51.20(1)(ar)1.
1. That the inmate needs inpatient treatment at a state treatment facility because appropriate treatment is not available in the prison.
51.20(1)(ar)2.
2. That the inmate's treatment needs can be met on an outpatient basis in the prison.
51.20(1)(av)1.1. If the individual is an inmate who has been sentenced to imprisonment in a county jail or house of correction, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege 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. The petition shall include the inmate's sentence and his or her expected date of release as determined under
s. 302.43 or
303.19 (3). The petition shall have attached to it a signed statement by a licensed physician, licensed psychologist or other mental health professional attesting either of the following:
51.20(1)(av)1.a.
a. That the inmate needs inpatient treatment at a state or county treatment facility because appropriate treatment is not available in the jail or house of correction.
51.20(1)(av)1.b.
b. That the inmate's treatment needs can be met on an outpatient basis in the jail or house of correction.
51.20(1)(av)2.
2. This paragraph does not apply to petitions filed under this section on or after July 1, 1990.
51.20(1)(b)
(b) Each petition for examination shall be signed by 3 adult persons, at least one of whom has personal knowledge of the conduct of the subject individual, except that this requirement does not apply if the petition is filed pursuant to a court order under
s. 938.30 (5) (c) 1. or
(d) 1.
51.20(1)(c)
(c) The petition shall contain the names and mailing addresses of the petitioners and their relation to the subject individual, and shall also contain the names and mailing addresses of the individual's spouse, adult children, parents or guardian, custodian, brothers, sisters, person in the place of a parent and person with whom the individual resides or lives. If this information is unknown to the petitioners or inapplicable, the petition shall so state. The petition may be filed in the court assigned to exercise probate jurisdiction for the county where the subject individual is present or the county of the individual's legal residence. If the judge of the court or a court commissioner who handles probate matters is not available, the petition may be filed and the hearing under
sub. (7) may be held before a judge or court commissioner of any circuit court for the county. For the purposes of this chapter, duties to be performed by a court shall be carried out by the judge of the court or a court commissioner of the court who is an attorney and is designated by the judge to so act, in all matters prior to a final hearing under this section. The petition shall contain a clear and concise statement of the facts which constitute probable cause to believe the allegations of the petition. The petition shall be sworn to be true. If a petitioner is not a petitioner having personal knowledge as provided in
par. (b), the petition shall contain a statement providing the basis for his or her belief.
51.20(1m)
(1m) Alternate grounds for commitment. For purposes of
subs. (2) to
(9), the requirement of finding probable cause to believe the allegations in
sub. (1) (a) or
(am) may be satisfied by finding probable cause to believe that the individual satisfies
sub. (1) (a) 1. and evidences such impaired judgment, manifested by evidence of a recent act or omission, that there is a substantial probability of physical impairment or injury to himself or herself. The probability of physical impairment or injury may not be deemed substantial under this subsection if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of the services or if the individual is appropriate for protective placement under
s. 55.06. The individual's status as a minor does not automatically establish a substantial probability of physical impairment or injury under this subsection. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subsection.
51.20(2)
(2) Notice of hearing and detention. Upon filing of a petition for examination, the court shall review the petition to determine whether an order of detention should be issued. The subject individual shall be detained only if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and the individual is eligible for commitment under
sub. (1) (a) or
(am) based upon specific recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions made by the individual. If the subject individual is to be detained, a law enforcement officer shall present the subject individual with a notice of hearing, a copy of the petition and detention order and a written statement of the individual's right to an attorney, a jury trial if requested more than 48 hours prior to the final hearing, the standard upon which he or she may be committed under this section and the right to a hearing to determine probable cause for commitment within 72 hours after the individual arrives at the facility, excluding Saturdays, Sundays and legal holidays. The officer shall orally inform the individual that he or she is being taken into custody as the result of a petition and detention order issued under this chapter. If the individual is not to be detained, the law enforcement officer shall serve these documents on the subject individual and shall also orally inform the individual of these rights. The individual who is the subject of the petition, his or her counsel and if the individual is a minor, his or her parent or guardian, if known, shall receive notice of all proceedings under this section. The court may also designate other persons to receive notices of hearings and rights under this chapter. Any such notice may be given by telephone. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke. The notice of time and place of a hearing shall be served personally on the subject of the petition, and his or her attorney, within a reasonable time prior to the hearing to determine probable cause for commitment. If the law enforcement officer has a detention order issued by a court, or if the law enforcement officer has cause to believe that the subject individual is mentally ill, drug dependent or developmentally disabled and is eligible for commitment under
sub. (1) (a) or
(am), based upon specific recent overt acts, attempts or threats to act or on a pattern of omissions made by the individual, the law enforcement officer shall take the subject individual into custody. If the individual is detained by a law enforcement officer, the individual shall be orally informed of his or her rights under this section on arrival at the detention facility by the facility staff, who shall also serve all documents required by this section on the individual. Placement shall be made in a hospital which is approved by the department as a detention facility or under contract with a county department under
s. 51.42 or
51.437, approved public treatment facility, mental health institute, center for the developmentally disabled under the requirements of
s. 51.06 (3), state treatment facility, or in an approved private treatment facility if the facility agrees to detain the subject individual. Upon arrival at the facility, the individual is deemed to be in the custody of the facility.
