Effective date note
NOTE: Par. (e) is repealed and recreated eff. 12-1-01 by
1995 Wis. Act 292 to read:
Effective date text
(e) The department may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.
51.35(3)(f)
(f) A copy of the patient's rights established in
s. 51.61 shall be given and explained to the minor and his or her parent or guardian at the time of admission by the director of the facility or such person's designee.
51.35(3)(g)
(g) A minor 14 years of age or older who is transferred to a treatment facility under
par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in
s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.
51.35(4)(a)(a) The county department under
s. 51.42 or
51.437 shall grant a discharge from an order of commitment when it determines that the patient no longer meets the standard for recommitment under
s. 51.20 (13) (g). The county department shall grant a discharge to a patient who is voluntarily admitted to an inpatient facility if the treatment director determines that treatment is no longer necessary or if the individual requests such discharge. Discharge or retention of a patient who is voluntarily admitted is subject to the procedures prescribed in
ss. 51.10 (5) and
51.13 (7).
51.35(4)(b)
(b) The department shall grant a discharge from commitment or from voluntary admission for patients committed or voluntarily admitted to a facility under control of the department. The standards applied by the department in granting a discharge shall be the same as those provided in
par. (a). The department may not discharge from a commitment an individual who has been committed to a county department under
s. 51.42 or
51.437 without first obtaining approval of that county department. The department may discharge a voluntarily admitted patient if the appropriate county department is notified. Transfers of patients may be made by the department in accordance with
sub. (1).
51.35(4)(c)
(c) The director of an inpatient facility may grant a discharge or may terminate services to any patient who is voluntarily admitted under
s. 51.10 or
51.13 when, on the advice of the treatment staff, such discharge or termination is in the best interests of the patient.
51.35(4)(d)
(d) The director of an inpatient facility may grant a discharge or may terminate services to any patient voluntarily admitted under
s. 51.10 or
51.13 when such patient requests a discharge. Such discharge shall conform to the requirements of
s. 51.10 (5) (c) or
51.13 (7).
51.35(4)(e)
(e) A discharge may be issued to a patient who participates in outpatient, aftercare, or follow-up treatment programs. The discharge may permit the patient to receive necessary medication, outpatient treatment, consultation and guidance from the issuing facility at the request of the patient. Such discharge is not subject to withdrawal by the issuing agency.
51.35(4)(f)
(f) Notice of discharge shall be filed with the committing court, if any, by the department or the board which granted the discharge. After such discharge, if it becomes necessary for the individual who is discharged to have further care and treatment, and such individual cannot be voluntarily admitted, a new commitment must be obtained, following the procedure for the original commitment.
51.35(4m)
(4m) Transfer or discharge of persons with chronic mental illness. The department or county department under
s. 51.42 or any person authorized to discharge or transfer patients under this section shall, prior to the discharge of a patient with chronic mental illness from an inpatient facility, or prior to the transfer of a patient with chronic mental illness from inpatient to outpatient status, with the patient's permission if the patient is a voluntary patient, do all of the following:
51.35(4m)(a)
(a) Refer the patient to the county department under
s. 51.42 which is responsible for the patient's care for referral to a community support program in the county to which the patient will be discharged or transferred for evaluation of the need for and feasibility of the provision of community-based services and of the need for and feasibility of the provision of aftercare services.
51.35(4m)(b)
(b) Assist the patient in applying for any public assistance for which he or she may qualify.
51.35(5)
(5) Residential living arrangements; transitionary services. The department and any person, director or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under
s. 16.352 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.
51.35(6)(a)(a) When the department has notice that any person other than a prisoner is entitled to receive care and treatment in a U.S. department of veterans affairs facility, the person may petition the department of health and family services for a transfer to such facility, and that department may procure admission to such facility in accordance with
s. 45.30.
51.35(6)(b)
(b) If an individual who is committed under
s. 51.37 is entitled to receive care and treatment in a U.S. department of veterans affairs facility, the person may petition the department of health and family services for a transfer to such facility. If the department declines to grant the request, it shall give the person a written reply, stating the reasons for its position. The decision of the department is subject to review by the court which passed sentence or ordered commitment of the person.
