51.20(13)(cv)2.
2. A prohibition on the possession of a firearm under
subd. 1. shall remain in effect until the commitment order and any subsequent consecutive commitment orders expire and the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there is no longer a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If the court makes this determination, it shall cancel the prohibition and order the return of any firearm ordered seized under
subd. 1.
51.20(13)(cv)3.
3. In lieu of ordering the seizure under
subd. 1., the court may designate a person to store the firearm until the prohibition has been canceled under
sub. (16) (gm).
51.20(13)(cv)4.
4. If the court prohibits a subject individual from possessing a firearm under
subd. 1. or cancels a prohibition under
subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under
s. 175.35 (2g) (c). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under
s. 175.35 (2g) (c).
51.20(13)(dm)
(dm) If the court finds that the dangerousness of the subject individual is likely to be controlled with appropriate medication administered on an outpatient basis, the court may direct in its order of commitment that the county department under
s. 51.42 or
51.437 or the department may, after a facility evaluates the subject individual and develops an appropriate treatment plan, release the individual on a conditional transfer in accordance with
s. 51.35 (1), with one of the conditions being that the individual shall take medication as prescribed by a physician, subject to the individual's right to refuse medication under
s. 51.61 (1) (g) and
(h), and that the individual shall report to a particular treatment facility on an outpatient basis for evaluation as often as required by the director of the facility or the director's designee. A finding by the court that the allegations under
sub. (1) (a) 2. e. are proven constitutes a finding that the individual is not competent to refuse medication or treatment. The court order may direct that, if the director or his or her designee determines that the individual has failed to take the medication as prescribed or has failed to report for evaluation as directed, the director or designee may request that the individual be taken into custody by a law enforcement agency in accordance with
s. 51.39, and that medication, as prescribed by the physician, may be administered voluntarily or against the will of the individual under
s. 51.61 (1) (g) and
(h). A court order under this paragraph is effective only as long as the commitment is in effect in accordance with
par. (h) and
s. 51.35 (4).
Effective date note
NOTE: Par. (dm) is repealed and recreated eff. 12-1-01 by
1995 Wis. Act 292 to read:
Effective date text
(dm) If the court finds that the dangerousness of the subject individual is likely to be controlled with appropriate medication administered on an outpatient basis, the court may direct in its order of commitment that the county department under s. 51.42 or 51.437 or the department may, after a facility evaluates the subject individual and develops an appropriate treatment plan, release the individual on a conditional transfer in accordance with s. 51.35 (1), with one of the conditions being that the individual shall take medication as prescribed by a physician, subject to the individual's right to refuse medication under s. 51.61 (1) (g) and (h), and that the individual shall report to a particular treatment facility on an outpatient basis for evaluation as often as required by the director of the facility or the director's designee. The court order may direct that, if the director or his or her designee determines that the individual has failed to take the medication as prescribed or has failed to report for evaluation as directed, the director or designee may request that the individual be taken into custody by a law enforcement agency in accordance with s. 51.39, and that medication, as prescribed by the physician, may be administered voluntarily or against the will of the individual under s. 51.61 (1) (g) and (h). A court order under this paragraph is effective only as long as the commitment is in effect in accordance with par. (h) and s. 51.35 (4).
51.20(13)(e)
(e) The petitioner has the burden of proving all required facts by clear and convincing evidence.
51.20(13)(f)
(f) The county department under
s. 51.42 or
51.437 which receives an individual who is committed by a court under
par. (a) 3. is authorized to place such individual in an approved treatment facility subject to any limitations which are specified by the court under
par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have ongoing responsibility to review the individual's needs, in accordance with
sub. (17), and transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall be made only to the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled.
51.20(13)(g)1.1. Except as provided in
subd. 2., the first order of commitment of a subject individual under this section may be for a period not to exceed 6 months, and all subsequent consecutive orders of commitment of the individual may be for a period not to exceed one year.
51.20(13)(g)2.
2. Any commitment ordered under
par. (a) 3. to
5., following proof of the allegations under
sub. (1) (a) 2. d., may not continue longer than 45 days in any 365-day period.
51.20(13)(g)2d.a.a. Except as provided in
subd. 2d. b., after the 30th day after an order of commitment under
par. (a) 3. to
5. following proof of the allegations under
sub. (1) (a) 2. e., the subject individual may, under the order, be treated only on an outpatient basis.
51.20(13)(g)2d.b.
b. If a subject individual who is committed under
par. (a) 3. to
5., following proof of the allegations under
sub. (1) (a) 2. e., and who is being treated on an outpatient basis violates a condition of treatment that is established by the court or a county department under
s. 51.42, the county department or the department may transfer the subject individual under
s. 51.35 (1) (e) to an inpatient facility or to an inpatient treatment program of a treatment facility for a period not to exceed 30 days.
51.20(13)(g)2g.
2g. The total period a person may be committed pursuant to commitments ordered under
par. (a) 4. or
4m., following proof of the allegations under
sub. (1) (ar) or
(av), may not exceed 180 days in any 365-day period.
51.20(13)(g)2m.
2m. In addition to the provisions under
subds. 1.,
2. and
2g., no commitment ordered under
par. (a) 4. or
4m. may continue beyond the inmate's date of release as determined under
s. 302.11.
51.20(13)(g)2r.
2r. Twenty-one days prior to expiration of the period of commitment under
subd. 1.,
2.,
2g. or
2m., the department, if the individual is committed to the department, or the county department to which an individual is committed shall file an evaluation of the individual and the recommendation of the department or county department regarding the individual's recommitment with the committing court and provide a copy of the evaluation and recommendation to the individual's counsel and the counsel designated under
sub. (4). If the date for filing an evaluation and recommendation under this subdivision falls on a Saturday, Sunday or legal holiday, the date which is not a Saturday, Sunday or legal holiday and which most closely precedes the evaluation and recommendation filing date shall be the filing date. A failure of the department or the county department to which an individual is committed to file an evaluation and recommendation under this subdivision does not affect the jurisdiction of the court over a petition for recommitment.
51.20(13)(g)3.
3. The county department under
s. 51.42 or
51.437 to whom the individual is committed under
par. (a) 3. may discharge the individual at any time, and shall place a committed individual in accordance with
par. (f). Upon application for extension of a commitment by the department or the county department having custody of the subject, the court shall proceed under
subs. (10) to
(13). If the court determines that the individual is a proper subject for commitment as prescribed in
sub. (1) (a) 1. and evidences the conditions under
sub. (1) (a) 2. or
(am) or is a proper subject for commitment as prescribed in
sub. (1) (ar) or
(av), it shall order judgment to that effect and continue the commitment. The burden of proof is upon the county department or other person seeking commitment to establish evidence that the subject individual is in need of continued commitment.
51.20(13)(h)
(h) Any disposition of a minor under this subsection may extend beyond the age of majority of the individual, if the disposition is otherwise made in accordance with this section.
51.20(14)
(14) Transportation; expenses. The sheriff or any law enforcement officer shall transport an individual who is the subject of a petition and execute the commitment, or any competent relative, friend or member of the staff of a treatment facility may assume responsibility for the individual and transport him or her to the inpatient facility. The director of the county department under
s. 51.42 or
51.437 may request the sheriff to provide transportation for a subject individual or may arrange any other method of transportation which is feasible. The county department may provide reimbursement for the transportation costs from its budgeted operating funds.
51.20(15)
(15) Appeal. An appeal may be taken to the court of appeals within the time period specified in
s. 808.04 (3) in accordance with
s. 809.40 by the subject of the petition or the individual's guardian, by any petitioner or by the representative of the public.
51.20(16)(a)(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.
51.20(16)(b)
(b) A petition under this subsection may be filed with the court assigned to exercise jurisdiction over probate matters, either for the county from which the patient is committed or for the county in which the patient is detained.
51.20(16)(c)
(c) If a hearing has been held with respect to the subject individual's commitment within 30 days of the filing of a petition under this subsection, no hearing shall be held. If such a hearing has not been held within 30 days of the filing of a petition, but has been held within 120 days of the filing, the court shall within 24 hours of the filing order an examination to be completed within 7 days by the appropriate county department under
s. 51.42 or
51.437. A hearing may then be held in the court's discretion. If such a hearing has not been held within 120 days of the filing, a hearing shall be held on the petition within 30 days of receipt.
51.20(16)(d)
(d) Reexaminations under this subsection are subject to the standards prescribed in
sub. (13) (g).
51.20(16)(e)
(e) If the court determines or is required to hold a hearing, it shall thereupon proceed in accordance with
sub. (9) (a). For the purposes of the examination and observation, the court may order the patient confined in any place designated in
s. 51.15 (2).
