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 a 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 (1g).
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;
1999 a. 89.
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:
51.40(1)(g)1.
1. The status of an individual who has had a guardian appointed under
ch. 880, unless the court made a specific finding under
s. 880.33 (3) that the individual is competent to make an informed choice of a place to live.
51.40(1)(g)2.
2. The status of an individual for whom there is substantial evidence, based on documentation from a licensed physician or psychologist who has personally examined the individual and who has expertise concerning the type of mental disability evidenced by the individual, that the individual is incapable of indicating intent.
51.40(1)(h)
(h) "Nursing home" has the meaning specified under
s. 50.01 (3), except that "nursing home" does not include a facility that is operated directly by the department.
51.40(1)(j)
(j) "State facility" means a state mental health institute, center for the developmentally disabled, prison as specified in
s. 302.01 or a facility that is operated directly by the department of health and family services or the department of corrections.
51.40(2)
(2) Determination of residence. For purposes of determining responsibility for funding the provision of services under
chs. 46,
51 and
55, the county of residence of individuals aged 18 or older with developmental disability or chronic mental illness in state facilities or nursing homes shall be determined as follows:
51.40(2)(a)1.1. `Commitment or protection placement.' If an individual is under a court order of commitment under this chapter or protective placement under
s. 55.06, the individual remains a resident of the county in which he or she has residence at the time the commitment or protective placement is made. If the court makes no specific finding of a county of residence, the individual is a resident of the county in which the court is located.
51.40(2)(a)2.
2. `Placement by a county.' Except for the provision of emergency services under
s. 51.15,
51.42 (1) (b),
51.437 (4) (c),
51.45 (11) and
(12) or
55.06 (11), if a county department or an agency of a county department arranges or makes placement of the individual into a state facility or nursing home, the individual is a resident of the county of that county department. Any agency of the county department is deemed to be acting on behalf of the county department in arranging or making placement.
51.40(2)(b)
(b)
Other admissions. If
par. (a) does not apply, one of the following shall apply:
51.40(2)(b)1.
1. `Individuals in state facilities.' An individual who is in a state facility is a resident of the county in which he or she was a resident at the time the admission to the state facility was made. This subdivision may not be applied to change residence from a county, other than the county in which the facility is located, which has accepted responsibility for or provided services to the individual prior to August 1, 1987.
51.40(2)(b)2.
2. `Individuals in nursing homes.' An individual in a nursing home who was admitted to the nursing home on or after August 1, 1987, is a resident of the county which approved the admission under
s. 50.04 (2r). An individual in a nursing home on August 1, 1987, is presumed to be a resident of the county in which the individual is physically present unless another county accepts the individual as a resident. The presumption of residence may be overcome by substantial evidence which clearly establishes residence in another county in one of the following ways:
51.40(2)(b)2.a.
a. The individual had an established residence in another county prior to entering the nursing home; the individual or the individual's guardian, if any, indicates an intent that the individual will return to that county when the purpose of entering the nursing home has been accomplished or when needed care and services can be obtained in the other county; and the individual, when capable of indicating intent, or a guardian for the individual, has made no clearly documented expression to a court or county department of an intent to establish residence elsewhere since leaving that county.
51.40(2)(b)2.b.
b. The individual is incapable of indicating intent as determined by the county department, has no guardian, ordinarily resides in another county, and is expected to return to that county within one year.
51.40(2)(b)2.c.
c. Another county has accepted responsibility for or provided services to the individual prior to August 1, 1987.
51.40(2)(b)2.d.
d. The individual is incapable of indicating intent; the individual was living in another county outside of a nursing home or state facility on December 1, 1982, or under circumstances which established residence in that county after December 1, 1982; and that county was the last county in which the individual had residence while living outside of a nursing home or state facility.
51.40(2)(f)
(f)
Exception; county of guardian's residence. Notwithstanding
pars. (a) and
(b), an individual in a nursing home or state facility who is incapable of indicating intent and whose parent or sibling serves as his or her guardian is a resident of the guardian's county of residence if the state facility or nursing home is located in that county or if the guardian states in writing that the individual is expected to return to the guardian's county of residence when the purpose of entering the state facility or nursing home has been accomplished or when needed care and services can be obtained in that county.
51.40(2)(g)
(g)
Determination of county of responsibility. 51.40(2)(g)1.1. An individual, an interested person on behalf of the individual, or any county may request that the department make a determination of the county of responsibility of the individual. Within 10 days after receiving the request, the department shall provide written notice to the individual, to the individual's guardian, if any, and to all potentially responsible counties that a determination of county of responsibility shall be made and that written information and comments may be submitted within 30 days after the date on which the notice is sent.
51.40(2)(g)2.
2. The department shall review information submitted under
subd. 1. and make such investigation as it deems proper. Within 30 days after the end of the period for submitting information, the department shall make a decision as to residence, and send a copy of the decision to the individual and to all involved counties. The decision may be appealed under
s. 227.44 by the individual or the county determined to be responsible.
51.40(2)(g)3.
3. Pending a determination under
subd. 2., a county department which has been providing services to the individual shall continue to provide services if necessary to meet the individual's needs. If no county department is currently providing services, the county in which the client is physically present shall provide necessary services pending the determination.
51.40(2)(g)4.
4. A determination under
subd. 2. may provide for a period of transitional services to assure continuity of services by specifying a date until which the county department which has been providing services shall continue to do so.
51.40(2)(g)5.
5. The decision of the department under
subd. 2. is binding on the individual and on any county which received notice of the proceeding. Except as provided in the determination, the county determined to be the county of responsibility shall act as the county of responsibility immediately after receiving notice of the determination, and during the pendency of any appeal of the determination that is brought under
ch. 227.
51.40 Annotation
The residence of an adult protectively placed as a minor is discussed. Waukesha County v. B.D.
163 Wis. 2d 779,
472 Wis. 2d 563 (Ct. App. 1991).
51.40 Annotation
A community-based residential facility is neither a nursing home nor a state facility. Sub. (2) is limited to individuals living in nursing homes or state facilities. Juneau County v. Sauk County,
217 Wis. 2d 705,
580 N.W.2d 694 (Ct. App. 1998).
51.42
51.42
Community mental health, developmental disabilities, alcoholism and drug abuse services. 51.42(1)(a)(a)
Purpose and intent. All of the following are the purposes and intent of this section:
51.42(1)(a)1.
1. To enable and encourage counties to develop a comprehensive range of services offering continuity of care.
51.42(1)(a)2.
2. To utilize and expand existing governmental, voluntary and private community resources for provision of services to prevent or ameliorate mental disabilities, including but not limited to mental illness, developmental disabilities, alcoholism and drug abuse.
51.42(1)(a)3.
3. To provide for the integration of administration of those services and facilities organized under this section through the establishment of a county department of community programs.
51.42(1)(a)4.
4. To authorize state consultative services, reviews and establishment of standards and grants-in-aid for such program of services and facilities.
51.42(1)(b)
(b)
County liability. The county board of supervisors has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. This primary responsibility is limited to the 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. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of
s. 51.15,
51.45 (11) (a) or
(b) or
(12),
55.05 (4) or
55.06 (11) (a) for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under
s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health and family services for the actual cost of all care and services from the appropriation under
s. 20.435 (7) (da), as provided in
s. 51.22 (3).
51.42(2)
(2) Definition. In this section, "program" means community services and facilities for the prevention or amelioration of mental disabilities, including but not limited to mental illness, developmental disabilities, alcoholism and drug abuse.
51.42(3)
(3) County department of community programs. 51.42(3)(a)(a)
Creation. Except as provided under
s. 46.23 (3) (b), the county board of supervisors of any county, or the county boards of supervisors of 2 or more contiguous counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under
s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.
51.42(3)(ar)
(ar)
Duties. A county department of community programs shall do all of the following:
51.42(3)(ar)1.
1. Enter into contracts to render services to or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding
ss. 59.42 (1) and
(2) (b) and
978.05, any multicounty department of community programs may contract for professional legal services that are necessary to carry out the duties of the multicounty department of community programs if the corporation counsel of each county of the multicounty department of community programs has notified the multicounty department of community programs that he or she is unable to provide those services in a timely manner.
51.42(3)(ar)2.
2. Enter into contracts for the use of any facility as an approved public treatment facility under
s. 51.45 for the treatment of alcoholics if the county department of community programs deems it to be an effective and economical course to follow.
51.42(3)(ar)3.
3. Plan for and establish a community developmental disabilities program to deliver the services required under
s. 51.437 if, under
s. 51.437 (4g) (b), the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs transfer the powers and duties of the county department under
s. 51.437 to the county department of community programs. The county board of supervisors in a county with a single-county department of community programs and the county boards of supervisors in counties with a multicounty department of community programs may designate the county department of community programs to which these powers and duties have been transferred as the administrative agency of the long-term support community options program under
s. 46.27 (3) (b) 1. and
5. and the community integration programs under
ss. 46.275,
46.277 and
46.278.
51.42(3)(ar)4.
4. Within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the program needs of persons suffering from mental disabilities, including mental illness, developmental disabilities, alcoholism or drug abuse, by offering the following services:
51.42(3)(ar)4.a.
a. Collaborative and cooperative services with public health and other groups for programs of prevention.
51.42(3)(ar)4.c.
c. Inpatient and outpatient care and treatment, residential facilities, partial hospitalization, emergency care and supportive transitional services.
51.42(3)(ar)4.d.
d. Related research and staff in-service training, including periodic training on emergency detention procedures under
s. 51.15 and emergency protective placement procedures under
s. 55.06 (11), for individuals within the jurisdiction of the county department of community programs who are authorized to take persons into custody under
ss. 51.15 and
55.06 (11). In developing in-service training on emergency detention and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under
s. 51.437 in counties where these departments are separate.
51.42(3)(ar)4.e.
e. Continuous planning, development and evaluation of programs and services for all population groups.