51.35(7)
(7) Guardianship and protective services. Prior to discharge from any state treatment facility, the department shall review the possible need of a developmentally disabled, aged infirm or person with other like incapacities for protective services or placement under
ch. 55 after discharge, including the necessity for appointment of a guardian or limited guardian. The department shall petition for limited or full guardianship, or for protective services or placement for the person if needed. When the department makes a petition for guardianship under this subsection, it shall not be appointed as guardian.
51.35(8)
(8) Home visits and leaves authorized. 51.35(8)(a)(a) The department or the county department under
s. 51.42 or
51.437 may grant to a patient or resident who is committed to it under this chapter, or who is admitted or transferred under this chapter to a facility under its supervision or operating under a contractual agreement with it, a home visit for up to 15 days, or a leave for employment or education purposes in which the patient or resident is not absent from the facility for more than 15 days.
51.35(8)(b)
(b) If a patient or resident who is detained under
s. 51.15, committed under
s. 51.20 or transferred under
sub. (3) does not return to the treatment facility by the time designated in the granting of the home visit or leave, the director of the treatment facility may request the sheriff of the county in which the individual is found to return the individual to the facility. The sheriff shall act in accordance with
s. 51.39.
51.35(8)(c)
(c) This subsection does not apply to persons transferred from a prison or jail under
s. 51.37 (5).
51.35(8)(d)
(d) A home visit or leave does not constitute a transfer under this chapter, and does not require a hearing under this section or
s. 51.61.
51.35 History
History: 1975 c. 430 ss.
18,
81;
1977 c. 26,
29,
428;
1979 c. 110 s.
60 (1);
1981 c. 74 s.
2;
1981 c. 314 s.
144;
1983 a. 27,
441,
474;
1985 a. 29,
176,
332;
1987 a. 366,
403;
1989 a. 31,
56,
107;
1991 a. 39;
1993 a. 451;
1995 a. 27 ss.
3258m,
3259m,
9126 (19);
1995 a. 77,
292;
1997 a. 35.
51.35 Note
NOTE: 1987 Wis. Act 366, which amended this section, contains notes by the Legislative Council following many of the statutes affected.
51.37
51.37
Criminal commitments; mental health institutes. 51.37(3)
(3) The Mendota and Winnebago mental health institutes may be used for the custody, care and treatment of persons committed or transferred thereto pursuant to this section and
chs. 971 and
975.
51.37(4)
(4) The department may, with the approval of the committing court and the county department under
s. 51.42 or
51.437, and subject to
s. 51.35, transfer to the care and custody of a county department under
s. 51.42 or
51.437 any person in an institution of the department committed under
s. 971.14 or
971.17, if in its opinion, the mental condition of the person is such that further care is required and can be properly provided under the direction of the county department under
s. 51.42 or
51.437.
51.37(5)(a)(a) When a licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as described in
s. 51.20 (1), or is an alcoholic and is dangerous as described in
s. 51.45 (13) (a) 1. and
2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health and family services consents. If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under
s. 51.20 (1) or
51.45 (13). Any time spent by a prisoner in an institution designated under
sub. (3) or s.
51.37 (2), 1983 stats., shall be included as part of the individual's sentence.
51.37(5)(b)
(b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in
s. 51.20 (1) (a) 2. a.,
b.,
c. or
d. of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under
s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in
s. 51.45 (13) (a) 1. and
2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to
s. 51.15 (4) or
(5) or
51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under
s. 51.20 (1) or
51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in
s. 51.15 or
51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.
Effective date note
NOTE: Par. (b) is repealed and recreated eff. 12-1-01 by
1995 Wis. Act 292 to read:
Effective date text
(b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. of physical harm to himself or herself or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.
51.37(5)(c)
(c) No state treatment facility may accept for admission an individual who is being transferred from a county jail under
par. (a) or
(b) without the approval of the county department under
s. 51.42 or
51.437 of the county in which the jail is located. No state treatment facility may retain such an individual beyond 72 hours without the approval of the county department under
s. 51.42 or
51.437 of the county where the transferred individual has legal residence.