51.20(3)
(3) Legal counsel. At the time of the filing of the petition the court shall assure that the subject individual is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations specified under
s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4).
51.20(4)
(4) Public representation. Except as provided in
ss. 51.42 (3) (ar) 1. and
51.437 (4m) (f), the corporation counsel shall represent the interests of the public in the conduct of all proceedings under this chapter, including the drafting of all necessary papers related to the action.
51.20(5)
(5) Hearing requirements. The hearings which are required to be held under this chapter shall conform to the essentials of due process and fair treatment including the right to an open hearing, the right to request a closed hearing, the right to counsel, the right to present and cross-examine witnesses, the right to remain silent and the right to a jury trial if requested under
sub. (11). The parent or guardian of a minor who is the subject of a hearing shall have the right to participate in the hearing and to be represented by counsel. All proceedings under this chapter shall be reported as provided in
SCR 71.01. The court may determine to hold a hearing under this section at the institution at which the individual is detained, whether or not located in the same county as the court with which the petition was filed, unless the individual or his or her attorney objects.
51.20(6)
(6) Juveniles. For minors, the hearings held under this section shall be before the court assigned to exercise jurisdiction under
chs. 48 and
938.
51.20(7)(a)(a) After the filing of the petition under
sub. (1), if the subject individual is detained under
s. 51.15 or this section the court shall hold a hearing to determine whether there is probable cause to believe the allegations made under
sub. (1) (a) within 72 hours after the individual arrives at the facility, excluding Saturdays, Sundays and legal holidays. At the request of the subject individual or his or her counsel the hearing may be postponed, but in no case may the postponement exceed 7 days from the date of detention.
51.20(7)(am)
(am) A subject individual may not be examined, evaluated or treated for a nervous or mental disorder pursuant to a court order under this subsection unless the court first attempts to determine whether the person is an enrolled participant of a health maintenance organization, limited service health organization or preferred provider plan, as defined in
s. 609.01, and, if so, notifies the organization or plan that the subject individual is in need of examination, evaluation or treatment for a nervous or mental disorder.
51.20(7)(b)
(b) If the subject individual is not detained or is an inmate of a state prison, county jail or house of correction, the court shall hold a hearing within a reasonable time of the filing of the petition, to determine whether there is probable cause to believe the allegations made under
sub. (1).
51.20(7)(c)
(c) If the court determines that there is probable cause to believe the allegations made under
sub. (1), it shall schedule the matter for a hearing within 14 days from the time of detention of the subject individual, except as provided in
sub. (8) (bg) or
(bm) or
(11) (a). If a postponement has been granted under
par. (a), the matter shall be scheduled for hearing within 21 days from the time of detention of the subject individual. If the subject individual is not detained under
s. 51.15 or this section or is an inmate of a state prison, county jail or house of correction, the hearing shall be scheduled within 30 days of the hearing to determine probable cause for commitment. In the event that the subject individual fails to appear for the hearing to determine probable cause for commitment, the court may issue an order for the subject individual's detention and shall hold the hearing to determine probable cause for commitment within 48 hours, exclusive of Saturdays, Sundays and legal holidays, from the time that the individual is detained.
