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Last updated December 2003
Chapter 51 – State Alcohol,
Drug Abuse, Developmental Disabilities and Mental Health Act
51.001 Legislative policy.
(1) It is the policy of the state to
assure the provision of a full range of treatment and rehabilitation services
in the state for all mental disorders and developmental disabilities and for
mental illness, alcoholism and other drug abuse. There shall be a unified
system of prevention of such conditions and provision of services which will
assure all people in need of care access to the least restrictive treatment
alternative appropriate to their needs, and movement through all treatment
components to assure continuity of care, within the limits of available state
and federal funds and of county funds required to be appropriated to match
state funds.
(2) To protect personal liberties, no
person who can be treated adequately outside of a hospital, institution or
other inpatient facility may be involuntarily treated in such a facility.
51.01 Definitions. As used in this chapter, except where
otherwise expressly provided:
(1) "Alcoholic" means a
person who is suffering from alcoholism.
(1m) "Alcoholism" is a disease
which is characterized by the dependency of a person on the drug alcohol, to
the extent that the person's health is substantially impaired or endangered or
his or her social or economic functioning is substantially disrupted.
(2) "Approved treatment
facility" means any publicly or privately operated treatment facility or
unit thereof approved by the department for treatment of alcoholic, drug
dependent, mentally ill or developmentally disabled persons.
(2g)
(a) "Brain injury" means any injury to the
brain, regardless of age at onset, whether mechanical or infectious in origin,
including brain trauma, brain damage and traumatic head injury, the results of
which are expected to continue indefinitely, which constitutes a substantial
handicap to the individual, and which directly results in any 2 or more of the
following:
1. Attention impairment.
2. Cognition impairment.
3. Language impairment.
4. Memory impairment.
5. Conduct disorder.
6. Motor disorder.
7. Any other neurological dysfunction.
(am) "Brain injury" includes any injury to
the brain under par.
(a) that is vascular in origin if received by a person prior to his or her
attaining the age of 22 years.
(b) "Brain injury" does not include
alcoholism, Alzheimer's disease as specified under s.
46.87 (1) (a) or the infirmities of aging as specified under s.
55.01 (3).
(3) "Center for the
developmentally disabled" means any facility which is operated by the
department and which provides services including, but not limited to, 24-hour
treatment, consultation, training and education for developmentally disabled
persons.
(3g) "Chronic mental illness" means a mental illness which is
severe in degree and persistent in duration, which causes a substantially
diminished level of functioning in the primary aspects of daily living and an
inability to cope with the ordinary demands of life, which may lead to an
inability to maintain stable adjustment and independent functioning without
long-term treatment and support and which may be of lifelong duration.
"Chronic mental illness" includes schizophrenia as well as a wide
spectrum of psychotic and other severely disabling psychiatric diagnostic
categories, but does not include infirmities of aging or a primary diagnosis of
mental retardation or of alcohol or drug dependence.
(3n) "Community mental health
program" means a program to provide community-based outpatient mental
health services that is operated by or under contract with a county department
of community programs or that requests payment for the services under the
medical assistance program or under benefits required under s.
632.89 (2).
(3s) "Community support program"
means a coordinated care and treatment system which provides a network of
services through an identified treatment program and staff to ensure ongoing
therapeutic involvement and individualized treatment in the community for
persons with chronic mental illness.
(4) "Conditional transfer"
means a transfer of a patient or resident to a less restrictive environment for
treatment which is made subject to conditions imposed for the benefit of the
patient or resident.
(a) "Developmental disability" means a
disability attributable to brain injury, cerebral palsy, epilepsy, autism,
Prader-Willi syndrome, mental retardation, or another neurological condition
closely related to mental retardation or requiring treatment similar to that
required for mental retardation, which has continued or can be expected to
continue indefinitely and constitutes a substantial handicap to the afflicted
individual. "Developmental disability" does not include
senility which is primarily caused by the process of aging or the infirmities
of aging.
(b) "Developmental disability", for purposes
of involuntary commitment, does not include cerebral palsy or epilepsy.
(6) "Director" means the
person in charge of a state treatment facility, state or local treatment
center, or approved private facility.
(7) "Discharge" of a patient
who is under involuntary commitment orders means a termination of custody and
treatment obligations of the patient to the authority to which the patient was
committed by court action. The "discharge" of a patient who is
voluntarily admitted to a treatment program or facility means a termination of
treatment obligations between the patient and the treatment program or
facility.
(8) "Drug dependent" means a
person who uses one or more drugs to the extent that the person's health is
substantially impaired or his or her social or economic functioning is
substantially disrupted.
(9) "Hospital" has the
meaning given under s.
50.33.
(10)
"Inpatient facility" means a public or private hospital or unit of a
hospital which has as its primary purpose the diagnosis, treatment and
rehabilitation of mental illness, developmental disability, alcoholism or drug
abuse and which provides 24-hour care.
(11) "Law
enforcement officer" means any person who by virtue of the person's office
or public employment is vested by law with the duty to maintain public order or
to make arrests for crimes while acting within the scope of the person's
authority.
(12)
"Mental health institute" means any institution operated by the
department for specialized psychiatric services, research, education, and which
is responsible for consultation with community programs for education and
quality of care.
(13)
(a)
"Mental illness" means mental disease to such extent that a person so
afflicted requires care and treatment for his or her own welfare, or the
welfare of others, or of the community.
(b)
"Mental illness", for purposes of involuntary commitment, means a substantial
disorder of thought, mood, perception, orientation, or memory which grossly
impairs judgment, behavior, capacity to recognize reality, or ability to meet
the ordinary demands of life, but does not include alcoholism.
(14)
"Residence", "legal residency" or "county of
residence" has the meaning given under s.
49.001 (6).
(14k)
"Secured child caring institution" has the meaning given in s.
938.02 (15g).
(14m)
"Secured correctional facility" has the meaning given in s.
938.02 (15m).
(14p)
"Secured group home" has the meaning given in s.
938.02 (15p).
(15)
"State treatment facility" means any of the institutions operated by
the department for the purpose of providing diagnosis, care or treatment for
mental or emotional disturbance, developmental disability, alcoholism or drug
dependency and includes but is not limited to mental health institutes.
(16)
"Transfer" means the movement of a patient or resident between
approved treatment facilities or to or from an approved treatment facility and
the community.
(17)
"Treatment" means those psychological, educational, social, chemical,
medical or somatic techniques designed to bring about rehabilitation of a
mentally ill, alcoholic, drug dependent or developmentally disabled person.
(18)
"Treatment director" means the person who has primary responsibility
for the treatment provided by a treatment facility. The term includes the
medical director of a facility.
(19)
"Treatment facility" means any publicly or privately operated
facility or unit thereof providing treatment of alcoholic, drug dependent,
mentally ill or developmentally disabled persons, including but not limited to
inpatient and outpatient treatment programs, community support programs and
rehabilitation programs.
51.02 Council on mental health.
(1) The
council on mental health shall have the following duties:
(a)
Advise the department, the legislature and the governor on the use of state and
federal resources and on the provision and administration of programs for
persons who are mentally ill or who have other mental health problems, for
groups who are not adequately served by the mental health system, for the
prevention of mental health problems and for other mental health related
purposes.
(b) Provide
recommendations to the department on the expenditure of federal funds received
under the community mental health block grant under 42 USC 300x to 300x-9 and
participate in the development of and monitor and evaluate the implementation
of, the community mental health block grant plan.
(c) Review
all departmental plans for services affecting persons with mental illness and
monitor the implementation of the plans.
(d) Serve
as an advocate for persons with mental illness.
(f) Consult
with the department in the development of a model community mental health plan
under s.
51.42 (7) (a) 9., and review and advise the department on community mental
health plans submitted by counties under s.
51.42 (3) (ar) 5.
(g) Promote
the development and administration of a delivery system for community mental
health services that is sensitive to the needs of consumers of the services.
(h) Review
and comment on the human services and community programs board member training
curriculum developed by the department under s.
51.42 (7) (a) 3m.
(2) The
secretary shall submit all departmental plans affecting persons with mental
illness to the council for its review. The council shall provide its
recommendations to the secretary within such time as the secretary may require.
51.03 Department; powers and duties.
(a)
"Early intervention" means action to hinder or alter a person's
mental disorder or abuse of alcohol or other drugs in order to reduce the
duration of early symptoms or to reduce the duration or severity of mental
illness or alcohol or other drug abuse that may result.
(b)
"Individualized service planning" means a process under which a
person with mental illness or who abuses alcohol or other drugs and, if a
child, his or her family, receives information, education and skills to enable
the person to participate mutually and creatively with his or her mental health
or alcohol or other drug abuse service provider in identifying his or her
personal goals and developing his or her assessment, crisis protocol, treatment
and treatment plan. "Individualized service planning" is
tailored to the person and is based on his or her strengths, abilities and
needs.
(c)
"Prevention" means action to reduce the instance, delay the onset or
lessen the severity of mental disorder, before the disorders may progress to
mental illness, by reducing risk factors for, enhancing protections against and
promptly treating early warning signs of mental disorder.
(d)
"Recovery" means the process of a person's growth and improvement,
despite a history of mental illness or alcohol or other drug abuse, in
attitudes, feelings, values, goals, skills and behavior and is measured by a
decrease in dysfunctional symptoms and an increase in maintaining the person's
highest level of health, wellness, stability, self-determination and
self-sufficiency.
(e)
"Stigma" means disqualification from social acceptance, derogation,
marginalization and ostracism encountered by persons with mental illness or
persons who abuse alcohol or other drugs as the result of societal negative
attitudes, feelings, perceptions, representations and acts of discrimination.
(1r) The
department through its authorized agents may visit or investigate any treatment
facility to which persons are admitted or committed under this chapter.
(2) No
later than 14 days after the date of a death reported under s.
51.64 (2) (a), the department shall investigate the death.
(3)
(a)
Beginning on September 1, 1996, the department shall collect and analyze
information in this state on each of the following:
1.
The number of commitments initiated under s.
51.15 or 51.20
(1).
2. The
number of commitments ordered under s.
51.20 (13).
3. The
number of, cost of and paying sources for days of inpatient mental health
treatment that result from the commitments initiated under subd.
1. or ordered under subd.
2.
5. The
number of persons who are receiving care and treatment under community support
programs voluntarily or under commitments ordered under s.
51.20 (13).
6. The
number of persons for whom guardians are appointed under s.
880.33 (4m).
(b)
By April 1, 1997, and annually by that date for 3 years thereafter, the
department shall submit a report to the legislature under s.
13.172 (2) on the information collected under par.
(a).
(4) Within
the limits of available state and federal funds, the department may do all of
the following:
(a)
Promote the creation of coalitions among the state, counties, providers of
mental health and alcohol and other drug abuse services, consumers of the
services and their families and advocates for persons with mental illness and
for alcoholic and drug dependent persons to develop, coordinate and provide a
full range of resources to advance prevention; early intervention; treatment;
recovery; safe and affordable housing; opportunities for education, employment
and recreation; family and peer support; self-help; and the safety and
well-being of communities.
(b) In
cooperation with counties, providers of mental health and alcohol and other
drug abuse services, consumers of the services, interested community members
and advocates for persons with mental illness and for alcoholic and drug
dependent persons, develop and implement a comprehensive strategy to reduce
stigma of and discrimination against persons with mental illness, alcoholics
and drug dependent persons.
(c) Develop
and implement a comprehensive strategy to involve counties, providers of mental
health and alcohol and other drug abuse services, consumers of the services and
their families, interested community members and advocates for persons with
mental illness and for alcoholic and drug dependent persons as equal
participants in service system planning and delivery.
(d) Promote
responsible stewardship of human and fiscal resources in the provision of
mental health and alcohol and other drug abuse services.
(e) Develop
and implement methods to identify and measure outcomes for consumers of mental
health and alcohol and other drug abuse services.
(f) Promote
access to appropriate mental health and alcohol and other drug abuse services
regardless of a person's geographic location, age, degree of mental illness,
alcoholism or drug dependency or availability of personal financial resources.
(g) Promote
consumer decision making to enable persons with mental illness and alcohol or
drug dependency to be more self-sufficient.
(h) Promote
use by providers of mental health and alcohol and other drug abuse services of
individualized service planning, under which the providers develop written
individualized service plans that promote treatment and recovery, together with
service consumers, families of service consumers who are children and advocates
chosen by consumers.
(5) The
department shall ensure that providers of mental health and alcohol and other
drug abuse services who use individualized service plans, as specified in sub.
(4) (h), do all of the following in using a plan:
(a)
Establish meaningful and measurable goals for the consumer.
(b) Base
the plan on a comprehensive assessment of the consumer's strengths, abilities,
needs and preferences.
(c) Keep
the plan current.
(d) Modify
the plan as necessary.
51.032 Denial and revocations of
certification or approval based on tax delinquency.
(1) Except
as provided in sub.
(1m), the department shall require each applicant to provide the department
with his or her social security number, if the applicant is an individual, or
the applicant's federal employer identification number, if the applicant is not
an individual, as a condition of issuing any of the following:
(a)
A certification issued under s.