51.37(6)
(6) After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under
s. 51.20 (1).
51.37(7)
(7) Section 51.20 (18) applies to witness fees, attorney fees and other court fees incurred under this section.
51.37(8)(a)(a) Rights to reexamination under
s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under
s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under
s. 302.11 or
302.113, whichever is applicable, in which case he or she shall be discharged.
51.37(8)(b)
(b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under
s. 302.11 or
302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under
sub. (5) (a). Thereupon, the proceeding shall be upon application made under
s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under
s. 51.42 or
51.437.
51.37(9)
(9) If in the judgment of the director of Mendota mental health institute, Winnebago mental health institute or the Milwaukee county mental health complex, any person who is committed under
s. 971.14 or
971.17 is not in such condition as warrants his or her return to the court but is in a condition to receive a conditional transfer or discharge under supervision, the director shall report to the department of health and family services, the committing court and the district attorney of the county in which the court is located his or her reasons for the judgment. If the court does not file objection to the conditional transfer or discharge within 60 days of the date of the report, the director may, with the approval of the department of health and family services, conditionally transfer any person to a legal guardian or other person, subject to the rules of the department of health and family services. Before a person is conditionally transferred or discharged under supervision under this subsection, the department of health and family services shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department of health and family services a written statement waiving the right to be notified. The department of health and family services may contract with the department of corrections for the supervision of persons who are transferred or discharged under this subsection.
51.37(10)(a)2.
2. "Extended home visit or leave" means a home visit or leave lasting 24 hours or longer.
51.37(10)(a)3.
3. "Member of the family" means spouse, child, sibling, parent or legal guardian.
51.37(10)(a)4.
4. "Victim" means a person against whom a crime has been committed.
51.37(10)(am)
(am) The director of a state treatment facility may grant to any patient admitted to the facility as a result of a commitment under
ch. 971 or
975, a home visit for up to 15 days, or a leave for employment or education purposes in which the patient is not absent from the facility for more than 15 days.
51.37(10)(b)
(b) Such a home visit or leave may be granted by the department at its discretion when it is believed to be in the best therapeutic interests of the patient and it is reasonably believed not to present a substantial risk of harm to the community.
51.37(10)(c)
(c) Any patient who is granted a home visit or leave under this subsection shall be restricted to the confines of this state unless otherwise specifically permitted. The patient may, in addition, be restricted to a particular geographic area. Other conditions appropriate to the person's treatment may also be imposed upon the home visit or leave.
51.37(10)(d)
(d) If such a patient does not return to the treatment facility by the time designated in the granting of the home visit or leave, or if the patient is believed to have violated other conditions of the home visit or leave, the director of the treatment facility may request the sheriff of the county in which the patient is found to return the patient to the facility. The sheriff shall act in accordance with
s. 51.39.
51.37(10)(dg)
(dg) If the department grants a patient an extended home visit or leave under this subsection, the department shall do all of the following in accordance with
par. (dm):
51.37(10)(dg)1.
1. Notify the office of the judge who committed the patient.
51.37(10)(dg)2.
2. Notify the office of the district attorney who participated in the commitment proceedings.
51.37(10)(dg)3.
3. Make a reasonable attempt to notify the victim of the crime committed by the patient or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under
par. (dx) requesting notification.
51.37(10)(dm)1.1. The notice under
par. (dg) shall inform the offices and person under
par. (dg) 1. to
3. of the patient's name and of the date the patient will begin the home visit or leave. The department shall provide notice under this paragraph for a patient's first extended home visit or leave and, upon request, for subsequent extended home visits or leaves.
51.37(10)(dm)2.
2. The department shall send the notice, postmarked at least 7 days before the patient begins the extended home visit or leave, to the last-known address of the offices and person under
par. (dg) 1. to
3.
51.37(10)(dm)3.
3. If the notice is for a first extended home visit or leave, the notice shall inform the offices and person under
par. (dg) 1. to
3. that notification of subsequent extended home visits or leaves will be provided only upon request.
