (13) (a) (intro.) and 1. to
74. and (b) 4., (14) (a), (15) (c) and (19), 101.121 (4) (b), 301.031 (2r) (a) 3., 302.38
8(1), 346.65 (2g) (b), 346.65 (2i), 782.01 (2), 938.02 (5g) and 938.20 (6); and to
9create
51.01 (8b) of the statutes; relating to: prevention and control of,
10emergency and involuntary commitment for, and treatment programs and
11services 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 1Section 1. 46.031 (2r) (a) 3. of the statutes is amended to read:
AB5,2,42 46.031 (2r) (a) 3. Is for the treatment of alcoholics or persons who are drug
3dependent
in treatment facilities which have not been approved by the department
4in accordance with s. 51.45 (8).
AB5,2 5Section 2. 46.04 (1) (b) of the statutes is amended to read:
AB5,3,2
146.04 (1) (b) “Drug dependent" has the meaning specified under s. 51.01 (8)
2(8b).
AB5,3 3Section 3. 46.28 (1) (b) of the statutes is amended to read:
AB5,3,64 46.28 (1) (b) “Chronically disabled" means any person who is alcoholic,
5developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1),
6(5), (8) (8b), and (13), or any person who is physically disabled.
AB5,4 7Section 4. 48.02 (5g) of the statutes is amended to read:
AB5,3,88 48.02 (5g) “Drug dependent" has the meaning given in s. 51.01 (8) (8b).
AB5,5 9Section 5. 48.20 (6) of the statutes is amended to read:
AB5,3,1410 48.20 (6) If the child is believed to be an intoxicated person who has threatened,
11attempted, or inflicted physical harm on himself or herself or on another and is likely
12to inflict such physical harm unless committed, or is incapacitated by alcohol or
13another drug
, the person taking the child into physical custody, the intake worker,
14or other appropriate person shall proceed under s. 51.45 (11).
AB5,6 15Section 6. 48.203 (5) of the statutes is amended to read:
AB5,3,2116 48.203 (5) If the adult expectant mother is believed to be an intoxicated person
17who has threatened, attempted, or inflicted physical harm on herself or on another
18and is likely to inflict such physical harm unless committed, or is incapacitated by
19alcohol or another drug, the person taking the adult expectant mother into physical
20custody, the intake worker, or other appropriate person shall proceed under s. 51.45
21(11).
AB5,7 22Section 7. 49.45 (25) (am) 5. of the statutes is amended to read:
AB5,3,2323 49.45 (25) (am) 5. Is drug dependent, as defined under s. 51.01 (8) (8b).
AB5,8 24Section 8. 51.01 (8) of the statutes is amended to read:
AB5,4,4
151.01 (8) “Drug dependent dependence" means a person who uses disease that
2is characterized by the dependency of a person on
one or more drugs to the extent that
3the person's health is substantially impaired or his or her social or economic
4functioning is substantially disrupted.
AB5,9 5Section 9. 51.01 (8b) of the statutes is created to read:
AB5,4,66 51.01 (8b) “Drug dependent" means suffering from drug dependence.
AB5,10 7Section 10. 51.08 of the statutes is amended to read:
AB5,4,18 851.08 Milwaukee County Mental Health Complex. Any county having a
9population of 500,000 or more may, pursuant to s. 46.17, establish and maintain a
10county mental health complex. The county mental health complex shall be a hospital
11devoted to the detention and care of drug addicts, alcoholics, chronic patients, and
12mentally ill persons whose mental illness is acute. Such hospital shall be governed
13pursuant to s. 46.21. Treatment of alcoholics and persons who are drug dependent
14at the county mental health complex is subject to approval by the department under
15s. 51.45 (8). The county mental health complex established pursuant to this section
16is subject to rules promulgated by the department concerning hospital standards.
17The county board may not sell the county mental health complex under this section
18without approval of the Milwaukee County mental health board.
AB5,11 19Section 11. 51.09 of the statutes is amended to read:
AB5,5,2 2051.09 County hospitals. Any county having a population of less than 500,000
21may establish a hospital or facilities for the detention and care of mentally ill
22persons, alcoholics, and drug addicts; and in connection therewith a hospital or
23facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals
24established pursuant to this section are subject to rules promulgated by the
25department concerning hospital standards, including standards for alcoholic