51.20(7)(d)1.1. If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under
ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under
s. 880.07 (1m) (c) and
(cm) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
51.20(7)(d)1.a.
a. The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives.
51.20(7)(d)1.b.
b. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.
51.20(7)(d)2.
2. A finding by the court that there is probable cause to believe that the subject individual meets the commitment standard under
sub. (1) (a) 2. e. constitutes a finding that the individual is not competent to refuse medication or treatment under this paragraph.
51.20 Note
NOTE: Par. (d) is shown as affected by two acts of the 1995 legislature and as merged and renumbered by the revisor under s. 13.93 (1) (b) and (2) (c).
Effective date text
(d) If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, the individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment, and the alternatives to accepting the particular treatment offered, after the advantages, disadvantages and alternatives have been explained to the individual.
51.20(7)(dm)
(dm) The court shall proceed as if a petition were filed under
s. 51.45 (13) if all of the following conditions are met:
51.20(7)(dm)1.
1. The petitioner's counsel notifies all other parties and the court, within a reasonable time prior to the hearing, of his or her intent to request that the court proceed as if a petition were filed under
s. 51.45 (13).
51.20(7)(dm)2.
2. The court determines at the hearing that there is probable cause to believe that the subject individual is a fit subject for treatment under
s. 51.45 (13).
51.20(7)(e)
(e) If the court determines that probable cause does not exist to believe the allegations, or to proceed under
par. (d), the court shall dismiss the proceeding.
51.20(8)
(8) Disposition pending hearing. 51.20(8)(a)(a) If it is shown that there is probable cause to believe the allegations under
sub. (1), the court may release the subject individual pending the full hearing and the individual has the right to receive treatment services, on a voluntary basis, from the county department under
s. 51.42 or
51.437, or from the department. The court may issue an order stating the conditions under which the subject individual may be released from detention pending the final hearing. If acceptance of treatment is made a condition of the release, the subject individual may elect to accept the conditions or choose detention pending the hearing. The court order may state the action to be taken upon information of breach of the conditions. A final hearing must be held within 30 days of the order, if the subject individual is released. Any detention under this paragraph invokes time limitations specified in
sub. (7) (c), beginning with the time of the detention. The right to receive treatment voluntarily or accept treatment as a condition of release under this paragraph does not apply to an individual for whom a probable cause finding has been made, under
s. 51.61 (1) (g), that he or she is not competent to refuse medication, to the extent that the treatment includes medication.
51.20(8)(b)
(b) If the court finds the services provided under
par. (a) are not available, suitable, or desirable based on the condition of the individual, it may issue a detention order and the subject individual may be detained pending the hearing as provided in
sub. (7) (c). Detention may be in a hospital which is approved by the department as a detention facility or under contract with a county department under
s. 51.42 or
51.437, approved public treatment facility, mental health institute, center for the developmentally disabled under the requirements of
s. 51.06 (3), state treatment facility, or in an approved private treatment facility if the facility agrees to detain the subject individual.
51.20(8)(bg)
(bg) The subject individual, or the individual's legal counsel with the individual's consent, may waive the time periods under
s. 51.10 or this section for the probable cause hearing or the final hearing, or both, for a period not to exceed 90 days from the date of the waiver, if the individual and the counsel designated under
sub. (4) agree at any time after the commencement of the proceedings that the individual shall obtain treatment under a settlement agreement. The settlement agreement shall be in writing, shall be approved by the court and shall include a treatment plan that provides for treatment in the least restrictive manner consistent with the needs of the subject individual. Either party may request the court to modify the treatment plan at any time during the 90-day period. The court shall designate the appropriate county department under
s. 51.42 or
51.437 to monitor the individual's treatment under, and compliance with, the settlement agreement. If the individual fails to comply with the treatment according to the agreement, the designated county department shall notify the counsel designated under
sub. (4) and the subject's counsel of the individual's noncompliance.
51.20(8)(bm)
(bm) If, within 90 days from the date of the waiver under
par. (bg), the subject individual fails to comply with the settlement agreement approved by the court under
par. (bg), the counsel designated under
sub. (4) may file with the court a statement of the facts which constitute the basis for the belief that the subject individual is not in compliance. The statement shall be sworn to be true and may be based on the information and belief of the person filing the statement. Upon receipt of the statement of noncompliance, the court may issue an order to detain the subject individual pending the final disposition. If the subject individual is detained under this paragraph, the court shall hold a probable cause hearing within 72 hours from the time of detention, excluding Saturdays, Sundays and legal holidays or, if the probable cause hearing was held prior to the approval of the settlement agreement under
par. (bg), the court shall hold a final hearing within 14 days from the time of detention. If a jury trial is requested later than 5 days after the time of detention under this paragraph, but not less than 48 hours before the time of the final hearing, the final hearing shall be held within 21 days from the time of detention. The facts alleged as the basis for commitment prior to the waiver of the time periods for hearings under
par. (bg) may be the basis for a finding of probable cause or a final disposition at a hearing under this paragraph.
51.20(8)(br)
(br) Upon the motion of the subject individual, the court shall hold a hearing on the issue of noncompliance with the settlement agreement within 72 hours from the time the motion for a hearing under this paragraph is filed with the court, excluding Saturdays, Sundays and legal holidays. The hearing under this paragraph may be held as part of the probable cause or final hearing if the probable cause or final hearing is held within 72 hours from the time the motion is filed with the court, excluding Saturdays, Sundays and legal holidays. At a hearing on the issue of noncompliance with the agreement, the written statement of noncompliance submitted under
par. (bm) shall be prima facie evidence that a violation of the conditions of the agreement has occurred. If the subject individual denies any of the facts as stated in the statement, he or she has the burden of proving that the facts are false by a preponderance of the evidence.
51.20(8)(c)
(c) During detention a physician may order the administration of such medication or treatment as is permitted under
s. 51.61 (1) (g) and
(h). The subject individual may consent to treatment but only after he or she has been informed of his or her right to refuse treatment and has signed a written consent to such treatment, except that an individual for whom, under
s. 51.61 (1) (g), a probable cause finding has been made that he or she is not competent to refuse medication may not consent to medication under this paragraph. A report of all treatment which is provided, along with any written consent, shall be filed with the court by the director of the treatment facility in which the subject individual is detained, or his or her designee.
51.20(9)(a)(a) If the court finds after the hearing that there is probable cause to believe the allegations under
sub. (1), it shall appoint 2 licensed physicians specializing in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed physicians one of whom shall have specialized training in psychiatry, if available, or 2 physicians, to personally examine the subject individual. Such examiners shall have the specialized knowledge determined by the court to be appropriate to the needs of the subject individual. One of the examiners may be selected by the subject individual if such person makes his or her selection known to the court within 24 hours after completion of the hearing to determine probable cause for commitment. The court may deny the subject individual's selection if the examiner does not meet the requirements of this paragraph or such person is not available. If requested by the subject individual, the individual's attorney or any other interested party with court permission, the individual has a right at his or her own expense or if indigent with approval of the court hearing the petition, at the reasonable expense of the individual's county of legal residence, to secure an additional medical or psychological examination, and to offer the evaluator's personal testimony, as evidence at the hearing. The examiners may not be related to the subject individual by blood or marriage, and may have no interest in his or her property. Prior to the examination the subject individual shall be informed that his or her statements can be used as a basis for commitment and that he or she has the right to remain silent, and that the examiner is required to make a report to the court even if the subject individual remains silent. A written report shall be made of all such examinations and filed with the court. The issuance of such a warning to the subject individual prior to each examination establishes a presumption that the individual understands that he or she need not speak to the examiner. The examiners shall personally observe and examine the subject individual at any suitable place and satisfy themselves, if reasonably possible, as to the individual's mental condition, and shall make independent reports to the court. The subject individual's treatment records shall be available to the examiners. If the subject individual is not detained pending the hearing, the court shall designate the time and place where the examination is to be held and shall require the individual's appearance. The report and testimony, if any, by the examiners shall be based on beliefs to a reasonable degree of medical certainty, or professional certainty if an examiner is a psychologist, in regard to the existence of the conditions described in
sub. (1), and the appropriateness of various treatment modalities or facilities. If the examiners are unable to make conclusions to a reasonable degree of medical or professional certainty, the examiners shall so state in their report and testimony, if any.
51.20(9)(b)
(b) If the examiner determines that the subject individual is a proper subject for treatment, the examiner shall make a recommendation concerning the appropriate level of treatment. Such recommendation shall include the level of inpatient facility which provides the least restrictive environment consistent with the needs of the individual, if any, and the name of the facility where the subject individual should be received into the mental health system. The court may, prior to disposition, order additional information concerning such recommended level of treatment to be provided by the staff of the appropriate county department under
s. 51.42 or
51.437, or by the staff of a public treatment facility if the subject individual is detained there pending the final hearing.
51.20(9)(c)
(c) On motion of either party, all parties shall produce at a reasonable time and place designated by the court all physical evidence which each party intends to introduce in evidence. Thereupon, any party shall be permitted to inspect, copy, or transcribe such physical evidence in the presence of a person designated by the court. The order shall specify the time, place and manner of making the inspection, copies, photographs, or transcriptions, and may prescribe such terms and conditions as are just. The court may, if the motion is made by the subject individual, delay the hearing for such period as may be necessary for completion of discovery.
51.20(10)(a)(a) Within a reasonable time prior to the final hearing, the petitioner's counsel shall notify the subject individual and his or her counsel of the time and place of final hearing. The court may designate additional persons to receive notice of the time and place of the final hearing. Within a reasonable time prior to the final hearing, each party shall notify all other parties of all witnesses he or she intends to call at the hearing and of the substance of their proposed testimony. The provision of notice of potential witnesses shall not bar either party from presenting a witness at the final hearing whose name was not in the notice unless the presentation of the witness without notice is prejudicial to the opposing party.
51.20(10)(b)
(b) Counsel for the person to be committed shall have access to all psychiatric and other reports 48 hours in advance of the final hearing.
51.20(10)(c)
(c) The court shall hold a final hearing to determine if the allegations specified in
sub. (1) are true. Except as otherwise provided in this chapter, the rules of evidence in civil actions and
s. 801.01 (2) apply to any judicial proceeding or hearing under this chapter. The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings that does not affect the substantial rights of either party.
51.20(10)(cm)1.1. Prior to or at the final hearing, for individuals for whom a petition is filed under
sub. (1) (a) 2. e., the county department under
s. 51.42 or
51.437 shall furnish to the court and the subject individual an initial recommended written treatment plan that contains the goals of treatment, the type of treatment to be provided and the expected providers. The treatment plan shall address the individual's needs for inpatient care, residential services, community support services, medication and its monitoring, case management, and other services to enable the person to live in the community upon release from an inpatient facility. The treatment plan shall contain information concerning the availability of the needed services and community treatment providers' acceptance of the individual into their programs. The treatment plan is only a recommendation and is not subject to approval or disapproval by the court. Failure to furnish a treatment plan under this subdivision does not constitute grounds for dismissal of the petition unless the failure is made in bad faith.
51.20(10)(d)
(d) In the event that the subject individual is not detained and fails to appear for the final hearing the court may issue an order for the subject individual's detention and shall hold the final commitment hearing within 7 days from the time of detention.
51.20(10)(e)
(e) At the request of the subject individual or his or her counsel the final hearing under
par. (c) may be postponed, but in no case may the postponement exceed 7 calendar days from the date established by the court under this subsection for the final hearing.
51.20(11)(a)(a) If before involuntary commitment a jury is demanded by the individual against whom a petition has been filed under
sub. (1) or by the individual's counsel if the individual does not object, the court shall direct that a jury of 6 people be drawn to determine if the allegations specified in
sub. (1) (a),
(ar) or
(av) are true. A jury trial is deemed waived unless demanded at least 48 hours in advance of the time set for final hearing, if notice of that time has been previously provided to the subject individual or his or her counsel. If a jury trial demand is filed within 5 days of detention, the final hearing shall be held within 14 days of detention. If a jury trial demand is filed later than 5 days after detention, the final hearing shall be held within 14 days of the date of demand. If an inmate of a state prison, county jail or house of correction demands a jury trial within 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the probable cause hearing. If an inmate of a state prison, county jail or house of correction demands a jury trial later than 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the date of demand.