51.37(10)(dx)
(dx) The department shall design and prepare cards for persons specified in
par. (dg) 3. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable patient and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
par. (dg) 3. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
51.37(10)(e)
(e) The director of the facility in which the patient under
par. (am) is detained or committed shall notify the appropriate correctional officers of the department of corrections of the intention to grant a home visit or leave under this subsection at least 20 days prior to the departure of the patient from the facility.
51.37(10)(f)
(f) This section does not apply to persons transferred from a prison or jail under
sub. (5).
51.37(10)(g)
(g) A home visit or leave does not constitute a transfer under this chapter and return to the facility does not necessitate a hearing under
s. 51.35 or
51.61.
51.37(11)
(11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation, extended supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.
51.37 History
History: 1975 c. 430;
1977 c. 418 ss.
360 to
362,
929 (55);
1977 c. 428 ss.
80,
81,
115;
1977 c. 447;
1977 c. 449 s.
497;
1979 c. 32,
117,
175,
221;
1983 a. 27,
359,
474;
1985 a. 29 ss.
1075 to
1077,
3200 (56),
3202 (23);
1985 a. 176;
1987 a. 307,
394;
1989 a. 31,
359;
1991 a. 39,
269;
1995 a. 27 s.
9126 (19);
1995 a. 292;
1997 a. 181,
283.
51.37 Annotation
Persons confined in central state hospital under ss. 51.20, 51.37, 971.14, 971.17 and 975.06 are being subjected to punishment within the meaning of the cruel and unusual punishment clause. Flakes v. Percy, 511 F Supp. 1325 (1981).
51.375
51.375
Honesty testing of sex offenders. 51.375(1)(a)
(a) "Community placement" means conditional transfer into the community under
s. 51.35 (1), conditional release under
s. 971.17, parole from a commitment for specialized treatment under
ch. 975 or conditional release under
ch. 980.
51.375(1)(d)
(d) "Sex offender" means a person committed to the department who meets any of the criteria specified in
s. 301.45 (1).
51.375(2)
(2) The department may require, as a condition of a community placement, that a sex offender submit to a lie detector test when directed to do so by the department.
51.375(3)
(3) The department shall promulgate rules establishing a lie detector test program for sex offenders who are in a community placement. The rules shall provide for assessment of fees upon persons committed to the department to partially offset the costs of the program.
51.375 History
History: 1995 a. 440.
51.38
51.38
Nonresident patients on unauthorized absence. The circuit court may order the detention of any nonresident individual who is on unauthorized absence from any institution of another state for the treatment of mental illness, developmental disabilities, alcoholism or drug abuse. Detention shall be for the period necessary to complete the deportation of that individual.
51.39
51.39
Resident patients on unauthorized absence. If any patient who is admitted under
s. 51.13,
51.15,
51.20,
51.45 (11) (b),
(12) or
(13) or
55.06 or
ch. 971,
975 or
980 or transferred under
s. 51.35 (3) or
51.37 is on unauthorized absence from a treatment facility, the sheriff or any other law enforcement agency in the county in which the patient is found or in which it is believed the patient may be present, upon the request of the director, shall take charge of and return the patient to the facility. The costs incident to the return shall be paid out of the facility's operating funds and be charged back to the patient's county of residence.
51.40
51.40
Residence of developmentally disabled or chronically mentally ill adults. 51.40(1)
(1)
Definitions. In this section:
51.40(1)(a)
(a) "Agency of a county department" means a public or private organization with which a county department contracts for provision of services under
ch. 46,
51 or
55.
51.40(1)(b)
(b) "Arrange or make placement" means perform any action beyond providing basic information concerning the availability of services, facilities or programs in a county to an individual or the individual's family.
51.40(1)(c)
(c) "Capable of indicating intent" means able to express by words or other means an informed choice of a place to live.
51.40(1)(e)
(e) "County of responsibility" means the county responsible for funding the provision of services under
ch. 46 or
55 to an individual.
51.40(1)(f)
(f) "Guardian" means a guardian of the person appointed by a court under
ch. 880.
51.40(1)(g)
(g) "Incapable of indicating intent" means one of the following:
