51.45(13)(b)4.
4. Set a time for a preliminary hearing under
par. (d). If the person is taken into protective custody, such hearing shall be held not later than 72 hours after the person arrives at the approved public treatment facility, exclusive of Saturdays, Sundays and legal holidays. If at that time the person is unable to assist in the defense because he or she is incapacitated by alcohol, an extension of not more than 48 hours, exclusive of Saturdays, Sundays and legal holidays, may be had upon motion of the person or the person's attorney.
51.45(13)(c)
(c) Effective and timely notice of the preliminary hearing, together with a copy of the petition and supporting affidavits under
par. (a), shall be given to the person unless he or she has been taken into custody under
par. (b), the spouse or legal guardian if the person is incompetent, the person's counsel and the petitioner. The notice shall include a written statement of the person's right to an attorney, the right to trial by jury, the right to be examined by a physician, and the standard under which he or she may be committed under this section. If the person is taken into custody under
par. (b), upon arrival at the approved public treatment facility, the person shall be advised both orally and in writing of the right to counsel, the right to consult with counsel before a request is made to undergo voluntary treatment under
sub. (10), the right not to converse with examining physicians, psychologists or other personnel, the fact that anything said to examining physicians, psychologists or other personnel may be used as evidence against him or her at subsequent hearings under this section, the right to refuse medication under
s. 51.61 (6), the exact time and place of the preliminary hearing under
par. (d), the right to trial by jury, the right to be examined by a physician and of the reasons for detention and the standards under which he or she may be committed prior to all interviews with physicians, psychologists or other personnel. Such notice of rights shall be provided to the person's immediate family if they can be located and may be deferred until the person's incapacitated condition, if any, has subsided to the point where the person is capable of understanding the notice. Under no circumstances may interviews with physicians, psychologists or other personnel be conducted until such notice is given, except that the person may be questioned to determine immediate medical needs. The person may be detained at the facility to which he or she was admitted or, upon notice to the attorney and the court, transferred by the county department to another appropriate public or private treatment facility, until discharged under this subsection. A copy of the petition and all supporting affidavits shall be given to the person at the time notice of rights is given under this paragraph by the superintendent, who shall provide a reasonable opportunity for the patient to consult counsel.
51.45(13)(d)
(d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under
par. (a) are true. The person shall be represented by counsel at the preliminary hearing and, if the person is a child or is indigent, counsel shall timely be appointed at public expense, as provided in
s. 967.06 and
ch. 977. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.
51.45(13)(dg)
(dg) The court shall proceed as if a petition were filed under
s. 51.20 (1) if all of the following conditions are met:
51.45(13)(dg)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. 51.20 (1).
51.45(13)(dg)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. 51.20 (1).
51.45(13)(dm)
(dm) For the purposes of this section, duties to be performed by a court shall be carried out by the judge of such court or a court commissioner of such court who is an attorney and is designated by the judge to so act, in all matters prior to a final hearing under this subsection.
51.45(13)(e)
(e) Upon a finding of probable cause under
par. (d), the court shall fix a date for a full hearing to be held within 14 days. An extension of not more than 14 days may be granted upon motion of the person sought to be committed upon a showing of cause. Effective and timely notice of the full hearing, the right to counsel, the right to jury trial and the standards under which the person may be committed shall be given to the person, the immediate family other than a petitioner under
par. (a) or
sub. (12) (b) if they can be located, the spouse or legal guardian if the person is incompetent, the superintendent in charge of the appropriate approved public treatment facility if the person has been temporarily committed under
par. (b) or
sub. (12), the person's counsel, unless waived, and to the petitioner under
par. (a). Counsel, or the person if counsel is waived, shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the full hearing on commitment, and shall be given the names of all persons who may testify in favor of commitment and a summary of their proposed testimony at least 96 hours before the full hearing, exclusive of Saturdays, Sundays and legal holidays.
51.45(13)(f)
(f) The hearing shall be open, unless the person sought to be committed or the person's attorney moves that it be closed, in which case only persons in interest, including representatives of the county department in all cases, and their attorneys and witnesses may be present. At the hearing the jury, or, if trial by jury is waived, the court, shall consider all relevant evidence, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. Ordinary rules of evidence shall apply to any such proceeding. The person whose commitment is sought shall be present and shall be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to the county department for a period of not more than 5 days for purposes of diagnostic examination.