51.20(11)(b)
(b) No verdict shall be valid or received unless agreed to by at least 5 of the jurors.
51.20(11)(c)
(c) Motions after verdict may be made without further notice upon receipt of the verdict.
51.20(12)
(12) Open hearings; exception. Every hearing which is held under this section shall be open, unless the subject individual or the individual's attorney, acting with the individual's consent, moves that it be closed. If the hearing is closed, only persons in interest, including representatives of providers of service and their attorneys and witnesses may be present. If the subject individual is a minor, every hearing shall be closed unless an open hearing is demanded by the minor through his or her counsel.
51.20(13)(a)(a) At the conclusion of the proceedings the court shall:
51.20(13)(a)2.
2. If the subject individual is an adult, or is a minor aged 14 years or more who is developmentally disabled, proceed under
s. 51.67 to determine whether the subject individual should receive protective placement or protective services; or
51.20(13)(a)3.
3. If the individual is not an inmate of a state prison, county jail or house of correction and the allegations specified in
sub. (1) (a) are proven, order commitment to the care and custody of the appropriate county department under
s. 51.42 or
51.437, or if inpatient care is not required order commitment to outpatient treatment under care of such county department; or
51.20(13)(a)4.
4. If the individual is an inmate of a state prison and the allegations under
sub. (1) (a) or
(ar) are proven, order commitment to the department and either authorize the transfer of the inmate to a state treatment facility or if inpatient care is not needed authorize treatment on an outpatient basis in the prison; or
51.20(13)(a)4m.
4m. If the individual is an inmate of a county jail or house of correction and the allegations under
sub. (1) (a) or
(av) are proven, order commitment to the county department under
s. 51.42 or
51.437 serving the inmate's county of residence or, if the inmate is a nonresident, order commitment to the department. The order shall either authorize the transfer of the inmate to a state or county treatment facility or, if inpatient care is not needed, authorize treatment on an outpatient basis in the jail or house of correction; or
51.20(13)(a)5.
5. If the allegations specified in
sub. (1) (a) are proven and the subject individual is a nonresident, order commitment to the department.
51.20(13)(b)
(b) If the petition has been dismissed under
par. (a), the subject individual may agree to remain in any facility in which he or she was detained pending the hearing for the period of time necessary for alternative plans to be made for his or her care.
51.20(13)(c)1.
1. The court shall designate the facility or service which is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall designate only the central center for the developmentally disabled unless the department authorizes designation of the northern or southern center for the developmentally disabled;
51.20(13)(c)2.
2. The county department under
s. 51.42 or
51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled; and
51.20(13)(c)3.
3. The county department under
s. 51.42 or
51.437 shall report to the court as to the initial plan of treatment for the subject individual.
51.20(13)(cm)
(cm) If disposition is made under
par. (a) 4. or
4m. and the inmate is transferred to a state or county treatment facility, the department or, in the case of a disposition under
par. (a) 4m., the county department under
s. 51.42 or
51.437 may, after evaluating the inmate and developing an appropriate treatment plan, transfer the inmate back to the prison, county jail or house of correction on a conditional basis. The inmate shall be informed of the terms and conditions of the transfer as provided in
s. 51.35 (1) (a). If the inmate does not cooperate with the treatment or if the inmate is in need of additional inpatient treatment, the department or the county department under
s. 51.42 or
51.437 may return the inmate to a state or county treatment facility.
51.20(13)(cr)
(cr) If the subject individual is before the court on a petition filed under a court order under
s. 938.30 (5) (c) 1. and is found to have committed a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
Effective date note
NOTE: Par. (cr) is shown as amended eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
(cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.
51.20(13)(ct)1.1. If the subject individual is before the court on a petition filed under a court order under
s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of
s. 940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under
s. 301.45.
51.20(13)(ct)2.
2. Except as provided in
subd. 1., if the subject individual is before the court on a petition filed under a court order under
s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the subject individual to comply with the reporting requirements under
s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in
s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under
s. 301.45.
51.20(13)(cv)1.1. If the court makes the disposition under
par. (a) 3.,
4.,
4m. or
5. and the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety, the court shall prohibit the individual from possessing a firearm, order the seizure of any firearm owned by the individual and inform the individual of the requirements and penalties under
s. 941.29.
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.