51.038.
(b) A
certification issued under s.
51.04.
(c) A
certification issued under rules required under s.
51.42 (7) (b) 11.
(d) A
certification issued under rules required under s.
51.421 (3) (a).
(e) An
approval issued under s.
51.45 (8).
(1m) If an
individual who applies for a certification or approval under sub.
(1) does not have a social security number, the individual, as a condition of
obtaining the certification or approval, shall submit a statement made or
subscribed under oath or affirmation to the department that the applicant does
not have a social security number. The form of the statement shall be
prescribed by the department of workforce development. A certification or
approval issued in reliance upon a false statement submitted under this
subsection is invalid.
(2) The
department may not disclose any information received under sub.
(1) to any person except to the department of revenue for the sole purpose of
requesting certifications under s.
73.0301.
(3) Except
as provided in sub.
(1m), the department shall deny an application for the issuance of a
certification or approval specified in sub.
(1) if the applicant does not provide the information specified in sub.
(1).
(4) The
department shall deny an application for the issuance of a certification or
approval specified in sub.
(1) or shall revoke a certification or approval specified in sub.
(1) if the department of revenue certifies under s.
73.0301 that the applicant for or holder of a certification or approval is
liable for delinquent taxes.
(5) An
action taken under sub.
(3) or (4)
is subject to review only as provided under s.
73.0301 (2) (b) and (5).
51.038 Outpatient mental health clinic
certification.
Except as
provided in s.
51.032, if a facility that provides mental health services on an outpatient
basis holds current accreditation from the council on accreditation of services
for families and children, the department may accept evidence of this
accreditation as equivalent to the standards established by the department, for
the purpose of certifying the facility for the receipt of funds for services
provided as a benefit to a medical assistance recipient under s.
49.46 (2) (b) 6. f., a community aids funding recipient under s.
51.423 (2) or as mandated coverage under s.
632.89.
51.04 Treatment facility
certification.
Except as
provided in s.
51.032, any treatment facility may apply to the department for certification of
the facility for the receipt of funds for services provided as a benefit to a
medical assistance recipient under s.
49.46 (2) (b) 6. f. or to a community aids funding recipient under s.
51.423 (2) or provided as mandated coverage under s.
632.89. The department shall annually charge a fee for each
certification.
51.05 Mental health institutes.
(1) Designation.
The mental health institute located at Mendota is known as the "Mendota
Mental Health Institute" and the mental health institute located at
Winnebago is known as the "Winnebago Mental Health Institute".
Goodland Hall West, a facility located at Mendota Mental Health Institute, is
designated as the "Maximum Security Facility at Mendota Mental Health
Institute". The department shall divide the state by counties into 2
districts, and may change the boundaries of these districts, arranging them
with reference to the number of patients residing in them at a given time, the
capacity of the institutes and the convenience of access to them.
(2) Admissions
authorized by counties. The department may not accept for admission
to a mental health institute any resident person, except in an emergency,
unless the county department under s.
51.42 in the county where the person has legal residency authorizes the care,
as provided in s.
51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s. 975.02, 1977 stats., or s.
971.14, 971.17,
975.06
or 980.06,
admitted by the department under s. 975.17, 1977 stats., or are transferred
from a secured correctional facility, a secured child caring institution or a
secured group home to a state treatment facility under s.
51.35 (3) or from a jail or prison to a state treatment facility under s.
51.37 (5) are not subject to this section.
(3) Admissions
authorized by department. Any person who is without a county
responsible for his or her care and any person entering this state through the
compact established under s.
51.75 may be accepted by the department and temporarily admitted to an
institute. Such person shall be transferred to the county department
under s.
51.42 for the community where the best interests of the person can best be
served, as soon as practicable.
(3g) Expense
reduction. The department shall annually reduce by $500,000 the
amount by which accumulated expenses of providing care to patients of the
mental health institutes exceed the accumulated revenues from providing that
care, until the accumulated revenues of the mental health institutes are in
balance with the accumulated expenses of the mental health institutes.
(3m) Revenues
and expenditures; reports. Notwithstanding s.
20.903 (1), the department shall implement a plan that is approved by the
department of administration to assure that there are sufficient revenues, as
projected by the department of health and family services, to cover anticipated
expenditures under the appropriation under s.
20.435 (2) (gk) for the purpose of reimbursing the provision of care to
patients of the Mendota Mental Health Institute or the Winnebago Mental Health
Institute and to ensure that the department complies with sub.
(3g). The department of health and family services shall make reports to
the department of administration every 3 months, beginning on October 1, 1993,
concerning the implementation of this plan. The department of health and family
services shall make reports to the joint committee on finance by December 31 of
each year that identify the change, during the preceding fiscal year, in the
amount by which the accumulated expenses of providing care to patients of the
mental health institutes exceed the accumulated revenues from providing that
care; describe the actions taken by the department during the preceding fiscal
year to reduce that amount; and describe the actions that the department is
taking during the current year to reduce that amount.
(4) Transfers
and discharges. The transfer or discharge of any person who is placed
in a mental health institute shall be made subject to s.
51.35.
(5) School
activities. If an individual over the age of 2 and under the age of
22 and eligible for special education and related services under subch.
V of ch. 115 is committed, admitted or transferred to or is a resident of the
Mendota Mental Health Institute or Winnebago Mental Health Institute, the
individual shall attend a school program operated by the applicable mental
health institute or a school outside the applicable mental health institute
which is approved by the department of public instruction. A school
program operated by the Mendota Mental Health Institute or Winnebago Mental
Health Institute shall be under the supervision of the department of public
instruction and shall meet standards prescribed by that agency.
(6) Hearing-impaired
individuals. The department shall provide mental health services
appropriate for hearing-impaired individuals who are residents of or are
committed, admitted or transferred to a mental health institute.
51.06 Centers for the developmentally
disabled.
(1) Purpose.
The purpose of the northern center for developmentally disabled, central center
for developmentally disabled and southern center for developmentally disabled
is to provide services needed by developmentally disabled citizens of this
state that are otherwise unavailable to them, and to return those persons to
the community when their needs can be met at the local level.
(1m) Services. Services to be provided
by the department at centers for the developmentally disabled shall include:
(a)
Education within the requirements of sub.
(2), training, habilitative and rehabilitative services to those persons placed
in its custody.
(b)
Development-evaluation services to citizens through county departments under ss.
51.42 and 51.437.
(c)
Assistance to such community boards in meeting the needs of developmentally
disabled citizens.
(d)
Services for individuals with developmental disability who are also diagnosed
as mentally ill or who exhibit extremely aggressive and challenging behaviors.
(a)
In addition to services provided under sub.
(1m), the department may, when the department determines that community
services need to be supplemented, authorize a center for the developmentally
disabled to offer short-term residential services, dental and mental health
services, therapy services, psychiatric and psychological services, general
medical services, pharmacy services, and orthotics.
(b)
Services under this subsection may be provided only under contract between the
department and a county department under s.
46.215, 46.22,
46.23,
51.42,
or 51.437,
a school district, or another public or private entity within the state to
persons referred from those entities, at the discretion of the department.
The department shall charge the referring entity all costs associated with
providing the services. Unless a referral is made, the department may not
offer services under this subsection to the person who is to receive the
services or to his or her family. The department may not impose a charge
for services under this subsection upon the person receiving the services or
upon his or her family. Any revenues received under this subsection shall
be credited to the appropriation account under s.
20.435 (2) (g).
(c)
1.
Services under this subsection are governed by subchapter XVI of ch. 48
and ss. 50.03,
50.032,
50.033,
50.034 (1)
to (3),
50.035,
50.04,
50.09,
51.04,
51.42 (7) (b),
and 51.61,
for the application of which the services shall be considered to be provided by
a private entity, by rules promulgated under those statutes, and by the terms
of the contract between the department, except that, in the event of a conflict
between the contractual terms and the statutes or rules, the services shall
comply with the contractual, statutory, or rules provision that is most protective
of the service recipient's health, safety, welfare, or rights.
2. Sections
46.03 (18), 46.10,
51.15 (2),
51.20 (13)
(c) 1., and 51.42 (3)
(as) and zoning or other ordinances or regulations of the county,
city, town, or village in which the services are provided or the facility is
located do not apply to the services under this subsection.
3. The
department may not be required, by court order or otherwise, to offer services
under this subsection.
(d)
A residential facility operated by a center for the developmentally disabled
that is authorized by the department under this subsection may not be
considered to be a hospital, as defined in s.
50.33 (2), an inpatient facility, a state treatment facility, or a treatment
facility.
(2) School
activities. If an individual over the age of 2 years and under the
age of 22 years and eligible for special education and related services under subch.
V of ch. 115 is admitted to, is placed in or is a resident of a center, the
individual shall attend a school program operated by the center or a school
outside the center which is approved by the department of public
instruction. A school program operated by the center shall be under the supervision
of the department of public instruction and shall meet standards prescribed by
that agency.
(3) Admission.
(a)
Subject to par.
(b), individuals under the age of 22 years shall be placed only at the central
center for the developmentally disabled unless the department authorizes the
placement of the individual at the northern or southern center for the
developmentally disabled.
(b) An
individual may be placed at or transferred to a center for the developmentally
disabled for services under sub.
(1m) (d) only after all of the following conditions are met:
1.
The department determines that a licensed bed and other necessary resources are
available to provide services to the individual.
2. The
department and the county of residence of the individual agree on a maximum discharge
date for the individual.
(4) Transfer
or discharge. The transfer or discharge of any person who is placed
in a center for the developmentally disabled shall be made subject to s.
51.35.
(5) Surcharge
for extended intensive treatment. The department may impose on a
county a progressive surcharge for services under sub.
(1m)(d) that an individual receives after the maximum discharge date for the
individual that was agreed upon under sub.
(3) (b) 2. The surcharge is 10% of the amount paid for the individual's
services under s.
49.45 during any part of the first 6-month period following the maximum
discharge date, and increases by 10% of the amount paid for the individual's
services under s.
49.45 during any part of each 6-month period thereafter. Any revenues
received under this subsection shall be credited to the appropriation account
under s.
20.435 (2) (gL).
(6) Sale
of assets or real property at Northern Center for the Developmentally Disabled.
The department may maintain the Northern Center for the Developmentally
Disabled for the purpose specified in sub.
(1), but may sell assets or real property of the Northern Center for the
Developmentally Disabled. If there is any outstanding public debt used to
finance the acquisition, construction, or improvement of any property that is
sold under this subsection, the department shall deposit a sufficient amount of
the net proceeds from the sale of the property in the bond security and
redemption fund under s.
18.09 to repay the principal and pay the interest on the debt, and any premium
due upon refunding any of the debt. If the property was purchased with federal
financial assistance, the department shall pay to the federal government any of
the net proceeds required by federal law. If there is no such debt outstanding
and there are no moneys payable to the federal government, or if the net
proceeds exceed the amount required to be deposited or paid under this
subsection, the department shall credit the net proceeds or remaining net
proceeds to the appropriation account under s.
20.435 (2) (gk).
(1) The
department may establish a system of outpatient clinic services in any
institution operated by the department.
(2) It is
the purpose of this section to:
(a)
Provide outpatient diagnostic and treatment services for patients and their
families.
(b) Offer
precommitment and preadmission evaluations and studies.
(3) The
department may provide outpatient services only to patients contracted for with
county departments under ss. 51.42
and 51.437
in accordance with s. 46.03 (18),
except for those patients whom the department finds to be nonresidents of this
state and persons receiving services under contracts under s. 46.043.
The full and actual cost less applicable collections of services contracted for
with county departments under s. 51.42
or 51.437
shall be charged to the respective county department under s. 51.42
or 51.437.
The state shall provide the services required for patient care only if no
outpatient services are funded by the department in the county or group of
counties served by the respective county department under s. 51.42
or 51.437.
51.08 Milwaukee County Mental Health
Complex.
Any county
having a population of 500,000 or more may, pursuant to s. 46.17,
establish and maintain a county mental health complex. The county mental
health complex shall be a hospital devoted to the detention and care of drug
addicts, alcoholics, chronic patients and mentally ill persons whose mental
illness is acute. Such hospital shall be governed pursuant to s. 46.21.
Treatment of alcoholics at the county mental health complex is subject to
approval by the department under s. 51.45 (8).
The county mental health complex established pursuant to this section is
subject to rules promulgated by the department concerning hospital standards.
51.09 County hospitals.
Any county
having a population of less than 500,000 may establish a hospital or facilities
for the detention and care of mentally ill persons, alcoholics and drug
addicts; and in connection therewith a hospital or facility for the care of
cases afflicted with pulmonary tuberculosis. County hospitals established
pursuant to this section are subject to rules promulgated by the department
concerning hospital standards, including standards for alcoholic treatment
facilities under s. 51.45 (8).
51.10 Voluntary admission of adults.
(1) With
the approval of the treatment director of the treatment facility or the
director's designee, or in the case of a center for the developmentally
disabled, the director of the center or the director's designee, and the
approval of the director of the appropriate county department under s. 51.42
or 51.437,
an adult desiring admission to an approved inpatient treatment facility may be
admitted upon application. This subsection applies only to admissions
made through a county department under s. 51.42
or 51.437
or through the department.