51.45(13)(g)1.1. The court shall make an order of commitment to the county department if, after hearing all relevant evidence, including the results of any diagnostic examination, the trier of fact finds all of the following:
51.45(13)(g)1.a.
a. That the allegations of the petition under
par. (a) have been established by clear and convincing evidence.
51.45(13)(g)1.b.
b. That there is a relationship between the alcoholic condition and the pattern of conduct during the 12-month period immediately preceding the time of petition which is dangerous to the person or others and that this relationship has been established to a reasonable medical certainty.
51.45(13)(g)1.c.
c. That there is an extreme likelihood that the pattern of conduct will continue or repeat itself without the intervention of involuntary treatment or institutionalization.
51.45(13)(g)2.
2. The court may not order commitment of a person unless it is shown by clear and convincing evidence that there is no suitable alternative available for the person and that the county department is able to provide appropriate and effective treatment for the individual.
51.45(13)(h)
(h) A person committed under this subsection shall remain in the custody of the county department for treatment for a period set by the court, but not to exceed 90 days. During this period of commitment the county department may transfer the person from one approved public treatment facility or program to another as provided in
par. (k). At the end of the period set by the court, the person shall be discharged automatically unless the county department before expiration of the period obtains a court order for recommitment upon the grounds set forth in
par. (a) for a further period not to exceed 6 months. If after examination it is determined that the person is likely to inflict physical harm on himself or herself or on another, the county department shall apply for recommitment. Only one recommitment order under this paragraph is permitted.
51.45(13)(j)
(j) Upon the filing of a petition for recommitment under
par. (h), the court shall fix a date for a recommitment hearing within 10 days, assure that the person sought to be recommitted is represented by counsel and, if the person is indigent, appoint counsel for him or her, unless waived. The provisions of
par. (e) relating to notice and to access to records, names of witnesses and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under
pars. (f) and
(g).
51.45(13)(k)
(k) The county department shall provide for adequate and appropriate treatment of a person committed to its custody. Any person committed or recommitted to custody may be transferred by the county department from one approved public treatment facility or program to another upon the written application to the county department from the facility or program treating the person. Such application shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the person. Notice of such transfer and the reasons therefor shall be given to the court, the person's attorney and the person's immediate family, if they can be located.
51.45(13)(L)
(L) If an approved private treatment facility agrees with the request of a competent patient or a parent, sibling, adult child, or guardian to accept the patient for treatment, the county department may transfer the person to the private treatment facility.
51.45(13)(m)
(m) A person committed under this section may at any time seek to be discharged from commitment by habeas corpus proceedings.
51.45(13)(n)
(n) The venue for proceedings under this subsection is the place in which the person to be committed resides or is present.
51.45(13)(o)
(o) All fees and expenses incurred under this section which are required to be assumed by the county shall be governed by
s. 51.20 (19).
51.45(13)(p)
(p) A record shall be made of all proceedings held under this subsection. Transcripts shall be made available under
SCR 71.04. The county department may in any case request a transcript.
51.45(14)
(14) Confidentiality of records of patients. 51.45(14)(a)(a) Except as otherwise provided in
s. 51.30, the registration and treatment records of alcoholism treatment programs and facilities shall remain confidential and are privileged to the patient. The application of
s. 51.30 is limited by any rule promulgated under
s. 51.30 (4) (c) for the purpose of protecting the confidentiality of alcoholism treatment records in conformity with federal requirements.
51.45(14)(b)
(b) Any person who violates this subsection shall forfeit not more than $5,000.
51.45(15)(a)(a) Except as provided in
s. 51.61 (2), a person being treated under this section does not thereby lose any legal rights.
51.45(15)(b)
(b) No provisions of this section may be deemed to contradict any rules or regulations governing the conduct of any inmate of a state or county correctional institution who is being treated in an alcoholic treatment program within the institution.