1treatment facilities under s. 51.45 (8) for alcoholics and persons who are drug
2dependent
.
AB5,12 3Section 12. 51.10 (3) of the statutes is amended to read:
AB5,5,54 51.10 (3) Voluntary admission of adult alcoholics and adults who are drug
5dependent
shall be in accordance with s. 51.45 (10).
AB5,13 6Section 13. 51.20 (16) (a) of the statutes is amended to read:
AB5,5,127 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13),
8any patient who is involuntarily committed for treatment under this chapter, may
9on the patient's own verified petition, except in the case of a minor who is under 14
10years of age, or on the verified petition of the patient's guardian, relative, friend, or
11any person providing treatment under the order of commitment, request a
12reexamination or request the court to modify or cancel an order of commitment.
AB5,14 13Section 14. 51.20 (17) of the statutes is amended to read:
AB5,5,2314 51.20 (17) Right to reevaluation. With the exception of alcoholic
15commitments under s. 51.45 (13), every patient committed involuntarily to a board
16under this chapter shall be reevaluated by the treatment staff or visiting physician
17within 30 days after the commitment, and within 3 months after the initial
18reevaluation, and again thereafter at least once each 6 months for the purpose of
19determining whether such patient has made sufficient progress to be entitled to
20transfer to a less restrictive facility or discharge. The findings of such reevaluation
21shall be written and placed with the patient's treatment record, and a copy shall be
22sent to the board which that has responsibility for the patient and to the committing
23court.
AB5,15 24Section 15. 51.35 (3) (c) of the statutes is amended to read:
AB5,6,15
151.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
2secured residential care center for children and youth or a licensed physician of the
3department of corrections, who has reason to believe that any individual confined in
4the juvenile correctional facility or secured residential care center for children and
5youth, in his or her opinion, has a mental illness, drug dependency, or developmental
6disability and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and
7is dangerous and is an alcoholic or a person who is drug dependent as described in
8s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the
9juvenile correctional facility or secured residential care center for children and
10youth, stating the nature and basis of the belief. If the superintendent, upon review
11of the allegations in the report, determines that transfer is appropriate, he or she
12shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise
13jurisdiction under chs. 48 and 938 of the county where the juvenile correctional
14facility or secured residential care center for children and youth is located. The court
15shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).
AB5,16 16Section 16. 51.35 (3) (e) of the statutes is amended to read:
AB5,7,1317 51.35 (3) (e) The department of corrections may authorize emergency transfer
18of an individual from a juvenile correctional facility or a secured residential care
19center for children and youth to a state treatment facility if there is cause to believe
20that the individual has a mental illness, drug dependency, or developmental
21disability and exhibits conduct that constitutes a danger as described under s. 51.20
22(1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous,
23and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is
24dangerous and is an alcoholic or a person who is drug dependent as provided in s.
2551.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or

1secured residential care center for children and youth shall execute a statement of
2emergency detention or petition for emergency commitment for the individual and
3deliver it to the receiving state treatment facility. The department of health services
4shall file the statement or petition with the court within 24 hours after the subject
5individual is received for detention or commitment. The statement or petition shall
6conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
7the director of the receiving facility may file a petition for continued commitment
8under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile
9correctional facility or secured residential care center for children and youth from
10which the transfer was made. As an alternative to this procedure, the procedure
11provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be
12released without the approval of the court that directed confinement in the juvenile
13correctional facility or secured residential care center for children and youth.
AB5,17 14Section 17. 51.37 (5) (a) of the statutes is amended to read:
AB5,8,415 51.37 (5) (a) When a licensed physician or licensed psychologist of a state
16prison, of a county jail or of the department of corrections reports in writing to the
17officer in charge of a jail or institution that any prisoner is, in his or her opinion,
18mentally ill, drug dependent, or developmentally disabled and is appropriate for
19treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous and is an
20alcoholic or a person who is drug dependent
as described in s. 51.45 (13) (a) 1. and
212.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or
22is an alcoholic and is in need of psychiatric or psychological treatment, and that the
23prisoner voluntarily consents to a transfer for treatment, the officer shall make a
24written report to the department of corrections which may transfer the prisoner if
25a voluntary application is made and the department of health services consents. If

1voluntary application is not made, the department of corrections may file a petition
2for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a
3prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall
4be included as part of the individual's sentence.
AB5,18 5Section 18. 51.37 (5) (b) of the statutes is amended to read:
AB5,8,246 51.37 (5) (b) The department of corrections may authorize an emergency
7transfer of an individual from a prison, jail or other criminal detention facility to a
8state treatment facility if there is cause to believe that the individual is mentally ill,
9drug dependent or developmentally disabled and exhibits conduct which constitutes
10a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself
11or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
12(a) 2. e. or is an alcoholic and is dangerous and is an alcoholic or a person who is drug
13dependent
as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the
14sending institution shall execute a statement of emergency detention or petition for
15emergency commitment for the individual and deliver it to the receiving state
16treatment facility. The department of health services shall file the statement or
17petition with the court within 24 hours after receiving the subject individual for
18detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12)
19(b). After an emergency transfer is made, the director of the receiving facility may
20file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return
21the individual to the institution from which the transfer was made. As an alternative
22to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may
23be used, except that no prisoner may be released without the approval of the court
24which directed confinement in the institution.
AB5,19 25Section 19. 51.42 (3) (ar) 2. of the statutes is amended to read:
AB5,9,4
151.42 (3) (ar) 2. Enter into contracts for the use of any facility as an approved
2public treatment facility under s. 51.45 for the treatment of alcoholics or persons who
3are drug dependent
if the county department of community programs deems it to be
4an effective and economical course to follow.
AB5,20 5Section 20. 51.45 (title), (1), (2) (d), (f) and (g), (3) (b), (4) (a), (b), (c), (d), (e),
6(f), (g), (h), (j), (k), (L), (m), (o), (p) and (q), (7) (a) and (c), (9) (intro.), (10) (title), (a),
7(am), (c) and (e), (11) (title), (b), (bm) and (d), (12) (a) and (c) 4., (13) (a) (intro.) and
81. to 4. and (b) 4., (14) (a), (15) (c) and (19) of the statutes are amended to read:
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.
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