(2) With
the approval of the director of the treatment facility or the director's
designee and the director of the appropriate county department under s. 51.42
or 51.437,
an adult may be voluntarily admitted to a state inpatient treatment facility.
(3)
Voluntary admission of adult alcoholics shall be in accordance with s. 51.45 (10).
(4) The
criteria for voluntary admission to an inpatient treatment facility shall be
based on an evaluation that the applicant is mentally ill or developmentally
disabled, or is an alcoholic or drug dependent and that the person has the
potential to benefit from inpatient care, treatment or therapy. An
applicant is not required to meet a standard of dangerousness under s. 51.20 (1)
(a) 2. to be eligible for the benefits of voluntary treatment
programs. An applicant may be admitted for the purpose of making a
diagnostic evaluation.
(4m)
(a)
An adult who meets the criteria for voluntary admission under sub. (4)
and whose admission is approved under sub. (1)
or (2)
may also be admitted to an inpatient treatment facility if:
1.
A physician of the facility submits a signed request and certifies in writing,
before not less than 2 witnesses, that the physician has advised the patient in
the presence of the witnesses both orally and in writing of the person's rights
under sub. (5)
and of the benefits and risks of treatment, the patient's right to the least
restrictive form of treatment appropriate to the patient's needs and the
responsibility of the facility to provide the patient with this treatment; or
2. The
person applies for admission in writing.
(b)
Any person admitted under par. (a) 1.
who fails to indicate a desire to leave the facility but who refuses or is
unable to sign an application for admission is presumed to consent to admission
and may be held for up to 7 days as a voluntary patient.
(c) On the
first court day following admission under par. (a) 1.,
the facility shall notify the court assigned to exercise probate jurisdiction
for the county in which the facility is located of the admission. Within
24 hours after receiving this notice, excluding Saturdays, Sundays and
holidays, the court shall appoint a guardian ad litem to visit the facility and
to determine if there has been compliance with this subsection. The
guardian ad litem shall visit the patient within 48 hours, excluding Saturdays,
Sundays and holidays, to ascertain whether the patient wishes a less
restrictive form of treatment and, if so, shall assist the patient in obtaining
the proper assistance from the facility. The guardian ad litem shall
inform the patient of all rights to which the patient is entitled under this
chapter.
(d) If a
patient admitted under par. (a) 1.
has not signed a voluntary admission application within 7 days after admission,
the patient, the guardian ad litem and the physician who signed the admission
request shall appear before the judge or a circuit court commissioner assigned
to exercise probate jurisdiction for the county in which the facility is
located to determine whether the patient shall remain in the facility as a
voluntary patient. If the judge or circuit court commissioner determines
that the patient desires to leave the facility, the facility shall discharge
the patient. If the facility has reason to believe the patient is
eligible for commitment under s. 51.20,
the facility may initiate procedures for involuntary commitment.
(a)
At the time of admission to an inpatient facility the individual being admitted
shall be informed orally and in writing of his or her right to leave upon
submission of a written request to the staff of the facility except when the
director or such person's designee files a statement of emergency detention
under s. 51.15
with the court by the end of the next day in which the court transacts
business.
(b) Writing
materials for use in requesting discharge shall be available at all times to
any voluntarily admitted individual, and shall be given to the individual upon
request. A copy of the patient's and resident's rights shall be given to
the individual at the time of admission.
(c) Any
patient or resident voluntarily admitted to an inpatient treatment facility
shall be discharged on request, unless the treatment director or the treatment
director's designee has reason to believe that the patient or resident is
dangerous in accordance with a standard under s. 51.20 (1)
(a) 2. or (am)
and files a statement of emergency detention under s. 51.15
with the court by the end of the next day in which the court transacts
business. The patient or resident shall be notified immediately when such
a statement is to be filed. Prior to the filing of a statement, the
patient or resident may be detained only long enough for the staff of the
facility to evaluate the individual's condition and to file the statement of
emergency detention. This time period may not exceed the end of the next
day in which the court transacts business. Once a statement is filed, a
patient or resident may be detained as provided in s. 51.15 (1).
The probable cause hearing required under s. 51.20 (7)
shall be held within 72 hours after the request for discharge, excluding
Saturdays, Sundays and legal holidays.
(6) A
person against whom a petition for involuntary commitment has been filed under s. 51.15
or 51.20
may agree to be admitted to an inpatient treatment facility under this
section. The court may permit the person to become a voluntary patient or
resident pursuant to this section upon signing an application for voluntary
admission, if the director of the appropriate county department under s. 51.42
or 51.437
and the director of the facility to which the person will be admitted approve
of the voluntary admission within 30 days of the admission. Except as
provided in s. 51.20 (8)
(bg) or (bm),
the court shall dismiss the proceedings under s. 51.20
30 days after the person's admission if the person is still a voluntary patient
or resident or upon the discharge of the person by the treatment director of
the facility or his or her designee, if that occurs first. For any person
who is a voluntary patient or resident under this subsection, actions required
under s. 51.35 (5)
shall be initiated within 14 days of admission.
(7) The
treatment director of a facility may temporarily admit an individual to an
inpatient facility when there is reason to question the competency of such
individual. The treatment director shall then apply to the court for
appointment of a guardian within 48 hours of the time of admission, exclusive
of Saturdays, Sundays and legal holidays. The individual may remain at
the facility pending appointment of a guardian.
(8) An
adult for whom a guardian of the person has been appointed under ch. 880
because of the subject's incompetency may be voluntarily admitted to an
inpatient treatment facility under this section only if the guardian and the
ward consent to such admission.
(9) Upon
admission to an inpatient facility, the facility shall offer the patient orally
and in writing the opportunity to execute an informed consent form under s. 51.30 (2),
requiring the facility to notify the patient's parent, child or spouse or any
other adult of the patient's release. If the patient signs the consent
form, the facility shall notify the person specified in the form as soon as
possible after the patient requests release.
(1) Admission
through board or department.
(a)
Except as provided in par. (c)
and s. 51.45 (2m),
the application for voluntary admission of a minor who is 14 years of age or
older to an approved inpatient treatment facility for the primary purpose of
treatment for alcoholism or drug abuse and the application for voluntary
admission of a minor who is under 14 years of age to an approved inpatient
treatment facility for the primary purpose of treatment for mental illness,
developmental disability, alcoholism, or drug abuse shall be executed by a
parent who has legal custody of the minor or the minor's guardian. Any
statement or conduct by a minor who is the subject of an application for
voluntary admission under this paragraph indicating that the minor does not agree
to admission to the facility shall be noted on the face of the application and
shall be noted in the petition required by sub. (4).
(b) The
application for voluntary admission of a minor who is 14 years of age or older
to an approved inpatient treatment facility for the primary purpose of
treatment for mental illness or developmental disability shall be executed by
the minor and a parent who has legal custody of the minor or the minor's
guardian, except as provided in par. (c) 1.
(c)
1. If a minor 14 years of age or older wishes to be
admitted to an approved inpatient treatment facility but a parent with legal
custody or the guardian refuses to execute the application for admission or
cannot be found, or if there is no parent with legal custody, the minor or a
person acting on the minor's behalf may petition the court assigned to exercise
jurisdiction under chs. 48
and 938
in the county of residence of the parent or guardian for approval of the
admission. A copy of the petition and a notice of hearing shall be served
upon the parent or guardian at his or her last-known address. If, after a
hearing, the court determines that the consent of the parent or guardian is
being unreasonably withheld, that the parent or guardian cannot be found, or
that there is no parent with legal custody, and that the admission is proper
under the standards prescribed in sub. (4) (d),
the court shall approve the minor's admission without the consent of the parent
or guardian.
2. If a
minor under 14 years of age wishes to be admitted to an approved inpatient
treatment facility but a parent with legal custody or the guardian cannot be
found, or if there is no parent with legal custody, the minor or a person
acting on the minor's behalf may petition the court assigned to exercise
jurisdiction under chs. 48
and 938
in the county of residence of the parent or guardian for approval of the
admission. A copy of the petition and a notice of hearing shall be served
upon the parent or guardian at his or her last-known address. If, after a
hearing, the court determines that the parent or guardian cannot be found or
that there is no parent with legal custody, and that the admission is proper
under the standards prescribed in sub. (4) (d),
the court shall approve the minor's admission without the consent of the parent
or guardian.
3. The
court may, at the minor's request, temporarily approve the admission pending
hearing on the petition. If a hearing is held under subd. 1.
or 2.,
no review or hearing under sub. (4)
is required.
(d)
A minor against whom a petition or statement has been filed under s. 51.15,
51.20,
or 51.45 (12)
or (13)
may be admitted under this section. The court may permit the minor to
become a voluntary patient under this section upon approval by the court of an
application executed under par. (a),
(b),
or (c).
The court shall then dismiss the proceedings under s. 51.15,
51.20,
or 51.45 (12)
or (13).
If a hearing is held under this subsection, no hearing under sub. (4)
is required.
(e) A minor
may be admitted immediately upon the approval of the application executed under
par. (a)
or (b)
by the treatment director of the facility or his or her designee or, in the
case of a center for the developmentally disabled, the director of the center
or his or her designee, and the director of the appropriate county department
under s. 51.42
or 51.437
if the county department is to be responsible for the cost of the minor's
therapy and treatment. Approval shall be based upon an informed
professional opinion that the minor is in need of psychiatric services or
services for developmental disability, alcoholism, or drug abuse, that the
treatment facility offers inpatient therapy or treatment that is appropriate
for the minor's needs, and that inpatient care in the facility is the least
restrictive therapy or treatment consistent with the minor's needs. In
the case of a minor who is being admitted for the primary purpose of treatment
for alcoholism or drug abuse, approval shall also be based on the results of an
alcohol or other drug abuse assessment that conforms to the criteria specified
in s. 938.547
(4).
(f)
Admission under par. (c)
or (d)
shall also be approved by the treatment director of the facility or his or her
designee, or in the case of a center for the developmentally disabled, the
director of the center or his or her designee, and the director of the
appropriate county department under s. 51.42
or 51.437
if the county department is to be responsible for the cost of the minor's
therapy and treatment, within 14 days of the minor's admission.
(a)
A minor may be admitted to an inpatient treatment facility without complying
with the requirements of this section if the admission does not involve the
department or a county department under s. 51.42
or 51.437,
or a contract between a treatment facility and the department or a county
department. The application for voluntary admission of a minor who is 14
years of age or older to an inpatient treatment facility for the primary
purpose of treatment for alcoholism or drug abuse and the application for
voluntary admission of a minor who is under 14 years of age to an inpatient
treatment facility for the primary purpose of treatment for mental illness,
developmental disability, alcoholism, or drug abuse shall be executed by a
parent who has legal custody of the minor or by the minor's guardian. The
application for voluntary admission of a minor who is 14 years of age or older
to an inpatient treatment facility for the primary purpose of treatment for
mental illness or developmental disability shall be executed by the minor and a
parent who has legal custody of the minor or the minor's guardian.
(b)
Notwithstanding par. (a),
any minor who is 14 years of age or older and who is admitted to an inpatient
treatment facility for the primary purpose of treatment of mental illness or
developmental disability has the right to be discharged within 48 hours after
his or her request, as provided in sub. (7) (b).
At the time of admission, any minor who is 14 years of age or older and who is
admitted to an inpatient treatment facility for the primary purpose of
treatment for mental illness or developmental disability, and the minor's
parent or guardian, shall be informed of this right orally and in writing by
the director of the hospital or such person's designee. This paragraph
does not apply to individuals who receive services in hospital emergency rooms.
(c) A copy
of the patient's rights established under s. 51.61
shall be given and explained to the minor and the minor's parent or guardian at
the time of admission by the director of the facility or such person's
designee.
(d) Writing
materials for use in requesting a discharge shall be made available at all
times to all minors who are 14 years of age or older and who are admitted under
this subsection for the primary purpose of treatment for mental illness or
developmental disability. The staff of the facility shall assist such
minors in preparing or submitting requests for discharge.
(a)
Prior to admission if possible, or as soon thereafter as possible, the minor
and the parent or guardian shall be informed by the director of the facility or
his or her designee, both orally and in writing, in easily understandable
language, of the review procedure in sub. (4),
including the standards to be applied by the court and the possible
dispositions, the right to a hearing upon request under sub. (4),
and the minor's right to appointed counsel as provided in sub. (4) (d)
if a hearing is held.
(b) A minor
14 years of age or older who has been admitted to an inpatient treatment
facility for the primary purpose of treatment for mental illness or
developmental disability, a minor who is voluntarily admitted under sub. (1) (c)
1. or 2.,
and the minor's parent or guardian shall also be informed by the director or
his or her designee, both orally and in writing, in easily understandable
language, of the minor's right to request discharge and to be discharged within
48 hours of the request if no petition or statement is filed for emergency
detention, emergency commitment, involuntary commitment, or protective
placement, and the minor's right to consent to or refuse treatment as provided in
s. 51.61 (6).