51.45(15)(c)
(c) A private or public general hospital may not refuse admission or treatment to a person in need of medical services solely because that person is an "alcoholic", "incapacitated by alcohol" or is an "intoxicated person" as defined in
sub. (2). This paragraph does not require a hospital to admit or treat the person if the hospital does not ordinarily provide the services required by the person. A private or public general hospital which violates this paragraph shall forfeit not more than $500.
51.45(16)(a)(a) Liability for payment for care, services and supplies provided under this section, the collection and enforcement of such payments, and the adjustment and settlement with the several counties for their proper share of all moneys collected under
s. 46.10, shall be governed exclusively by
s. 46.10.
51.45(16)(b)
(b) Payment for treatment of persons treated under
s. 302.38 shall be made under that section.
51.45(16)(c)
(c) Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with
ch. 977.
51.45(17)
(17) Applicability of other laws; procedure. 51.45(17)(a)(a) Nothing in this section affects any law, ordinance or rule the violation of which is punishable by fine, forfeiture or imprisonment.
51.45(17)(b)
(b) All administrative procedure followed by the secretary in the implementation of this section shall be in accordance with
ch. 227.
51.45(18)
(18) Construction. This section shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this section insofar as possible among states which enact similar laws.
51.45(19)
(19) Short title. This section may be cited as the "Alcoholism and Intoxication Treatment Act".
Effective date note
History: 1973 c. 198;
1975 c. 200,
428;
1975 c. 430 s.
80;
1977 c. 29;
1977 c. 187 ss.
44,
134,
135;
1977 c. 203 s.
106;
1977 c. 428;
1977 c. 449 s.
497; Sup. Ct. Order, 83 W (2d) xiii (1987);
1979 c. 32 s.
92 (11); Sup. Ct. Order, eff. 1-1-80;
1979 c. 221 ss.
417,
2200 (20);
1979 c. 300,
331,
356;
1981 c. 20;
1981 c. 79 s.
17;
1981 c. 289,
314;
1983 a. 27 ss.
1116 to
1121,
2202 (20);
1985 a. 29 s.
3202 (56);
1985 a. 139;
1985 a. 176 ss.
533 to
556,
615;
1985 a. 265;
1985 a. 332 s.
251 (1);
1987 a. 339,
366;
1989 a. 31,
336,
359;
1991 a. 39;
1993 a. 16,
27,
213,
451,
490;
1995 a. 27 ss.
3268,
3269,
9145 (1);
1995 a. 77,
225.
51.45 Note
Judicial Council Note, 1981: Reference to a "writ" of habeas corpus in sub. (13) (m) has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
51.45 Annotation
See note to 55.06, citing Guardianship & Protective Placement of Shaw, 87 W (2d) 503, 275 NW (2d) 143 (Ct. App. 1979).
51.45 Annotation
One-person petition under (12) is sufficient for commitment only until preliminary hearing; three-person petition under (13) is required for commitment beyond this time period. In Matter of B.A.S.: State v. B.A.S., 134 W (2d) 291, 397 NW (2d) 114 (Ct. App. 1986).
51.45 Annotation
Criminal charges of bail jumping based solely on the consumption of alcohol violate this section. The state is not prevented from making nonconsumption a condition of bail, parole or probation, but the penalty is limited to revocation and it cannot be the basis for a separate criminal charge. State ex rel. Jacobus v. State, 198 W (2d) 783, 544 NW (2d) 234 (Ct. App. 1995).
51.45 Annotation
Persons incapacitated by alcohol who engage in disorderly conduct in treatment facility may be so charged, but not merely for the purpose of arranging for their confinement in jail for security during detoxification. 64 Atty. Gen. 161.
51.45 Annotation
The revision of Wisconsin's law of alcoholism and intoxication. Robb, 58 MLR 88.
51.45 Annotation
Wisconsin's new alcoholism act encourages early voluntary treatment. 1974 WBB No. 3.
51.47
51.47
Alcohol and other drug abuse treatment for minors. 51.47(1)(1) Except as provided in
subs. (2) and
(3), any physician or health care facility licensed, approved or certified by the state for the provision of health services may render preventive, diagnostic, assessment, evaluation or treatment services for the abuse of alcohol or other drugs to a minor 12 years of age or over without obtaining the consent of or notifying the minor's parent or guardian. Unless consent of the minor's parent or guardian is required under
sub. (2), the physician or health care facility shall obtain the minor's consent prior to billing a 3rd party for services under this section. If the minor does not consent, the minor shall be solely responsible for paying for the services, which the department shall bill to the minor under
s. 46.03 (18) (b).