51.20(16)(f)
(f) If a patient is involuntarily committed and placed in a hospital, a notice of the appointment of the examining physicians and copies of their reports shall be furnished to such hospital by the court.
51.20(16)(g)
(g) Upon the filing of the examiners' reports the court shall fix a time and place of hearing and cause reasonable notice to be given to the petitioner, the treatment facility, the patient's legal counsel and the guardian of the patient, if any, and may notify any known relative of the patient.
Subsections (10) to
(13) shall govern the procedure to be used in the conduct of the hearing, insofar as applicable. The privileges provided in
ss. 905.03 and
905.04 shall apply to reexamination hearings.
51.20(16)(gm)
(gm) Upon a request under
par. (a), a court may cancel the prohibition under
sub. (13) (cv) 1. if the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there no longer is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If a court cancels a prohibition under
sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment record search under
s. 175.35 (2g) (c). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court.
51.20(16)(h)
(h) All persons who render services in such proceedings shall receive compensation as provided in
sub. (18) and all expenses of such proceedings shall be paid and adjusted as provided in
sub. (18).
51.20(16)(i)
(i) Subsequent reexaminations may be had at any time in the discretion of the court but may be compelled after 120 days of the preceding examination in accordance with this subsection. All petitions for reexamination must be heard within 30 days of their receipt by the court.
51.20(16)(j)
(j) This subsection applies to petitions for reexamination that are filed under
ch. 971, but not
s. 971.17, and
ch. 975, except that the petitions shall be filed with the committing court.
51.20(16)(k)
(k) Any order of a county department under
s. 51.42 or
51.437 is subject to review by the court assigned to exercise probate jurisdiction upon petition under this subsection.
51.20(16)(L)
(L) The pendency of an appeal in either the court of appeals or the supreme court does not deprive the circuit court of jurisdiction to conduct reexamination proceedings under this section with respect to the individual who is the subject of the appeal.
51.20(17)
(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 has responsibility for the patient and to the committing court.
51.20(18)
(18) Fees of examiners, witnesses; expenses of proceedings. 51.20(18)(a)(a) Unless previously fixed by the county board of supervisors in the county in which the examination is held, the examiners shall receive a fee as fixed by the court for participation in commitment proceedings, and reasonable reimbursement for travel expenses.
51.20(18)(b)
(b) Witnesses subpoenaed before the court shall be entitled to the same fees as witnesses subpoenaed before the court in other cases.
51.20(18)(c)
(c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed or released, in the manner that the expenses of a criminal prosecution are paid, as provided in
s. 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with
ch. 977.
51.20(18)(d)
(d) If the subject individual has a legal residence in a county other than the county from which he or she is detained, committed or discharged, that county shall reimburse the county from which the individual was detained, committed or discharged for all expenses under
pars. (a) to
(c). The county clerk on each July 1 shall submit evidences of payments of all such proceedings on nonresident payments to the department, which shall certify such expenses for reimbursement in the form of giving credits to the detaining, committing or discharging county and assessing such costs against the county of legal residence or against the state at the time of the next apportionment of charges and credits under
s. 70.60.
51.20(19)(a)(a) Prior to filing a petition for commitment of an inmate under
sub. (1) (ar) the department shall:
51.20(19)(a)1.
1. Attempt to use less restrictive forms of treatment with the individual. Less restrictive forms of treatment shall include, but are not limited to, voluntary treatment within the prison or voluntary transfer to a state treatment facility, including an admission which meets the requirements of
s. 51.10 (4m).
51.20(19)(a)2.
2. Ensure that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist.
51.20(19)(b)1.
1. Establishing standards for the use of psychotropic drugs on prisoners in a state prison and inmates committed under
sub. (1) (ar).
51.20(19)(b)1m.
1m. Establishing standards and procedures for use of and periodic review of the use of psychotropic drugs on inmates in a county jail or house of correction who are being treated in the jail or house of correction under a commitment based on a petition under
sub. (1) (a) or
(av).
51.20(19)(b)2.
2. Providing for the periodic review and evaluation of the appropriateness of and the need for the use of psychotropic drugs on, and the need for the continuation of treatment for, each inmate committed under
sub. (1) (ar).
Effective date note
History: 1975 c. 430;
1977 c. 26,
29;
1977 c. 187 ss.
