51.20(13)(ct)3.a.
a. The ages, at the time of the violation, of the subject individual and the victim of the violation.
51.20(13)(ct)3.b.
b. The relationship between the subject individual and the victim of the violation.
51.20(13)(ct)3.d.
d. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
51.20(13)(ct)3.e.
e. The probability that the subject individual will commit other violations in the future.
51.20(13)(ct)3.g.
g. Any other factor that the court determines may be relevant to the particular case.
51.20(13)(ct)4.
4. If the court orders a subject individual to comply with the reporting requirements under
s. 301.45, the court may order the subject individual to continue to comply with the reporting requirements until his or her death.
51.20(13)(ct)5.
5. If the court orders a subject individual to comply with the reporting requirements under
s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding under
s. 938.30 (5) (c) (intro.) on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.
51.20(13)(cv)1.1. If the court makes the disposition under
par. (a) 3.,
4.,
4m., or
5., the court shall order the individual not to possess a firearm, order the seizure of any firearm owned by the individual, and inform the individual of the requirements and penalties under
s. 941.29 if the court determines that the individual is prohibited, under
18 USC 922 (g) (4), from possessing a firearm.
51.20(13)(cv)1m.a.a. If a court orders an individual under
subd. 1., or ordered an individual under s.
51.20 (13) (cv) 1., 2007 stats., not to possess a firearm, the individual may petition that court or the court in the county where the individual resides to cancel the order.
51.20(13)(cv)1m.b.
b. The court considering the petition under
subd. 1m. a. shall grant the petition if the court determines that the circumstances regarding the disposition under
par. (a) 3.,
4.,
4m., or
5. and the individual's record and reputation indicate that the individual is not likely to act in a manner dangerous to public safety and that the granting of the petition would not be contrary to public interest.
51.20(13)(cv)3.
3. In lieu of ordering the seizure under
subd. 1., the court may designate a person to store the firearm until the order has been canceled under
subd. 1m. c.
51.20(13)(cv)4.
4. If the court orders a subject individual not to possess a firearm under
subd. 1. or cancels under
subd. 1m. c. an order issued under
subd. 1. or under s.
51.20 (13) (cv) 1., 2007 stats., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate firearms restrictions record search under
s. 175.35 (2g) (c), a background check under
s. 175.60 (9g) (a), or an accurate response under
s. 165.63. No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only to respond to a request under
s. 165.63, as part of a firearms restrictions record search under
s. 175.35 (2g) (c), under rules the department of justice promulgates under
s. 175.35 (2g) (d), or as part of a background check under
s. 175.60 (9g) (a).
51.20(13)(dm)
(dm) If the court finds that the dangerousness of the subject individual is likely to be controlled with appropriate medication administered on an outpatient basis, the court may direct in its order of commitment that the county department under
s. 51.42 or
51.437 or the department may, after a facility evaluates the subject individual and develops an appropriate treatment plan, release the individual on a conditional transfer in accordance with
s. 51.35 (1), with one of the conditions being that the individual shall take medication as prescribed by a physician, subject to the individual's right to refuse medication under
s. 51.61 (1) (g) and
(h), and that the individual shall report to a particular treatment facility on an outpatient basis for evaluation as often as required by the director of the facility or the director's designee. A finding by the court that the allegations under
sub. (1) (a) 2. e. are proven constitutes a finding that the individual is not competent to refuse medication or treatment. The court order may direct that, if the director or his or her designee determines that the individual has failed to take the medication as prescribed or has failed to report for evaluation as directed, the director or designee may request that the individual be taken into custody by a law enforcement agency in accordance with
s. 51.39, and that medication, as prescribed by the physician, may be administered voluntarily or against the will of the individual under
s. 51.61 (1) (g) and
(h). A court order under this paragraph is effective only as long as the commitment is in effect in accordance with
par. (h) and
s. 51.35 (4).
51.20(13)(e)
(e) The petitioner has the burden of proving all required facts by clear and convincing evidence.
51.20(13)(f)
(f) The county department under
s. 51.42 or
51.437 that receives an individual who is committed by a court under
par. (a) 3. is authorized to place the individual in an approved treatment facility, subject to any limitations which are specified by the court under
par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility that is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department has ongoing responsibility to review the individual's needs, in accordance with
sub. (17), and to transfer the person to the least restrictive program consistent with the individual's needs. Placement or transfer under this paragraph is subject to
s. 51.06 (3).
51.20(13)(g)1.1. The first order of commitment of a subject individual under this section may be for a period not to exceed 6 months, and all subsequent consecutive orders of commitment of the individual may be for a period not to exceed one year.
51.20(13)(g)2d.a.a. Except as provided in
subd. 2d. b., after the 30th day after an order of commitment under
par. (a) 3. to
5. following proof of the allegations under
sub. (1) (a) 2. e., the subject individual may, under the order, be treated only on an outpatient basis.
51.20(13)(g)2d.b.
b. If a subject individual who is committed under
par. (a) 3. to
5., following proof of the allegations under
sub. (1) (a) 2. e., and who is being treated on an outpatient basis violates a condition of treatment that is established by the court or a county department under
s. 51.42, the county department or the department may transfer the subject individual under
s. 51.35 (1) (e) to an inpatient facility or to an inpatient treatment program of a treatment facility for a period not to exceed 30 days.
51.20(13)(g)2r.
2r. Twenty-one days prior to expiration of the period of commitment under
subd. 1., the department, if the individual is committed to the department, or the county department to which an individual is committed shall file an evaluation of the individual and the recommendation of the department or county department regarding the individual's recommitment with the committing court and provide a copy of the evaluation and recommendation to the individual's counsel and the counsel designated under
sub. (4). If the date for filing an evaluation and recommendation under this subdivision falls on a Saturday, Sunday or legal holiday, the date which is not a Saturday, Sunday or legal holiday and which most closely precedes the evaluation and recommendation filing date shall be the filing date. A failure of the department or the county department to which an individual is committed to file an evaluation and recommendation under this subdivision does not affect the jurisdiction of the court over a petition for recommitment.
51.20(13)(g)3.
3. The county department under
s. 51.42 or
51.437 to whom the individual is committed under
par. (a) 3. may discharge the individual at any time, and shall place a committed individual in accordance with
par. (f). Upon application for extension of a commitment by the department or the county department having custody of the subject, the court shall proceed under
subs. (10) to
(13). If the court determines that the individual is a proper subject for commitment as prescribed in
sub. (1) (a) 1. and evidences the conditions under
sub. (1) (a) 2. or
(am) or is a proper subject for commitment as prescribed in
sub. (1) (ar), it shall order judgment to that effect and continue the commitment. The burden of proof is upon the county department or other person seeking commitment to establish evidence that the subject individual is in need of continued commitment.
51.20(13)(h)
(h) Any disposition of a minor under this subsection may extend beyond the age of majority of the individual, if the disposition is otherwise made in accordance with this section.
51.20(14)
(14) Transportation; expenses. The sheriff or any law enforcement officer shall transport an individual who is the subject of a petition and execute the commitment, or any competent relative, friend or member of the staff of a treatment facility may assume responsibility for the individual and transport him or her to the inpatient facility. The director of the county department under
s. 51.42 or
51.437 may request the sheriff to provide transportation for a subject individual or may arrange any other method of transportation which is feasible. The county department may provide reimbursement for the transportation costs from its budgeted operating funds.