(c) A minor
14 years of age or older who has been admitted to an inpatient facility for the
primary purpose of treatment for alcoholism or drug abuse, a minor under 14
years of age who has been admitted to an inpatient treatment facility for the
primary purpose of treatment for mental illness, developmental disability,
alcoholism, or drug abuse, and the minor's parent or guardian shall also be
informed by the director or his or her designee, both orally and in writing, in
easily understandable language, of the right of the parent or guardian to request
the minor's discharge as provided in sub. (7) (b)
and of the minor's right to a hearing to determine continued appropriateness of
the admission as provided in sub. (7) (c).
(d) A copy
of the patient's rights established in s. 51.61
shall be given and explained to the minor and the minor's parent or guardian at
the time of admission by the director of the facility or such person's
designee.
(e) Writing
materials for use in requesting a hearing or discharge under this section shall
be made available to minors at all times by every inpatient treatment
facility. The staff of each such facility shall assist minors in
preparing and submitting requests for discharge or hearing.
(a)
Within 3 days after the admission of a minor under sub. (1),
or within 3 days after application for admission of the minor, whichever occurs
first, the treatment director of the facility to which the minor is admitted
or, in the case of a center for the developmentally disabled, the director of
the center, shall file a verified petition for review of the admission in the
court assigned to exercise jurisdiction under chs. 48
and 938
in the county in which the facility is located. A copy of the application
for admission and of any relevant professional evaluations shall be attached to
the petition. The petition shall contain all of the following:
1.
The name, address and date of birth of the minor.
2. The
names and addresses of the minor's parents or guardian.
3. The
facts substantiating the petitioner's belief in the minor's need for
psychiatric services, or services for developmental disability, alcoholism or
drug abuse.
4. The
facts substantiating the appropriateness of inpatient treatment in the
inpatient treatment facility.
5. The
basis for the petitioner's opinion that inpatient care in the facility is the
least restrictive treatment consistent with the needs of the minor.
6. Notation
of any statement made or conduct demonstrated by the minor in the presence of
the director or staff of the facility indicating that inpatient treatment is
against the wishes of the minor.
(b)
If hardship would otherwise occur and if the best interests of the minor would
be served thereby, the court may, on its own motion or on the motion of any
interested party, remove the petition to the court assigned to exercise
jurisdiction under chs. 48
and 938
of the county of residence of the parent or guardian.
(c) A copy
of the petition shall be provided by the petitioner to the minor and his or her
parents or guardian within 5 days after admission.
(d) Within
5 days after the filing of the petition, the court assigned to exercise
jurisdiction under chs. 48
and 938
shall determine, based on the allegations of the petition and accompanying
documents, whether there is a prima facie showing that the minor is in need of
psychiatric services, or services for developmental disability, alcoholism, or
drug abuse, that the treatment facility offers inpatient therapy or treatment
that is appropriate to the minor's needs and that inpatient care in the
treatment facility is the least restrictive therapy or treatment consistent
with the needs of the minor, and, if the minor is 14 years of age or older and
has been admitted to the treatment facility for the primary purpose of
treatment for mental illness or developmental disability, whether the admission
is voluntary on the part of the minor. If such a showing is made, the
court shall permit voluntary admission. If the court is unable to make
those determinations based on the petition and accompanying documents, the
court may dismiss the petition as provided in par. (h);
order additional information to be produced as necessary for the court to make
those determinations within 14 days after admission or application for
admission, whichever is sooner; or hold a hearing within 14 days after
admission or application for admission, whichever is sooner. If a
notation of the minor's unwillingness appears on the face of the petition, or
if a hearing has been requested by the minor or by the minor's counsel, parent,
or guardian, the court shall hold a hearing to review the admission within 14
days after admission or application for admission, whichever is sooner, and
shall appoint counsel to represent the minor if the minor is
unrepresented. If the court considers it necessary, the court shall also
appoint a guardian ad litem to represent the minor.
(e) Notice
of the hearing under this subsection shall be provided by the court by
certified mail to the minor, the minor's parents or guardian, the minor's
counsel and guardian ad litem if any, the petitioner and any other interested
party at least 96 hours prior to the time of hearing.
(f) The
rules of evidence in civil actions shall apply to any hearing under this
section. A record shall be maintained of the entire proceedings.
The record shall include findings of fact and conclusions of law.
Findings shall be based on a clear and convincing standard of proof.
(g) If the court finds that the minor is in need of
psychiatric services or services for developmental disability, alcoholism, or
drug abuse in an inpatient facility, that the inpatient facility to which the
minor is admitted offers therapy or treatment that is appropriate for the
minor's needs and that is the least restrictive therapy or treatment consistent
with the minor's needs, and, in the case of a minor 14 years of age or older
who is being admitted for the primary purpose of treatment for mental illness
or developmental disability, that the application is voluntary on the part of
the minor, the court shall permit voluntary admission. If the court finds
that the therapy or treatment in the inpatient facility to which the minor is
admitted is not appropriate or is not the least restrictive therapy or
treatment consistent with the minor's needs, the court may order placement in
or transfer to another more appropriate or less restrictive inpatient facility,
except that the court may not permit or order placement in or transfer to the
northern or southern centers for the developmentally disabled of a minor unless
the department gives approval for the placement or transfer, and if the order
of the court is approved by all of the following if applicable:
1.
The minor if he or she is 14 years of age or older and is being admitted for
the primary purpose of treatment for mental illness or developmental
disability.
2. The
treatment director of the facility or his or her designee.
3. The
director of the appropriate county department under s. 51.42
or 51.437
if the county department is to be responsible for the cost of the minor's
therapy or treatment.
(h)
If the court does not permit voluntary admission under par. (g),
it shall do one of the following:
1.
Dismiss the petition and order the application for admission denied and the
minor released.
2. Order
the petition to be treated as a petition for involuntary commitment and refer
it to the court where the review under this section was held, or if it was not
held in the county of legal residence of the subject individual's parent or
guardian and hardship would otherwise occur and if the best interests of the
subject individual would be served thereby, to the court assigned to exercise
jurisdiction under chs. 48
and 938
in such county for a hearing under s. 51.20
or 51.45 (13).
3. If the
minor is 14 years of age or older and appears to be developmentally disabled,
proceed in the manner provided in s. 51.67
to determine whether the minor should receive protective placement or
protective services, except that a minor shall not have a temporary guardian
appointed if he or she has a parent or guardian.
4. If there
is a reason to believe the minor is in need of protection or services under s. 48.13
or 938.13
or the minor is an expectant mother of an unborn child in need of protection or
services under s. 48.133,
dismiss the petition and authorize the filing of a petition under s. 48.25 (3)
or 938.25 (3).
The court may release the minor or may order that the minor be taken and held
in custody under s. 48.19 (1)
(c) or (cm)
or 938.19 (1)
(c).
(i)
Approval of an admission under this subsection does not constitute a finding of
mental illness, developmental disability, alcoholism or drug dependency.
(5) Appeal.
Any person who is aggrieved by a determination or order under this section and
who is directly affected thereby may appeal to the court of appeals under s. 809.40.
(6) Short-term
admissions.
(a)
A minor may be admitted to an inpatient treatment facility without review of
the application under sub. (4)
for diagnosis and evaluation or for dental, medical, or psychiatric services
for a period not to exceed 12 days. The application for short-term
admission of a minor shall be executed by the minor's parent or guardian, and,
if the minor is 14 years of age or older and is being admitted for the primary
purpose of diagnosis, evaluation, or services for mental illness or
developmental disability, by the minor. A minor may not be readmitted to
an inpatient treatment facility for psychiatric services under this paragraph
within 120 days of a previous admission under this paragraph.
(b) The
application shall be reviewed by the treatment director of the facility or, in
the case of a center for the developmentally disabled, by the director, and
shall be accepted only if the director determines that the admission
constitutes the least restrictive means of obtaining adequate diagnosis and
evaluation of the minor or adequate provision of medical, dental or psychiatric
services.
(c) At the
end of the 12-day period, the minor shall be released unless an application has
been filed for voluntary admission under sub. (1)
or a petition or statement has been filed for emergency detention, emergency
commitment, involuntary commitment or protective placement.
(a)
If a minor is admitted to an inpatient treatment facility while under 14 years
of age, and if upon reaching age 14 is in need of further inpatient care and
treatment primarily for mental illness or developmental disability, the
director of the facility shall request the minor and the minor's parent or
guardian to execute an application for voluntary admission. Such an
application may be executed within 30 days prior to a minor's 14th
birthday. If the application is executed, a petition for review shall be
filed in the manner prescribed in sub. (4),
unless such a review has been held within the last 120 days. If the
application is not executed by the time of the minor's 14th birthday, the minor
shall be discharged unless a petition or statement is filed for emergency
detention, emergency commitment, involuntary commitment, or protective
placement by the end of the next day in which the court transacts business.
(b) Any
minor 14 years of age or older who is voluntarily admitted under this section
for the primary purpose of treatment for mental illness or developmental
disability, and any minor who is voluntarily admitted under sub. (1) (c)
1. or 2.,
may request discharge in writing. In the case of a minor 14 years of age
or older who is voluntarily admitted under this section for the primary purpose
of treatment for alcoholism or drug abuse or a minor under 14 years of age who
is voluntarily admitted under this section for the primary purpose of treatment
for mental illness, developmental disability, alcoholism, or drug abuse, the
parent or guardian of the minor may make the request. Upon receipt of any
form of written request for discharge from a minor, the director of the
facility in which the minor is admitted shall immediately notify the minor's
parent or guardian. The minor shall be discharged within 48 hours after
submission of the request, exclusive of Saturdays, Sundays, and legal holidays,
unless a petition or statement is filed for emergency detention, emergency
commitment, involuntary commitment, or protective placement.
(c) Any
minor 14 years of age or older who is voluntarily admitted under this section
for the primary purpose of treatment for alcoholism or drug abuse, and who is
not discharged under par. (b),
and any minor under 14 years of age who is voluntarily admitted under this
section for the primary purpose of treatment for mental illness, developmental
disability, alcoholism, or drug abuse, and who is not discharged under par. (b),
may submit a written request to the court for a hearing to determine the
continued appropriateness of the admission. If the director or staff of
the inpatient treatment facility to which a minor described in this paragraph
is admitted observes conduct by the minor that demonstrates an unwillingness to
remain at the facility, including but not limited to a written expression of
opinion or unauthorized absence, the director shall file a written request with
the court to determine the continued appropriateness of the admission. A
request that is made personally by a minor under this paragraph shall be signed
by the minor but need not be written or composed by the minor. A request
for a hearing under this paragraph that is received by staff or the director of
the facility in which the child is admitted shall be filed with the court by
the director. The court shall order a hearing upon request if no hearing
concerning the minor's admission has been held within 120 days after receipt of
the request. The court shall appoint counsel and, if the court considers
it necessary, a guardian ad litem to represent the minor and if a hearing is
held shall hold the hearing within 14 days after the request, unless the
parties agree to a longer period. After the hearing, the court shall make
disposition of the matter in the manner provided in sub. (4).
51.14 Outpatient treatment of minors.
(1) Definitions.
In this section, "outpatient mental health treatment" means treatment
and social services for mental illness, except psychotropic medications and
24-hour care and custody, provided by a treatment facility.
(2) Mental
health review officer. Each court assigned to exercise jurisdiction
under chs. 48
and 938
shall designate a mental health review officer to review petitions filed under sub. (3).
(3) Review
by mental health review officer.
(a)
Either a minor 14 years of age or older or his or her parent or guardian may
petition the mental health review officer in the county in which the parent or
guardian has residence for a review of a refusal of either the minor or his or
her parent or guardian to provide the informed consent for outpatient mental
health treatment required under s. 51.61 (6).
(b) A
petition filed under this subsection shall contain all of the following:
1.
The name, address and birth date of the minor.
2. The name
and address of the parent or guardian of the minor.
3. The
facts substantiating the petitioner's belief that the minor needs outpatient
mental health treatment.
4. Any available information which substantiates the
appropriateness of the particular treatment sought for the minor and that the
particular treatment sought is the least restrictive treatment consistent with
the needs of the minor.
(c)
Any professional evaluations relevant under par. (b) 3.
or 4.
shall be attached to the petition filed under this subsection.
(d) The
court which appointed the mental health review officer shall ensure that
necessary assistance is provided to the petitioner in the preparation of the
petition under this subsection.
(e) The
mental health review officer shall notify the county department under s. 51.42
or 51.437
of the contents of any petition received by the mental health review officer
under this subsection. The county department under s. 51.42
or 51.437
may, following review of the petition contents, make recommendations to the
mental health review officer as to the need for and appropriateness and
availability of treatment.
(f) If
prior to a hearing under par. (g)
either the minor or his or her parent or guardian requests and the mental
health review officer determines that the best interests of the minor would be
served, a petition may be filed for court review under sub. (4)
without further review under this subsection.
(g) Within
21 days after the filing of a petition under this subsection, the mental health
review officer shall hold a hearing on the refusal of the minor or the minor's
parent or guardian to provide informed consent for outpatient treatment.
The mental health review officer shall provide notice of the date, time and
place of the hearing to the minor and the minor's parent or guardian at least
96 hours prior to the hearing.
(h) If
following the hearing under par. (g)
and after taking into consideration the recommendations, if any, of the county
department under s. 51.42
or 51.437
made under par. (e),
the mental health review officer finds all of the following, he or she shall
issue a written order that, notwithstanding the written, informed consent
requirement of s. 51.61 (6),
the written, informed consent of the minor, if the minor is refusing to provide
consent, or the written, informed consent of the minor's parent or guardian, if
the parent or guardian is refusing to provide consent, is not required for
outpatient mental health treatment for the minor:
1.
The informed consent is unreasonably withheld.
2. The
minor is in need of treatment.
3. The
particular treatment sought is appropriate for the minor and is the least
restrictive treatment available.
4. The
proposed treatment is in the best interests of the minor.
(i)
The findings under par. (h)
and the reasons supporting each finding shall be in writing.
(j) The
mental health review officer shall notify the minor and the minor's parent or
guardian of the right to judicial review under sub. (4).
(k) No
person may be a mental health review officer in a proceeding under this section
if he or she has provided treatment or services to the minor who is the subject
of the proceeding.
(a)
Within 21 days after the issuance of the order by the mental health review officer
under sub. (3)
or if the requirements of sub. (3) (f)
are satisfied, the minor or his or her parent or guardian may petition a court
assigned to exercise jurisdiction under chs. 48
and 938
in the county of residence of the minor's parent or guardian for a review of
the refusal of either the minor or his or her parent or guardian to provide the
informed consent for outpatient mental health treatment required under s. 51.61 (6).
(b) The
petition in par. (a)
shall conform to the requirements set forth in sub. (3) (b).
If the minor has refused to provide informed consent, a notation of this fact
shall be made on the face of the petition.
(c) If a
notation of a minor's refusal to provide informed consent to outpatient mental
health treatment appears on the petition, the court shall, at least 7 days
prior to the time scheduled for the hearing, appoint counsel to represent the
minor if the minor is unrepresented. If the minor's parent or guardian
has refused to provide informed consent and the minor is unrepresented, the
court shall appoint counsel to represent the minor, if requested by the minor
or determined by the court to be in the best interests of the minor.
(d) The
court shall hold a hearing on the petition within 21 days after filing of the
petition.
(e) Notice
of the hearing under this subsection shall be provided by the court by
certified mail, at least 96 hours prior to the hearing, to the minor, the
minor's parent or guardian, the minor's counsel and guardian ad litem, if any,
and any other interested party known to the court.
(f) The
rules of evidence in civil actions shall apply to any hearing under this
section. A record, including written findings of fact and conclusions of
law, shall be maintained of the entire proceedings. Findings shall be
based on evidence that is clear, satisfactory and convincing.
(g) After
the hearing under this subsection, the court shall issue a written order
stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6),
the written, informed consent of the minor, if the minor refuses to provide
consent, or the written, informed consent of the parent or guardian, if the
parent or guardian refuses to provide consent, is not required for outpatient
mental health treatment for the minor if the court finds all of the following:
1.
The informed consent is unreasonably withheld.
2. The
minor is in need of treatment.
3. The
particular treatment sought is appropriate for the minor and is the least
restrictive treatment available.
4. The
treatment is in the best interests of the minor.
(5) Appeal.
Any person who is aggrieved by a determination or order under sub. (4)
and who is directly affected by the determination or order may appeal to the
court of appeals under s. 809.40.
(6) Finding
or order not a finding of mental illness. A finding or order under
this section does not constitute a finding of mental illness.
(a)
A law enforcement officer or other person authorized to take a child into
custody under ch. 48
or to take a juvenile into custody under ch. 938
may take an individual into custody if the officer or person has cause to
believe that the individual is mentally ill, is drug dependent, or is
developmentally disabled, and that the individual evidences any of the
following:
1.
A substantial probability of physical harm to himself or herself as manifested
by evidence of recent threats of or attempts at suicide or serious bodily harm.
2. A
substantial probability of physical harm to other persons as manifested by
evidence of recent homicidal or other violent behavior on his or her part, or
by evidence that others are placed in reasonable fear of violent behavior and
serious physical harm to them, as evidenced by a recent overt act, attempt or
threat to do serious physical harm on his or her part.
3. A
substantial probability of physical impairment or injury to himself or herself
due to impaired judgment, as manifested by evidence of a recent act or
omission. The probability of physical impairment or injury is not
substantial under this subdivision if reasonable provision for the individual's
protection is available in the community and there is a reasonable probability
that the individual will avail himself or herself of these services or, in the
case of a minor, if the individual is appropriate for services or placement
under s. 48.13 (4)
or (11)
or 938.13 (4).
Food, shelter or other care provided to an individual who is substantially
incapable of obtaining the care for himself or herself, by any person other
than a treatment facility, does not constitute reasonable provision for the
individual's protection available in the community under this subdivision.
4. Behavior
manifested by a recent act or omission that, due to mental illness or drug
dependency, he or she is unable to satisfy basic needs for nourishment, medical
care, shelter or safety without prompt and adequate treatment so that a
substantial probability exists that death, serious physical injury, serious
physical debilitation or serious physical disease will imminently ensue unless
the individual receives prompt and adequate treatment for this mental illness
or drug dependency. No substantial probability of harm under this
subdivision exists if reasonable provision for the individual's treatment and
protection is available in the community and there is a reasonable probability
that the individual will avail himself or herself of these services, if the individual
can receive protective placement under s. 55.06
or, in the case of a minor, if the individual is appropriate for services or
placement under s. 48.13 (4)
or (11)
or 938.13 (4).
The individual's status as a minor does not automatically establish a
substantial probability of death, serious physical injury, serious physical
debilitation or serious disease under this subdivision. Food, shelter or
other care provided to an individual who is substantially incapable of
providing the care for himself or herself, by any person other than a treatment
facility, does not constitute reasonable provision for the individual's
treatment or protection available in the community under this subdivision.
(b)
The officer's or other person's belief shall be based on any of the following:
1.
A specific recent overt act or attempt or threat to act or omission by the
individual which is observed by the officer or person.
2. A
specific recent overt act or attempt or threat to act or omission by the
individual which is reliably reported to the officer or person by any other
person, including any probation, extended supervision and parole agent
authorized by the department of corrections to exercise control and supervision
over a probationer, parolee or person on extended supervision.
(2) Facilities
for detention. The law enforcement officer or other person authorized
to take a child into custody under ch. 48
or to take a juvenile into custody under ch. 938
shall transport the individual, or cause him or her to be transported, for
detention and for evaluation, diagnosis and treatment if permitted under sub. (8)
to any of the following facilities:
(a)
A hospital which is approved by the department as a detention facility or under
contract with a county department under s. 51.42
or 51.437,
or an approved public treatment facility;
(b) A
center for the developmentally disabled;
(c) A state
treatment facility; or
(d) An
approved private treatment facility, if the facility agrees to detain the
individual.
(3) Custody.
Upon arrival at the facility, the individual is deemed to be in the custody of
the facility.
(4) Detention
procedure; Milwaukee County.
(a)
In counties having a population of 500,000 or more, the law enforcement officer
or other person authorized to take a child into custody under ch. 48
or to take a juvenile into custody under ch. 938
shall sign a statement of emergency detention which shall provide detailed
specific information concerning the recent overt act, attempt, or threat to act
or omission on which the belief under sub. (1)
is based and the names of the persons observing or reporting the recent overt
act, attempt, or threat to act or omission. The law enforcement officer
or other person is not required to designate in the statement whether the
subject individual is mentally ill, developmentally disabled, or drug
dependent, but shall allege that he or she has cause to believe that the
individual evidences one or more of these conditions. The law enforcement
officer or other person shall deliver, or cause to be delivered, the statement
to the detention facility upon the delivery of the individual to it.
(b) Upon
delivery of the individual, the treatment director of the facility, or his or
her designee, shall determine within 24 hours whether the individual shall be
detained, or shall be detained, evaluated, diagnosed and treated, if
evaluation, diagnosis and treatment are permitted under sub. (8),
and shall either release the individual or detain him or her for a period not
to exceed 72 hours after delivery of the individual, exclusive of Saturdays,
Sundays and legal holidays. If the treatment director, or his or her
designee, determines that the individual is not eligible for commitment under s. 51.20 (1)
(a), the treatment director shall release the individual
immediately, unless otherwise authorized by law. If the individual is
detained, the treatment director or his or her designee may supplement in
writing the statement filed by the law enforcement officer or other person, and
shall designate whether the subject individual is believed to be mentally ill,
developmentally disabled or drug dependent, if no designation was made by the
law enforcement officer or other person. The director or designee may
also include other specific information concerning his or her belief that the
individual meets the standard for commitment. The treatment director or
designee shall then promptly file the original statement together with any
supplemental statement and notification of detention with the court having
probate jurisdiction in the county in which the individual was taken into
custody. The filing of the statement and notification has the same effect
as a petition for commitment under s. 51.20.
(5) Detention
procedure; other counties. In counties having a population of less
than 500,000, the law enforcement officer or other person authorized to take a
child into custody under ch. 48
or to take a juvenile into custody under ch. 938
shall sign a statement of emergency detention that shall provide detailed
specific information concerning the recent overt act, attempt, or threat to act
or omission on which the belief under sub. (1)
is based and the names of persons observing or reporting the recent overt act,
attempt, or threat to act or omission. The law enforcement officer or
other person is not required to designate in the statement whether the subject
individual is mentally ill, developmentally disabled, or drug dependent, but
shall allege that he or she has cause to believe that the individual evidences
one or more of these conditions. The statement of emergency detention
shall be filed by the officer or other person with the detention facility at
the time of admission, and with the court immediately thereafter. The
filing of the statement has the same effect as a petition for commitment under s. 51.20.
When, upon the advice of the treatment staff, the director of a facility
specified in sub. (2)
determines that the grounds for detention no longer exist, he or she shall
discharge the individual detained under this section. Unless a hearing is
held under s. 51.20 (7)
or 55.06 (11)
(b), the subject individual may not be detained by the law
enforcement officer or other person and the facility for more than a total of
72 hours, exclusive of Saturdays, Sundays, and legal holidays.
(6) Release.
If the individual is released, the treatment director or his or her designee,
upon the individual's request, shall arrange for the individual's
transportation to the locality where he or she was taken into custody.
(7) Intercounty
agreements. Counties may enter into contracts whereby one county
agrees to conduct commitment hearings for individuals who are detained in that
county but who are taken into custody under this section in another
county. Such contracts shall include provisions for reimbursement to the
county of detention for all reasonable direct and auxiliary costs of commitment
proceedings conducted under this section and s. 51.20
by the county of detention concerning individuals taken into custody in the
other county and shall include provisions to cover the cost of any voluntary or
involuntary services provided under this chapter to the subject individual as a
result of proceedings or conditional suspension of proceedings resulting from
the notification of detention. Where there is such a contract binding the
county where the individual is taken into custody and the county where the
individual is detained, the statements of detention specified in subs. (4)
and (5)
and the notification specified in sub. (4)
shall be filed with the court having probate jurisdiction in the county of
detention, unless the subject individual requests that the proceedings be held
in the county in which the individual is taken into custody.
(8) Evaluation,
diagnosis and treatment. When an individual is detained under this
section, the director and staff of the treatment facility may evaluate,
diagnose and treat the individual during detention, if the individual
consents. The individual has a right to refuse medication and treatment
as provided in s. 51.61 (1)
(g) and (h).
The individual shall be advised of that right by the director of the facility
or his or her designee, and a report of any evaluation and diagnosis and of all
treatment provided shall be filed by that person with the court.
(9) Notice
of rights. At the time of detention the individual shall be informed
by the director of the facility or such person's designee, both orally and in
writing, of his or her right to contact an attorney and a member of his or her
immediate family, the right to have an attorney provided at public expense, as
provided under s. 967.06
and ch. 977,
if the individual is a child or is indigent, the right to remain silent and
that the individual's statements may be used as a basis for commitment.
The individual shall also be provided with a copy of the statement of emergency
detention.
(10) Voluntary
patients. If an individual has been admitted to an approved treatment
facility under s. 51.10
or 51.13,
or has been otherwise admitted to such facility, the treatment director or his
or her designee, if conditions exist for taking the individual into custody
under sub. (1),
may sign a statement of emergency detention and may detain, or detain,
evaluate, diagnose and treat the individual as provided in this section.
In such case, the treatment director shall undertake all responsibilities that
are required of a law enforcement officer under this section. The
treatment director shall promptly file the statement with the court having
probate jurisdiction in the county of detention as provided in this section.
(11) Liability.
Any individual who acts in accordance with this section, including making a
determination that an individual has or does not have mental illness or
evidences or does not evidence a substantial probability of harm under sub. (1) (a)
1., 2.,
3.
or 4.,
is not liable for any actions taken in good faith. The good faith of the
actor shall be presumed in any civil action. Whoever asserts that the
individual who acts in accordance with this section has not acted in good faith
has the burden of proving that assertion by evidence that is clear,
satisfactory and convincing.
(11g) Other
liability. Subsection
(11) applies to a director of a facility, as specified in sub. (2),
or his or her designee, who under a court order evaluates, diagnoses or treats
an individual who is confined in a jail, if the individual consents to the
evaluation, diagnosis or treatment.
(11m) Training.
Law enforcement agencies shall designate at least one officer authorized to
take an individual into custody under this section who shall attend the
in-service training on emergency detention and emergency protective placement
procedures offered by a county department of community programs under s. 51.42 (3)
(ar) 4. d., if the county department of community programs serving
the law enforcement agency's jurisdiction offers an in-service training
program.
(12) Penalty.
Whoever signs a statement under sub. (4),
(5)
or (10)
knowing the information contained therein to be false is guilty of a Class H
felony.
51.20 Involuntary commitment for
treatment.
(a)
Except as provided in pars. (ab),
(am),
(ar)
and (av),
every written petition for examination shall allege that all of the following
apply to the subject individual to be examined:
1.
The individual is mentally ill or, except as provided under subd. 2. e.,
drug dependent or developmentally disabled and is a proper subject for
treatment.
2. The
individual is dangerous because he or she does any of the following:
a.
Evidences a substantial probability of physical harm to himself or herself as
manifested by evidence of recent threats of or attempts at suicide or serious
bodily harm.
b.
Evidences a substantial probability of physical harm to other individuals as
manifested by evidence of recent homicidal or other violent behavior, or by
evidence that others are placed in reasonable fear of violent behavior and
serious physical harm to them, as evidenced by a recent overt act, attempt or
threat to do serious physical harm. In this subd. 2. b.,
if the petition is filed under a court order under s. 938.30 (5)
(c) 1. or (d) 1.,
a finding by the court exercising jurisdiction under chs. 48
and 938
that the juvenile committed the act or acts alleged in the petition under s. 938.12
or 938.13 (12)
may be used to prove that the juvenile exhibited recent homicidal or other
violent behavior or committed a recent overt act, attempt or threat to do
serious physical harm.
c.
Evidences such impaired judgment, manifested by evidence of a pattern of recent
acts or omissions, that there is a substantial probability of physical
impairment or injury to himself or herself. The probability of physical
impairment or injury is not substantial under this subd. 2. c.
if reasonable provision for the subject individual's protection is available in
the community and there is a reasonable probability that the individual will
avail himself or herself of these services, if the individual is appropriate
for protective placement under s. 55.06
or, in the case of a minor, if the individual is appropriate for services or
placement under s. 48.13 (4)
or (11)
or 938.13 (4).
The subject individual's status as a minor does not automatically establish a
substantial probability of physical impairment or injury under this subd. 2. c.
Food, shelter or other care provided to an individual who is substantially
incapable of obtaining the care for himself or herself, by a person other than
a treatment facility, does not constitute reasonable provision for the subject
individual's protection available in the community under this subd. 2. c.
d.
Evidences behavior manifested by recent acts or omissions that, due to mental
illness, he or she is unable to satisfy basic needs for nourishment, medical
care, shelter or safety without prompt and adequate treatment so that a
substantial probability exists that death, serious physical injury, serious
physical debilitation or serious physical disease will imminently ensue unless
the individual receives prompt and adequate treatment for this mental
illness. No substantial probability of harm under this subd. 2. d.
exists if reasonable provision for the individual's treatment and protection is
available in the community and there is a reasonable probability that the
individual will avail himself or herself of these services, if the individual
is appropriate for protective placement under s. 55.06
or, in the case of a minor, if the individual is appropriate for services or
placement under s. 48.13 (4)
or (11)
or 938.13 (4).
The individual's status as a minor does not automatically establish a
substantial probability of death, serious physical injury, serious physical
debilitation or serious disease under this subd. 2. d.
Food, shelter or other care provided to an individual who is substantially
incapable of obtaining the care for himself or herself, by any person other
than a treatment facility, does not constitute reasonable provision for the
individual's treatment or protection available in the community under this subd. 2. d.
e. For an
individual, other than an individual who is alleged to be drug dependent or
developmentally disabled, after the advantages and disadvantages of and
alternatives to accepting a particular medication or treatment have been
explained to him or her and because of mental illness, evidences either
incapability of expressing an understanding of the advantages and disadvantages
of accepting medication or treatment and the alternatives, or substantial
incapability of applying an understanding of the advantages, disadvantages, and
alternatives to his or her mental illness in order to make an informed choice
as to whether to accept or refuse medication or treatment; and evidences a
substantial probability, as demonstrated by both the individual's treatment
history and his or her recent acts or omissions, that the individual needs care
or treatment to prevent further disability or deterioration and a substantial
probability that he or she will, if left untreated, lack services necessary for
his or her health or safety and suffer severe mental, emotional, or physical
harm that will result in the loss of the individual's ability to function
independently in the community or the loss of cognitive or volitional control
over his or her thoughts or actions. The probability of suffering severe
mental, emotional, or physical harm is not substantial under this subd. 2. e.
if reasonable provision for the individual's care or treatment is available in
the community and there is a reasonable probability that the individual will
avail himself or herself of these services or if the individual is appropriate
for protective placement under s. 55.06.
Food, shelter, or other care that is provided to an individual who is
substantially incapable of obtaining food, shelter, or other care for himself
or herself by any person other than a treatment facility does not constitute
reasonable provision for the individual's care or treatment in the community
under this subd. 2. e.
The individual's status as a minor does not automatically establish a
substantial probability of suffering severe mental, emotional, or physical harm
under this subd. 2. e.
(ab)
If the individual is an inmate of a prison, jail or other criminal detention
facility, the fact that the individual receives food, shelter and other care in
that facility may not limit the applicability of par. (a)
to the individual. The food, shelter and other care does not constitute
reasonable provision for the individual's protection available in the
community.
(ad)
1.
If a petition under par. (a)
is based on par. (a) 2.
e., the petition shall be reviewed and approved by the attorney
general or by his or her designee prior to the time that it is filed. If
the attorney general or his or her designee disapproves or fails to act with
respect to the petition, the petition may not be filed.
2. Subdivision
1. does not apply if the attorney general makes a finding that a
court of competent jurisdiction in this state, in a case in which the
constitutionality of par. (a) 2.
e. has been challenged, has upheld the constitutionality of par. (a) 2.
e.
(am)
If the individual has been the subject of inpatient treatment for mental
illness, developmental disability or drug dependency immediately prior to
commencement of the proceedings as a result of a voluntary admission or a
commitment or placement ordered by a court under this section or s. 55.06
or 971.17
or ch. 975,
or if the individual has been the subject of outpatient treatment for mental
illness, developmental disability or drug dependency immediately prior to
commencement of the proceedings as a result of a commitment ordered by a court
under this section or s. 971.17
or ch. 975,
the requirements of a recent overt act, attempt or threat to act under par. (a) 2.
a. or b.,
a pattern of recent acts or omissions under par. (a) 2.
c. or e.
or recent behavior under par. (a) 2.
d. may be satisfied by a showing that there is a substantial
likelihood, based on the subject individual's treatment record, that the
individual would be a proper subject for commitment if treatment were
withdrawn. If the individual has been admitted voluntarily to an inpatient
treatment facility for not more than 30 days prior to the commencement of the
proceedings and remains under voluntary admission at the time of commencement,
the requirements of a specific recent overt act, attempt or threat to act or
pattern of recent acts or omissions may be satisfied by a showing of an act,
attempt or threat to act or a pattern of acts or omissions which took place
immediately previous to the voluntary admission. If the individual is
committed under s. 971.14 (2)
or (5)
at the time proceedings are commenced, or has been discharged from the
commitment immediately prior to the commencement of proceedings, acts,
attempts, threats, omissions or behavior of the subject individual during or
subsequent to the time of the offense shall be deemed recent for purposes of par. (a) 2.
(ar) If the
individual is an inmate of a state prison, the petition may allege that the
inmate is mentally ill, is a proper subject for treatment and is in need of
treatment. The petition shall allege that appropriate less restrictive
forms of treatment have been attempted with the individual and have been
unsuccessful and it shall include a description of the less restrictive forms
of treatment that were attempted. The petition shall also allege that the
individual has been fully informed about his or her treatment needs, the mental
health services available to him or her and his or her rights under this
chapter and that the individual has had an opportunity to discuss his or her
needs, the services available to him or her and his or her rights with a
licensed physician or a licensed psychologist. The petition shall include
the inmate's sentence and his or her expected date of release as determined
under s. 302.11
or 302.113,
whichever is applicable. The petition shall have attached to it a signed
statement by a licensed physician or a licensed psychologist of a state prison
and a signed statement by a licensed physician or a licensed psychologist of a
state treatment facility attesting either of the following:
1.
That the inmate needs inpatient treatment at a state treatment facility because
appropriate treatment is not available in the prison.
2. That the
inmate's treatment needs can be met on an outpatient basis in the prison.
1.
If the individual is an inmate who has been sentenced to imprisonment in a
county jail or house of correction, the petition may allege that the inmate is
mentally ill, is a proper subject for treatment and is in need of
treatment. The petition shall allege that appropriate less restrictive
forms of treatment have been attempted with the individual and have been
unsuccessful and shall include a description of the less restrictive forms of
treatment that were attempted. The petition shall also allege that the
individual has been fully informed about his or her treatment needs, the mental
health services available to him or her and his or her rights under this
chapter and that the individual has had an opportunity to discuss his or her
needs, the services available to him or her and his or her rights with a
licensed physician or a licensed psychologist. The petition shall include
the inmate's sentence and his or her expected date of release as determined
under s. 302.43
or 303.19 (3).
The petition shall have attached to it a signed statement by a licensed
physician, licensed psychologist or other mental health professional attesting
either of the following:
a.
That the inmate needs inpatient treatment at a state or county treatment
facility because appropriate treatment is not available in the jail or house of
correction.
b. That the
inmate's treatment needs can be met on an outpatient basis in the jail or house
of correction.
2.
This paragraph does not apply to petitions filed under this section on or after
July 1, 1990.
(b)
Each petition for examination shall be signed by 3 adult persons, at least one
of whom has personal knowledge of the conduct of the subject individual, except
that this requirement does not apply if the petition is filed pursuant to a
court order under s. 938.30 (5)
(c) 1. or (d) 1.
(c) The petition shall contain the names and mailing
addresses of the petitioners and their relation to the subject individual, and
shall also contain the names and mailing addresses of the individual's spouse,
adult children, parents or guardian, custodian, brothers, sisters, person in
the place of a parent and person with whom the individual resides or
lives. If this information is unknown to the petitioners or inapplicable,
the petition shall so state. The petition may be filed in the court
assigned to exercise probate jurisdiction for the county where the subject
individual is present or the county of the individual's legal residence.
If the judge of the court or a circuit court commissioner who handles probate matters
is not available, the petition may be filed and the hearing under sub. (7)
may be held before a judge or circuit court commissioner of any circuit court
for the county. For the purposes of this chapter, duties to be performed
by a court shall be carried out by the judge of the court or a circuit court
commissioner of the court who is designated by the chief judge to so act, in
all matters prior to a final hearing under this section. The petition
shall contain a clear and concise statement of the facts which constitute
probable cause to believe the allegations of the petition. The petition
shall be sworn to be true. If a petitioner is not a petitioner having
personal knowledge as provided in par. (b),
the petition shall contain a statement providing the basis for his or her
belief.
(1m) Alternate
grounds for commitment. For purposes of subs. (2)
to (9),
the requirement of finding probable cause to believe the allegations in sub. (1) (a)
or (am)
may be satisfied by finding probable cause to believe that the individual
satisfies sub. (1) (a)
1. and evidences such impaired judgment, manifested by evidence of a
recent act or omission, that there is a substantial probability of physical
impairment or injury to himself or herself. The probability of physical
impairment or injury may not be deemed substantial under this subsection if
reasonable provision for the individual's protection is available in the
community and there is a reasonable probability that the individual will avail
himself or herself of the services or if the individual is appropriate for
protective placement under s. 55.06.
The individual's status as a minor does not automatically establish a
substantial probability of physical impairment or injury under this
subsection. Food, shelter or other care provided to an individual who is
substantially incapable of obtaining the care for himself or herself, by any person
other than a treatment facility, does not constitute reasonable provision for
the individual's protection available in the community under this subsection.
(2) Notice
of hearing and detention.
(a)
Upon the filing of a petition for examination, the court shall review the
petition to determine whether an order of detention should be issued. The
subject individual shall be detained only if there is cause to believe that the
individual is mentally ill, drug dependent or developmentally disabled and the
individual is eligible for commitment under sub. (1) (a)
or (am)
based upon specific recent overt acts, attempts or threats to act or on a
pattern of recent acts or omissions made by the individual.
(b) If the
subject individual is to be detained, a law enforcement officer shall present
the subject individual with a notice of hearing, a copy of the petition and
detention order and a written statement of the individual's right to an
attorney, a jury trial if requested more than 48 hours prior to the final
hearing, the standard upon which he or she may be committed under this section
and the right to a hearing to determine probable cause for commitment within 72
hours after the individual arrives at the facility, excluding Saturdays,
Sundays and legal holidays. The officer shall orally inform the
individual that he or she is being taken into custody as the result of a
petition and detention order issued under this chapter. If the individual
is not to be detained, the law enforcement officer shall serve these documents
on the subject individual and shall also orally inform the individual of these
rights. The individual who is the subject of the petition, his or her
counsel and, if the individual is a minor, his or her parent or guardian, if
known, shall receive notice of all proceedings under this section. The
court may also designate other persons to receive notices of hearings and
rights under this chapter. Any such notice may be given by
telephone. The person giving telephone notice shall place in the case
file a signed statement of the time notice was given and the person to whom he
or she spoke. The notice of time and place of a hearing shall be served
personally on the subject of the petition, and his or her attorney, within a
reasonable time prior to the hearing to determine probable cause for
commitment.
(c) If the
law enforcement officer has a detention order issued by a court, or if the law
enforcement officer has cause to believe that the subject individual is
mentally ill, drug dependent or developmentally disabled and is eligible for
commitment under sub. (1) (a)
or (am),
based upon specific recent overt acts, attempts or threats to act or on a
pattern of omissions made by the individual, the law enforcement officer shall
take the subject individual into custody. If the individual is detained
by a law enforcement officer, the individual shall be orally informed of his or
her rights under this section on arrival at the detention facility by the
facility staff, who shall also serve all documents required by this section on
the individual.
(d)
Placement shall be made in a hospital that is approved by the department as a
detention facility or under contract with a county department under s. 51.42
or 51.437,
approved public treatment facility, mental health institute, center for the
developmentally disabled under the requirements of s. 51.06 (3),
state treatment facility, or in an approved private treatment facility if the
facility agrees to detain the subject individual. Upon arrival at the
facility, the individual is considered to be in the custody of the facility.
(3) Legal
counsel. At the time of the filing of the petition the court shall
assure that the subject individual is represented by adversary counsel.
If the individual claims or appears to be indigent, the court shall refer the
person to the authority for indigency determinations specified under s. 977.07 (1).
If the individual is a child, the court shall refer that child to the state
public defender who shall appoint counsel for the child without a determination
of indigency, as provided in s. 48.23 (4).
(4) Public
representation. Except as provided in ss. 51.42 (3)
(ar) 1. and 51.437 (4m)
(f), the corporation counsel shall represent the interests of the
public in the conduct of all proceedings under this chapter, including the
drafting of all necessary papers related to the action.
(5) Hearing
requirements. The hearings which are required to be held under this
chapter shall conform to the essentials of due process and fair treatment including
the right to an open hearing, the right to request a closed hearing, the right
to counsel, the right to present and cross-examine witnesses, the right to
remain silent and the right to a jury trial if requested under sub. (11).
The parent or guardian of a minor who is the subject of a hearing shall have
the right to participate in the hearing and to be represented by counsel.
All proceedings under this chapter shall be reported as provided in SCR 71.01.
The court may determine to hold a hearing under this section at the institution
at which the individual is detained, whether or not located in the same county
as the court with which the petition was filed, unless the individual or his or
her attorney objects.
(6) Juveniles.
For minors, the hearings held under this section shall be before the court
assigned to exercise jurisdiction under chs. 48
and 938.
(7) Probable-cause
hearing.
(a)
After the filing of the petition under sub. (1),
if the subject individual is detained under s. 51.15
or this section the court shall hold a hearing to determine whether there is
probable cause to believe the allegations made under sub. (1) (a)
within 72 hours after the individual arrives at the facility, excluding
Saturdays, Sundays and legal holidays. At the request of the subject
individual or his or her counsel the hearing may be postponed, but in no case
may the postponement exceed 7 days from the date of detention.
(am) A
subject individual may not be examined, evaluated or treated for a nervous or
mental disorder pursuant to a court order under this subsection unless the
court first attempts to determine whether the person is an enrollee of a health
maintenance organization, limited service health organization or preferred
provider plan, as defined in s. 609.01,
and, if so, notifies the organization or plan that the subject individual is in
need of examination, evaluation or treatment for a nervous or mental disorder.
(b) If the
subject individual is not detained or is an inmate of a state prison, county
jail or house of correction, the court shall hold a hearing within a reasonable
time of the filing of the petition, to determine whether there is probable
cause to believe the allegations made under sub. (1).
(c) If the
court determines that there is probable cause to believe the allegations made
under sub. (1),
it shall schedule the matter for a hearing within 14 days from the time of
detention of the subject individual, except as provided in sub. (8) (bg)
or (bm)
or (11) (a).
If a postponement has been granted under par. (a),
the matter shall be scheduled for hearing within 21 days from the time of
detention of the subject individual. If the subject individual is not
detained under s. 51.15
or this section or is an inmate of a state prison, county jail or house of
correction, the hearing shall be scheduled within 30 days of the hearing to
determine probable cause for commitment. In the event that the subject
individual fails to appear for the hearing to determine probable cause for commitment,
the court may issue an order for the subject individual's detention and shall
hold the hearing to determine probable cause for commitment within 48 hours,
exclusive of Saturdays, Sundays and legal holidays, from the time that the
individual is detained.
(d)
1.
If the court determines after hearing that there is probable cause to believe
that the subject individual is a fit subject for guardianship and protective
placement or services, the court may, without further notice, appoint a
temporary guardian for the subject individual and order temporary protective
placement or services under ch. 55
for a period not to exceed 30 days, and shall proceed as if petition had been
made for guardianship and protective placement or services. If the court
orders only temporary protective services for a subject individual under this
paragraph, the individual shall be provided care only on an outpatient
basis. The court may order psychotropic medication as a temporary
protective service under this paragraph if it finds that there is probable
cause to believe that the allegations under s. 880.07
(1m) (c) and (cm)
apply, that the individual is not competent to refuse psychotropic medication
and that the medication ordered will have therapeutic value and will not
unreasonably impair the ability of the individual to prepare for and
participate in subsequent legal proceedings. An individual is not
competent to refuse psychotropic medication if, because of chronic mental illness,
and after the advantages and disadvantages of and alternatives to accepting the
particular psychotropic medication have been explained to the individual, one
of the following is true:
a.
The individual is incapable of expressing an understanding of the advantages
and disadvantages of accepting treatment and the alternatives.
b. The
individual is substantially incapable of applying an understanding of the
advantages, disadvantages and alternatives to his or her chronic mental illness
in order to make an informed choice as to whether to accept or refuse
psychotropic medication.
2.
A finding by the court that there is probable cause to believe that the subject
individual meets the commitment standard under sub. (1) (a)
2. e. constitutes a finding that the individual is not competent to
refuse medication or treatment under this paragraph.
(dm)
The court shall proceed as if a petition were filed under s. 51.45 (13)
if all of the following conditions are met:
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. 51.45 (13).
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. 51.45 (13).
(e)
If the court determines that probable cause does not exist to believe the
allegations, or to proceed under par. (d),
the court shall dismiss the proceeding.
(8) Disposition
pending hearing.
(a)
If it is shown that there is probable cause to believe the allegations under sub. (1),
the court may release the subject individual pending the full hearing and the
individual has the right to receive treatment services, on a voluntary basis,
from the county department under s. 51.42
or 51.437,
or from the department. The court may issue an order stating the conditions
under which the subject individual may be released from detention pending the
final hearing. If acceptance of treatment is made a condition of the
release, the subject individual may elect to accept the conditions or choose
detention pending the hearing. The court order may state the action to be
taken upon information of breach of the conditions. A final hearing must
be held within 30 days of the order, if the subject individual is
released. Any detention under this paragraph invokes time limitations
specified in sub. (7) (c),
beginning with the time of the detention. The right to receive treatment
voluntarily or accept treatment as a condition of release under this paragraph
does not apply to an individual for whom a probable cause finding has been
made, under s. 51.61 (1)
(g), that he or she is not competent to refuse medication, to the
extent that the treatment includes medication.
(b) If the court
finds the services provided under par. (a)
are not available, suitable, or desirable based on the condition of the
individual, it may issue a detention order and the subject individual may be
detained pending the hearing as provided in sub. (7) (c).
Detention may be in a hospital which is approved by the department as a
detention facility or under contract with a county department under s. 51.42
or 51.437,
approved public treatment facility, mental health institute, center for the
developmentally disabled under the requirements of s. 51.06 (3),
state treatment facility, or in an approved private treatment facility if the
facility agrees to detain the subject individual.
(bg) The
subject individual, or the individual's legal counsel with the individual's
consent, may waive the time periods under s. 51.10
or this section for the probable cause hearing or the final hearing, or both,
for a period not to exceed 90 days from the date of the waiver, if the
individual and the counsel designated under sub. (4)
agree at any time after the commencement of the proceedings that the individual
shall obtain treatment under a settlement agreement. The settlement
agreement shall be in writing, shall be approved by the court and shall include
a treatment plan that provides for treatment in the least restrictive manner
consistent with the needs of the subject individual. Either party may
request the court to modify the treatment plan at any time during the 90-day
period. The court shall designate the appropriate county department under
s. 51.42
or 51.437
to monitor the individual's treatment under, and compliance with, the
settlement agreement. If the individual fails to comply with the
treatment according to the agreement, the designated county department shall
notify the counsel designated under sub. (4)
and the subject's counsel of the individual's noncompliance.
(bm) If,
within 90 days from the date of the waiver under par. (bg),
the subject individual fails to comply with the settlement agreement approved
by the court under par. (bg),
the counsel designated under sub. (4)
may file with the court a statement of the facts which constitute the basis for
the belief that the subject individual is not in compliance. The
statement shall be sworn to be true and may be based on the information and
belief of the person filing the statement. Upon receipt of the statement
of noncompliance, the court may issue an order to detain the subject individual
pending the final disposition. If the subject individual is detained
under this paragraph, the court shall hold a probable cause hearing within 72
hours from the time of detention, excluding Saturdays, Sundays and legal
holidays or, if the probable cause hearing was held prior to the approval of
the settlement agreement under par. (bg),
the court shall hold a final hearing within 14 days from the time of
detention. If a jury trial is requested later than 5 days after the time
of detention under this paragraph, but not less than 48 hours before the time
of the final hearing, the final hearing shall be held within 21 days from the
time of detention. The facts alleged as the basis for commitment prior to
the waiver of the time periods for hearings under par. (bg)
may be the basis for a finding of probable cause or a final disposition at a
hearing under this paragraph.
(br) Upon the motion of the subject individual, the
court shall hold a hearing on the issue of noncompliance with the settlement
agreement within 72 hours from the time the motion for a hearing under this
paragraph is filed with the court, excluding Saturdays, Sundays and legal
holidays. The hearing under this paragraph may be held as part of the
probable cause or final hearing if the probable cause or final hearing is held
within 72 hours from the time the motion is filed with the court, excluding
Saturdays, Sundays and legal holidays. At a hearing on the issue of
noncompliance with the agreement, the written statement of noncompliance
submitted under par. (bm)
shall be prima facie evidence that a violation of the conditions of the
agreement has occurred. If the subject individual denies any of the facts
as stated in the statement, he or she has the burden of proving that the facts
are false by a preponderance of the evidence.
(c) During
detention a physician may order the administration of such medication or
treatment as is permitted under s. 51.61 (1)
(g) and (h).
The subject individual may consent to treatment but only after he or she has
been informed of his or her right to refuse treatment and has signed a written
consent to such treatment, except that an individual for whom, under s. 51.61 (1)
(g), a probable cause finding has been made that he or she is not
competent to refuse medication may not consent to medication under this
paragraph. A report of all treatment which is provided, along with any
written consent, shall be filed with the court by the director of the treatment
facility in which the subject individual is detained, or his or her designee.
1.
If the court finds after the hearing that there is probable cause to believe
the allegations under sub. (1),
it shall appoint 2 licensed physicians specializing in psychiatry, or one
licensed physician and one licensed psychologist, or 2 licensed physicians one
of whom shall have specialized training in psychiatry, if available, or 2
physicians, to personally examine the subject individual. The examiners
shall have the specialized knowledge determined by the court to be appropriate
to the needs of the subject individual. The examiners may not be related
to the subject individual by blood, marriage, or adoption and may not have any
interest in his or her property.
2. One of
the examiners appointed under subd. 1.
may be selected by the subject individual if the subject individual makes his
or her selection known to the court within 24 hours after completion of the
hearing to determine probable cause for commitment. The court may deny
the subject individual's selection if the examiner does not meet the
requirements of subd. 1.
or the subject individual's selection is not available.
3. If
requested by the subject individual, the individual's attorney, or any other
interested party with court permission, the individual has a right at his or
her own expense or, if indigent and with approval of the court hearing the
petition, at the reasonable expense of the individual's county of legal
residence, to secure an additional medical or psychological examination and to
offer the evaluator's personal testimony as evidence at the hearing.
4. Prior to
the examination, the subject individual shall be informed that his or her
statements can be used as a basis for commitment, that he or she has the right
to remain silent and that the examiner is required to make a report to the
court even if the subject individual remains silent. The issuance of such
a warning to the subject individual prior to each examination establishes a
presumption that the individual understands that he or she need not speak to
the examiner.
5. The
examiners shall personally observe and examine the subject individual at any
suitable place and satisfy themselves, if reasonably possible, as to the
individual's mental condition, and shall make independent reports to the court.
The subject individual's treatment records shall be available to the
examiners. If the subject individual is not detained pending the hearing,
the court shall designate the time and place where the examination is to be
held and shall require the individual's appearance. A written report
shall be made of all such examinations and filed with the court. The
report and testimony, if any, by the examiners shall be based on beliefs to a
reasonable degree of medical certainty, or professional certainty if an
examiner is a psychologist, in regard to the existence of the conditions
described in sub. (1),
and the appropriateness of various treatment modalities or facilities. If
the examiners are unable to make conclusions to a reasonable degree of medical
or professional certainty, the examiners shall so state in their report and
testimony, if any.
(b)
If the examiner determines that the subject individual is a proper subject for
treatment, the examiner shall make a recommendation concerning the appropriate
level of treatment. Such recommendation shall include the level of
inpatient facility which provides the least restrictive environment consistent
with the needs of the individual, if any, and the name of the facility where
the subject individual should be received into the mental health system.
The court may, prior to disposition, order additional information concerning
such recommended level of treatment to be provided by the staff of the
appropriate county department under s. 51.42
or 51.437,
or by the staff of a public treatment facility if the subject individual is
detained there pending the final hearing.
(c) On
motion of either party, all parties shall produce at a reasonable time and
place designated by the court all physical evidence which each party intends to
introduce in evidence. Thereupon, any party shall be permitted to
inspect, copy, or transcribe such physical evidence in the presence of a person
designated by the court. The order shall specify the time, place and
manner of making the inspection, copies, photographs, or transcriptions, and
may prescribe such terms and conditions as are just. The court may, if the
motion is made by the subject individual, delay the hearing for such period as
may be necessary for completion of discovery.
(a)
Within a reasonable time prior to the final hearing, the petitioner's counsel
shall notify the subject individual and his or her counsel of the time and
place of final hearing. The court may designate additional persons to
receive notice of the time and place of the final hearing. Within a
reasonable time prior to the final hearing, each party shall notify all other
parties of all witnesses he or she intends to call at the hearing and of the
substance of their proposed testimony. The provision of notice of
potential witnesses shall not bar either party from presenting a witness at the
final hearing whose name was not in the notice unless the presentation of the
witness without notice is prejudicial to the opposing party.
(b) Counsel
for the person to be committed shall have access to all psychiatric and other
reports 48 hours in advance of the final hearing.
(c) The
court shall hold a final hearing to determine if the allegations specified in sub. (1)
are true. Except as otherwise provided in this chapter, the rules of
evidence in civil actions and s. 801.01 (2)
apply to any judicial proceeding or hearing under this chapter. The court
shall, in every stage of an action, disregard any error or defect in the
pleadings or proceedings that does not affect the substantial rights of either
party.
(cm) Prior
to or at the final hearing, for individuals for whom a petition is filed under sub. (1) (a)
2. e., the county department under s. 51.42
or 51.437
shall furnish to the court and the subject individual an initial recommended
written treatment plan that contains the goals of treatment, the type of
treatment to be provided, and the expected providers. The treatment plan
shall address the individual's needs for inpatient care, residential services,
community support services, medication and its monitoring, case management, and
other services to enable the person to live in the community upon release from
an inpatient facility. The treatment plan shall contain information
concerning the availability of the needed services and community treatment
providers' acceptance of the individual into their programs. The
treatment plan is only a recommendation and is not subject to approval or
disapproval by the court. Failure to furnish a treatment plan under this
paragraph does not constitute grounds for dismissal of the petition unless the
failure is made in bad faith.
(d) In the
event that the subject individual is not detained and fails to appear for the
final hearing the court may issue an order for the subject individual's
detention and shall hold the final commitment hearing within 7 days from the
time of detention.
(e) At the
request of the subject individual or his or her counsel the final hearing under
par. (c)
may be postponed, but in no case may the postponement exceed 7 calendar days
from the date established by the court under this subsection for the final
hearing.
(a)
If before involuntary commitment a jury is demanded by the individual against
whom a petition has been filed under sub. (1)
or by the individual's counsel if the individual does not object, the court
shall direct that a jury of 6 people be selected to determine if the
allegations specified in sub. (1) (a),
(ar)
or (av)
are true. A jury trial is deemed waived unless demanded at least 48 hours
in advance of the time set for final hearing, if notice of that time has been
previously provided to the subject individual or his or her counsel. If a
jury trial demand is filed within 5 days of detention, the final hearing shall
be held within 14 days of detention. If a jury trial demand is filed
later than 5 days after detention, the final hearing shall be held within 14
days of the date of demand. If an inmate of a state prison, county jail
or house of correction demands a jury trial within 5 days after the probable
cause hearing, the final hearing shall be held within 28 days of the probable
cause hearing. If an inmate of a state prison, county jail or house of
correction demands a jury trial later than 5 days after the probable cause
hearing, the final hearing shall be held within 28 days of the date of demand.
(b) No
verdict shall be valid or received unless agreed to by at least 5 of the
jurors.
(c) Motions
after verdict may be made without further notice upon receipt of the verdict.
(12) Open
hearings; exception. Every hearing which is held under this section
shall be open, unless the subject individual or the individual's attorney,
acting with the individual's consent, moves that it be closed. If the
hearing is closed, only persons in interest, including representatives of
providers of service and their attorneys and witnesses may be present. If the
subject individual is a minor, every hearing shall be closed unless an open
hearing is demanded by the minor through his or her counsel.
(13) Disposition.
(a)
At the conclusion of the proceedings the court shall:
1.
Dismiss the petition; or
2. If the
subject individual is an adult, or is a minor aged 14 years or more who is
developmentally disabled, proceed under s. 51.67
to determine whether the subject individual should receive protective placement
or protective services; or
3. If the
individual is not an inmate of a state prison, county jail or house of
correction and the allegations specified in sub. (1) (a)
are proven, order commitment to the care and custody of the appropriate county
department under s. 51.42
or 51.437,
or if inpatient care is not required order commitment to outpatient treatment
under care of such county department; or
4. If the
individual is an inmate of a state prison and the allegations under sub. (1) (a)
or (ar)
are proven, order commitment to the department and either authorize the
transfer of the inmate to a state treatment facility or if inpatient care is
not needed authorize treatment on an outpatient basis in the prison; or
4m. If the
individual is an inmate of a county jail or house of correction and the
allegations under sub. (1) (a)
or (av)
are proven, order commitment to the county department under s. 51.42
or 51.437
serving the inmate's county of residence or, if the inmate is a nonresident,
order commitment to the department. The order shall either authorize the
transfer of the inmate to a state or county treatment facility or, if inpatient
care is not needed, authorize treatment on an outpatient basis in the jail or
house of correction; or
5. If the allegations specified in sub. (1) (a)
are proven and the subject individual is a nonresident, order commitment to the
department.
(b)
If the petition has been dismissed under par. (a),
the subject individual may agree to remain in any facility in which he or she
was detained pending the hearing for the period of time necessary for
alternative plans to be made for his or her care.
(c) If
disposition is made under par. (a) 3.,
all of the following apply:
1.
The court shall designate the facility or service that is to receive the
subject individual into the mental health system, subject to s. 51.06 (3).
2. The
county department under s. 51.42
or 51.437
shall arrange for treatment in the least restrictive manner consistent with the
requirements of the subject individual in accordance with a court order
designating the maximum level of inpatient facility, if any, that may be used
for treatment, subject to s. 51.06 (3).
3. The
county department under s. 51.42
or 51.437
shall report to the court as to the initial plan of treatment for the subject
individual.
(cm)
If disposition is made under par. (a) 4.
or 4m.
and the inmate is transferred to a state or county treatment facility, the
department or, in the case of a disposition under par. (a) 4m.,
the county department under s. 51.42
or 51.437
may, after evaluating the inmate and developing an appropriate treatment plan,
transfer the inmate back to the prison, county jail or house of correction on a
conditional basis. The inmate shall be informed of the terms and
conditions of the transfer as provided in s. 51.35 (1)
(a). If the inmate does not cooperate with the treatment or if
the inmate is in need of additional inpatient treatment, the department or the
county department under s. 51.42
or 51.437
may return the inmate to a state or county treatment facility.
(cr) If the
subject individual is before the court on a petition filed under a court order
under s. 938.30 (5)
(c) 1. and is found to have committed a violation of s. 940.225
(1) or (2),
948.02 (1)
or (2)
or 948.025,
the court shall require the individual to provide a biological specimen to the
state crime laboratories for deoxyribonucleic acid analysis.
(ct)
1m.
Except as provided in subd. 2m.,
if the subject individual is before the court on a petition filed under a court
order under s. 938.30 (5)
(c) 1. and is found to have committed any violation, or to have
solicited, conspired, or attempted to commit any violation, of ch. 940,
944,
or 948
or ss. 942.08
or 943.01
to 943.15,
the court may require the subject individual to comply with the reporting
requirements under s. 301.45
if the court determines that the underlying conduct was sexually motivated, as
defined in s. 980.01 (5),
and that it would be in the interest of public protection to have the subject
individual report under s. 301.45.
2m. If the
subject individual is before the court on a petition filed under a court order
under s. 938.30 (5)
(c) 1. and is found to have committed a violation, or to have
solicited, conspired, or attempted to commit a violation, of s. 940.22 (2),
940.225 (1),
(2),
or (3),
944.06,
948.02 (1)
or (2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.075,
948.08,
948.095,
948.11 (2)
(a) or (am),
948.12,
948.13,
or 948.30,
or of s. 940.30
or 940.31
if the victim was a minor and the subject individual was not the victim's
parent, the court shall require the individual to comply with the reporting
requirements under s. 301.45
unless the court determines, after a hearing on a motion made by the
individual, that the individual is not required to comply under s. 301.45
(1m).
3. In
determining under subd. 1m.
whether it would be in the interest of public protection to have the subject
individual report under s. 301.45,
the court may consider any of the following:
a.
The ages, at the time of the violation, of the subject individual and the
victim of the violation.
b. The
relationship between the subject individual and the victim of the violation.
c. Whether
the violation resulted in bodily harm, as defined in s. 939.22 (4),
to the victim.
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.
e. The
probability that the subject individual will commit other violations in the
future.
g. Any
other factor that the court determines may be relevant to the particular case.
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.
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.
1.
If the court makes the disposition under par. (a) 3.,
4.,
4m.
or 5.
and the court determines, based on evidence presented on the issue of the
subject individual's dangerousness, that there is a substantial probability
that the individual may use a firearm to cause physical harm to himself or
herself or endanger public safety, the court shall prohibit the individual from
possessing 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.
2. A
prohibition on the possession of a firearm under subd. 1.
shall remain in effect until the commitment order and any subsequent
consecutive commitment orders expire and the court determines, based on
evidence presented on the issue of the subject individual's dangerousness, that
there is no longer a substantial probability that the individual may use a
firearm to cause physical harm to himself or herself or endanger public
safety. If the court makes this determination, it shall cancel the
prohibition and order the return of any firearm ordered seized under subd. 1.
3. In lieu
of ordering the seizure under subd. 1.,
the court may designate a person to store the firearm until the prohibition has
been canceled under sub. (16)
(gm).
4. If the
court prohibits a subject individual from possessing a firearm under subd. 1.
or cancels a prohibition under subd. 2.,
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 involuntary commitment history record search under s. 175.35
(2g) (c). 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 as part of an involuntary commitment history record
search under s. 175.35
(2g) (c).
(d)
A disposition under par. (a) 3.,
4.,
4m.
or 5.
may be modified as provided in s. 51.35.
(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).
(e) The
petitioner has the burden of proving all required facts by clear and convincing
evidence.
(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).
(g)
1. Except as provided in subd. 2.,
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.
2. Any
commitment ordered under par. (a) 3.
to 5.,
following proof of the allegations under sub. (1) (a)
2. d., may not continue longer than 45 days in any 365-day period.
2d.
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.
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.
2g.
The total period a person may be committed pursuant to commitments ordered
under par. (a) 4.
or 4m.,
following proof of the allegations under sub. (1) (ar)
or (av),
may not exceed 180 days in any 365-day period.
2m. In
addition to the provisions under subds. 1.,
2.
and 2g.,
no commitment ordered under par. (a) 4.
or 4m.
may continue beyond the inmate's date of release on parole or extended
supervision, as determined under s. 302.11
or 302.113,
whichever is applicable.
2r.
Twenty-one days prior to expiration of the period of commitment under subd. 1.,
2.,
2g.
or 2m.,
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.
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