42,
43,
134,
135;
1977 c. 428 ss.
29 to
65,
115;
1977 c. 447,
449; Sup. Ct. Order, 83 W (2d) xiii;
1979 c. 32,
89; Sup. Ct. Order, eff. 1-1-80;
1979 c. 110 s.
60 (1);
1979 c. 175 s.
53;
1979 c. 300,
336,
356;
1981 c. 20,
367;
1981 c. 390 s.
252;
1983 a. 27,
219;
1983 a. 474 ss.
2 to
9m,
14;
1985 a. 29 ss.
1067 to
1071,
3200 (56),
3202 (56);
1985 a. 139,
176,
321,
332;
1987 a. 27; Sup. Ct. Order, 141 W (2d) xiii (1987);
1987 a. 366,
394,
403;
1989 a. 31,
334;
1993 a. 98,
196,
227,
316,
451,
474;
1995 a. 77,
201,
268,
292,
440; s. 13.93 (1) (b), (2) (c).
51.20 Note
NOTE: 1987 Wis. Act 366, that amended this section contains notes by the Legislative Council following many of the statutes affected.
51.20 Annotation
1987 Wis. Act 394, which affected this section, contains a prefatory note and notes following the sections.
51.20 Note
Judicial Council Committee's Note, 1981: The final sentence of sub. (1) (am) allows the court to consider the subject individual's conduct during or subsequent to the crime as "recent" for purposes of involuntary civil commitment under this section, if the individual is proceeded against during, or immediately upon discharge from, a commitment for examination or treatment for incompetency to proceed as a criminal defendant. The relevancy of evidence of the individual's conduct prior to the crime is to be determined by the court. The revised statute requires the subject individual's dangerousness to be evidenced by acts, attempts, threats, omissions or behavior referred to in sub. (1) (a) 2. Prior law allowed commitment of such an individual upon a showing that there was a substantial likelihood, based on the treatment record, that he or she would be a proper subject for commitment if treatment were withdrawn. [Bill 765-A]
51.20 Note
Judicial Council Note, 1988: The amendment to sub. (2) allows notice of hearings to be given by telephone. The time at which such notice is given and the person to whom it is given must be noted in the case file. [Re Order effective Jan. 1, 1988]
51.20 Annotation
Role of attorney appointed under sub. (4), 1975 stats., [now (3)] discussed. State ex rel. Memmel v. Mundy, 75 W (2d) 276, 249 NW (2d) 573.
51.20 Annotation
Due process standard for hearings under this section is more flexible than standard for criminal proceedings. In Matter of Parham, 95 W (2d) 21, 289 NW (2d) 326 (Ct. App. 1979).
51.20 Annotation
Fourteen day time limit in sub. (7) (c) is mandatory and refers to calendar days, not business days. State ex rel. Lockman v. Gerhardstein, 107 W (2d) 325, 320 NW (2d) 27 (Ct. App. 1982).
51.20 Annotation
Criminal and civil commitments are not substantially the same. State v. Smith, 113 W (2d) 497, 335 NW (2d) 376 (1983).
51.20 Annotation
Person may be proper subject for treatment even though cure is unlikely. In Matter of Mental Condition of C.J. 120 W (2d) 355, 354 NW (2d) 219 (Ct. App. 1984).
51.20 Annotation
Forty-five day limit of sub. (13) (g) 2. applies only to original commitment order and does not bar subsequent extensions of order. In Matter of M.J. 122 W (2d) 525, 362 NW (2d) 190 (Ct. App. 1984).
51.20 Annotation
Use of testimony by physicians over telephone did not violate petitioner's due process rights. In Matter of W.J.C. 124 W (2d) 238, 369 NW (2d) 162 (Ct. App. 1985).
51.20 Annotation
Hearings under (12) are open unless court grants subject individual's motion for closure. State ex rel. Wis. Journal v. Dane Cir. Ct., 131 W (2d) 515, 389 NW (2d) 73 (Ct. App. 1986).
51.20 Annotation
Individual's counsel may not withdraw jury demand without individual's consent. In Matter of S.B., 138 (2d) 409, 406 NW (2d) 408 (1987).
51.20 Annotation
Sub. (13) (c) 2 does not permit committing court to specify treatment method in addition to facility. In Matter of J.R.R., 145 W (2d) 431, 427 NW (2d) 137 (Ct. App. 1988).
