51.45(12)(a)
(a) An intoxicated person who has threatened, attempted or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or a person who is incapacitated by alcohol or another drug, may be committed to the county department and brought to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
51.45(12)(b)
(b) The physician, spouse, guardian, or a relative of the person sought to be committed, or any other responsible person, may petition a circuit court commissioner or the circuit court of the county in which the person sought to be committed resides or is present for commitment under this subsection. The petition shall state facts to support the need for emergency treatment and be supported by one or more affidavits that aver with particularity the factual basis for the allegations contained in the petition.
51.45(12)(c)
(c) Upon receipt of a petition under par.
(b), the circuit court commissioner or court shall:
51.45(12)(c)1.
1. Determine whether the petition and supporting affidavits sustain the grounds for commitment and dismiss the petition if the grounds for commitment are not sustained thereby. If the grounds for commitment are sustained by the petition and supporting affidavits, the court or circuit court commissioner shall issue an order temporarily committing the person to the custody of the county department pending the outcome of the preliminary hearing under sub.
(13) (d).
51.45(12)(c)2.
2. Assure that the person sought to be committed is represented by counsel by referring the person to the state public defender, who shall appoint counsel for the person without a determination of indigency, as provided in s.
51.60.
51.45(12)(c)3.
3. Issue an order directing the sheriff or other law enforcement agency to take the person into protective custody and bring him or her to an approved public treatment facility designated by the county department, if the person is not detained under sub.
(11).
51.45(12)(c)4.
4. Set a time for a preliminary hearing under sub.
(13) (d), such hearing to be held not later than 48 hours after receipt of a petition under par.
(b), exclusive of Saturdays, Sundays and legal holidays. If at such time the person is unable to assist in the defense because he or she is incapacitated by alcohol or another drug, 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(12)(d)
(d) 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 sub.
(13) (d), 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 patient's immediate family if they can be located and may be deferred until the patient's incapacitated condition, if any, has subsided to the point where the patient 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 patient may be questioned to determine immediate medical needs. The patient 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 par.
(e).
51.45(12)(e)
(e) When on the advice of the treatment staff the superintendent of the facility having custody of the patient determines that the grounds for commitment no longer exist, he or she shall discharge a person committed under this subsection. No person committed under this subsection shall be detained in any treatment facility beyond the time set for a preliminary hearing under par.
(c) 4. If a petition for involuntary commitment under sub.
(13) has been filed and a finding of probable cause for believing the patient is in need of commitment has been made under sub.
(13) (d), the person may be detained until the petition has been heard and determined.
51.45(12)(f)
(f) A copy of the written application for commitment and all supporting affidavits shall be given to the patient at the time notice of rights is given under par.
(d) by the superintendent, who shall provide a reasonable opportunity for the patient to consult counsel.
51.45(13)(a)
(a) A person may be committed to the custody of the county department by the circuit court upon the petition of 3 adults, at least one of whom has personal knowledge of the conduct and condition of the person sought to be committed. A refusal to undergo treatment shall not constitute evidence of lack of judgment as to the need for treatment. The petition for commitment shall do all of the following:
51.45(13)(a)1.
1. Allege that the condition of the person is such that he or she habitually lacks self-control as to the use of alcohol beverages or other drugs, and uses such beverages or drugs to the extent that health is substantially impaired or endangered and social or economic functioning is substantially disrupted.
51.45(13)(a)2.
2. Allege that such condition of the person is evidenced by a pattern of conduct which is dangerous to the person or to others.
51.45(13)(a)3.
3. State that the person is a child or state facts sufficient for a determination of indigency of the person.
51.45(13)(a)4.
4. Be supported by the affidavit of each petitioner who has personal knowledge which avers with particularity the factual basis for the allegations contained in the petition.
51.45(13)(a)5.
5. Contain a statement of each petitioner who does not have personal knowledge which provides the basis for his or her belief.
51.45(13)(b)
(b) Upon receipt of a petition under par.
(a), the court shall:
51.45(13)(b)1.
1. Determine whether the petition and supporting affidavits meet the requirements of par.
(a) and dismiss the petition if the requirements of par.
(a) are not met thereby. If the person has not been temporarily committed under sub.
(12) (c) and the petition and supporting affidavits meet the requirements of par.
(a), the court may issue an order temporarily committing the person to the custody of the county department pending the outcome of the preliminary hearing under par.
(d).
51.45(13)(b)2.
2. Assure that the person is represented by counsel by referring the person to the state public defender, who shall appoint counsel for the person without a determination of indigency, as provided in s.
51.60. The person shall be represented by counsel at the preliminary hearing under par.
(d). The person may, with the approval of the court, waive his or her right to representation by counsel at the full hearing under par.
(f).
51.45(13)(b)3.
3. If the court orders temporary commitment, issue an order directing the sheriff or other law enforcement agency to take the person into protective custody and to bring the person to an approved public treatment facility designated by the county department, if the person is not detained under sub.
(11) or
(12).
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 or another drug, 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 legal guardian if the person is adjudicated incompetent, the person's counsel, corporation counsel in the county in which the petition is filed, 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 court shall assure that the person is represented by counsel at the preliminary hearing by referring the person to the state public defender, who shall appoint counsel for the person without a determination of indigency, as provided in s.
51.60. 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 in person or by videoconference under s.
51.20 (5) (c) 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 circuit court commissioner of such court who is designated by the chief judge to so act, in all matters prior to a final hearing under this subsection.