51.47(2)
(2) The physician or health care facility shall obtain the consent of the minor's parent or guardian:
51.47(2)(a)
(a) Before performing any surgical procedure on the minor, unless the procedure is essential to preserve the life or health of the minor and the consent of the minor's parent or guardian is not readily obtainable.
51.47(2)(b)
(b) Before administering any controlled substances to the minor, except to detoxify the minor under
par. (c).
51.47(2)(c)
(c) Before admitting the minor to an inpatient treatment facility, unless the admission is to detoxify the minor for ingestion of alcohol or other drugs.
51.47(2)(d)
(d) If the period of detoxification of the minor under
par. (c) extends beyond 72 hours after the minor's admission as a patient.
51.47(3)
(3) The physician or health care facility shall notify the minor's parent or guardian of any services rendered under this section as soon as practicable.
51.47(4)
(4) No physician or health care facility rendering services under
sub. (1) is liable solely because of the lack of consent or notification of the minor's parent or guardian.
51.47 History
History: 1979 c. 331;
1985 a. 281.
51.47 Annotation
Except for those services for which parental consent is necessary under (2), physician or health care facility may release outpatient or detoxification services information only with consent of minor patient, provided minor is twelve years of age or over.
77 Atty. Gen. 187.
51.59
51.59
Incompetency not implied. 51.59(1)
(1) No person is deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or motor vehicle operator's licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of his or her admission to a facility in accordance with this chapter or detention or commitment under this chapter.
51.59(2)
(2) This section does not authorize an individual who has been involuntarily committed or detained under this chapter to refuse treatment during such commitment or detention, except as provided under
s. 51.61 (1) (g) and
(h).
51.59 History
History: 1977 c. 428;
1987 a. 366.
51.61
51.61
Patients rights. 51.61(1)(1) In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or
ch. 55 or who is detained, committed or placed under this chapter or
ch. 55,
971,
975 or
980, or who is transferred to a treatment facility under
s. 51.35 (3) or
51.37 or who is receiving care or treatment for those conditions through the department or a county department under
s. 51.42 or
51.437 or in a private treatment facility. "Patient" does not include persons committed under
ch. 975 who are transferred to or residing in any state prison listed under
s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in
sub. (2), each patient shall:
51.61(1)(a)
(a) Upon admission or commitment be informed orally and in writing of his or her rights under this section. Copies of this section shall be posted conspicuously in each patient area, and shall be available to the patient's guardian and immediate family.
51.61(1)(b)1.1. Have the right to refuse to perform labor which is of financial benefit to the facility in which the patient is receiving treatment or service. Privileges or release from the facility may not be conditioned upon the performance of any labor which is regulated by this paragraph. Patients may voluntarily engage in therapeutic labor which is of financial benefit to the facility if such labor is compensated in accordance with a plan approved by the department and if:
51.61(1)(b)1.a.
a. The specific labor is an integrated part of the patient's treatment plan approved as a therapeutic activity by the professional staff member responsible for supervising the patient's treatment;
51.61(1)(b)1.b.
b. The labor is supervised by a staff member who is qualified to oversee the therapeutic aspects of the activity;
51.61(1)(b)1.c.
c. The patient has given his or her written informed consent to engage in such labor and has been informed that such consent may be withdrawn at any time; and
51.61(1)(b)1.d.
d. The labor involved is evaluated for its appropriateness by the staff of the facility at least once every 120 days.
51.61(1)(b)2.
2. Patients may also voluntarily engage in noncompensated therapeutic labor which is of financial benefit to the facility, if the conditions for engaging in compensated labor under this paragraph are met and if:
51.61(1)(b)2.a.
a. The facility has attempted to provide compensated labor as a first alternative and all resources for providing compensated labor have been exhausted;
51.61(1)(b)2.b.
b. Uncompensated therapeutic labor does not cause layoffs of staff hired by the facility to otherwise perform such labor; and
51.61(1)(b)2.c.
c. The patient is not required in any way to perform such labor. Tasks of a personal housekeeping nature are not to be considered compensable labor.