51.20 Annotation
Under sub. (13) (g) 3. individual has right to jury trial in proceedings to extend commitment. In Matter of Mental Condition of G.O.T., 151 W (2d) 629, 445 NW (2d) 697 (Ct. App. 1989).
51.20 Annotation
Discussion of bright line rule prohibiting circuit court from accepting petitions drafted by persons not authorized to do so under sub. (4). In Matter of S.P.B., 159 W (2d) 393, 464 NW (2d) 102 (Ct. App. 1990).
51.20 Annotation
See note to section 753.19 citing State ex. rel. Chiarkas v. Skow, 160 W (2d) 123, 465 NW (2d) 625 (1990).
51.20 Annotation
Assurance of representation by adversary counsel under sub. (3) does not preclude self representation where waiver of counsel is knowingly and competently made. In Matter of Condition of S.Y., 162 W (2d) 320, 469 NW (2d) 836 (1991).
51.20 Annotation
Provision of sub. (16) (c) for hearing on petition within 30 days of filing is directory and violation not grounds for release. State v. R.R.E., 162 W (2d) 698, 470 NW (2d) 283 (1991).
51.20 Annotation
Where recommitment hearing under sub. (13) (g) 3. is before same judge who conducted original commitment proceeding, request for substitution under s. 801.58 not allowed. Serocki v. Clark County Circ. Ct. 163 W (2d) 152, 471 NW (2d) 49 (1991).
51.20 Annotation
Sub. (15) does not authorize appeal of court commissioner's order to court of appeals; proper review is new hearing by circuit court. In Matter of Mental Condition of C.M.B., 165 W (2d) 703, 478 NW (2d) 385 (1992).
51.20 Annotation
Involuntary commitment may not be ordered on summary judgment. Matter of Mental Condition of Shirley J.C. 172 W (2d) 371, 493 NW (2d) 382 (Ct. App. 1992).
51.20 Annotation
A probable cause determination made by a court commissioner under sub. (7) is subject to de novo review by the circuit court, generally within 72 hours of the initial determination. Milwaukee County v. Louise M. 196 W (2d) 200, 538 NW (2d) 550 (Ct. App. 1995).
51.20 Annotation
Under (2), court can entertain proceedings for involuntary commitment of person admitted as voluntary inpatient. 68 Atty. Gen. 97.
51.20 Annotation
Sub. (14) requires sheriff to transport subject of petition under s. 51.20 at all stages of proceedings, regardless of reimbursement. 68 Atty. Gen. 225.
51.20 Annotation
Individual in custody of sheriff for transport to, from and during involuntary commitment hearing has rights to least restrictive restraint appropriate.
71 Atty. Gen. 183.
51.20 Annotation
Duties and obligations of corporation counsel in involuntary civil commitment proceedings under this chapter discussed.
79 Atty. Gen. 129.
51.20 Annotation
Under sub. (14), the director of the county department under s. 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under ch. 51, and the sheriff must do so within a reasonable time.
80 Atty. Gen. 299.
51.20 Annotation
State cannot confine, without more, nondangerous persons capable of surviving safely in freedom alone or with help of family or friends. O'Connor v. Donaldson, 422 US 563.
51.20 Annotation
Due process does not require states to use "beyond a reasonable doubt" standard in civil commitment proceedings. Addington v. Texas, 441 US 418 (1979).
51.20 Annotation
In signing commitment application, county employe was in essence acting as witness in judicial proceeding and as such was entitled to immunity. Martens v. Tremble, 481 F Supp. 831 (1979).
51.20 Annotation
See note to Art. I, sec. 6, citing Flakes v. Percy, 511 F Supp. 1325 (1981).
51.20 Annotation
The privilege against self-incrimination in civil commitment proceedings. 1980 WLR 697.
51.22
51.22
Care and custody of persons. 51.22(1)
(1) Except as provided in
s. 51.20 (13) (a) 4. or
5., any person committed under this chapter shall be committed to the county department under
s. 51.42 or
51.437 serving the person's county of residence, and such county department shall authorize placement of the person in an appropriate facility for care, custody and treatment according to
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a).
51.22(2)
(2) Voluntary admissions under
ss. 51.10,
51.13 and
51.45 (10) shall be through the county department under
s. 51.42 or
51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under
s. 51.42 or
51.437 shall be made in accordance with
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a). Admissions through the department shall be made in accordance with
sub. (3).