51.61(1)(b)3.
3. Payment to a patient performing labor under this section shall not be applied to costs of treatment without the informed, written consent of such patient. This paragraph does not apply to individuals serving a criminal sentence who are transferred from a state correctional institution under
s. 51.37 (5) to a treatment facility.
51.61(1)(c)
(c) Have an unrestricted right to send sealed mail and receive sealed mail to or from legal counsel, the courts, governmental officials, private physicians and licensed psychologists, and have reasonable access to letter writing materials including postage stamps. A patient shall also have a right to send sealed mail and receive sealed mail to or from other persons, subject to physical examination in the patient's presence if there is reason to believe that such communication contains contraband materials or objects which threaten the security of patients, prisoners or staff. Such reasons shall be written in the individual's treatment record. The officers and staff of a facility may not read any mail covered by this paragraph.
51.61(1)(d)
(d) Except in the case of a person who is committed for alcoholism, have the right to petition the court for review of the commitment order or for withdrawal of the order or release from commitment as provided in
s. 51.20 (16).
51.61(1)(e)
(e) Except in the case of a patient who is admitted or transferred under
s. 51.35 (3) or
51.37 or under
ch. 971 or
975, have the right to the least restrictive conditions necessary to achieve the purposes of admission, commitment or protective placement, under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.
51.61(1)(f)
(f) Have a right to receive prompt and adequate treatment, rehabilitation and educational services appropriate for his or her condition, under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.
51.61(1)(fm)
(fm) Have the right to be informed of his or her treatment and care and to participate in the planning of his or her treatment and care.
51.61(1)(g)
(g) Have the following rights, under the following procedures, to refuse medication and treatment:
51.61(1)(g)1.
1. Have the right to refuse all medication and treatment except as ordered by the court under
subd. 2., or in a situation in which the medication or treatment is necessary to prevent serious physical harm to the patient or to others. Medication and treatment during this period may be refused on religious grounds only as provided in
par. (h).
51.61(1)(g)2.
2. At or after the hearing to determine probable cause for commitment but prior to the final commitment order, other than for a subject individual who is alleged to meet the commitment standard under
s. 51.20 (1) (a) 2. e., the court shall, upon the motion of any interested person, and may, upon its own motion, hold a hearing to determine whether there is probable cause to believe that the individual is not competent to refuse medication or treatment and whether the medication or treatment will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for or participate in subsequent legal proceedings. If the court determines that there is probable cause to believe the allegations under this subdivision, the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. The order shall apply to the period between the date of the issuance of the order and the date of the final order under
s. 51.20 (13), unless the court dismisses the petition for commitment or specifies a shorter period. The hearing under this subdivision shall meet the requirements of
s. 51.20 (5), except for the right to a jury trial.
Effective date note
NOTE: Subd. 2. is repealed and recreated eff. 12-1-01 by
1995 Wis. Act 292 to read:
Effective date text
2. At or after the hearing to determine probable cause for commitment but prior to the final commitment order, the court shall, upon the motion of any interested person, and may, upon its own motion, hold a hearing to determine whether there is probable cause to believe that the individual is not competent to refuse medication or treatment and whether the medication or treatment will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for or participate in subsequent legal proceedings. If the court determines that there is probable cause to believe the allegations under this subdivision, the court shall issue an order permitting medication or treatment to be administered to the individual regardless of his or her consent. The order shall apply to the period between the date of the issuance of the order and the date of the final order under s. 51.20 (13), unless the court dismisses the petition for commitment or specifies a shorter period. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial.
51.61(1)(g)3.
3. Following a final commitment order, other than for a subject individual who is determined to meet the commitment standard under
s. 51.20 (1) (a) 2. e., have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under
s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of
s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under
s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.
Effective date note
NOTE: Subd. 3. is repealed and recreated eff. 12-1-01 by
1995 Wis. Act 292 to read:
Effective date text
3. Following a final commitment order, have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual's counsel, if any, the individual and the applicable counsel under s. 51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others. A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician. The hearing under this subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the subject individual, the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.
