Note: Under current law, an individual must be informed at the time of emergency
detention regarding the individual's rights as a person under an emergency detention.
This amendment specifies that the individual must be informed of these rights at the time
the individual in custody arrives at the facility.
AB360,11 10Section 11 . 51.20 (1) (a) 2. c. of the statutes is amended to read:
AB360,11,411 51.20 (1) (a) 2. c. Evidences such impaired judgment, manifested by evidence
12of a pattern of recent acts or omissions, that there is a substantial probability of
13physical impairment or injury to himself or herself or other individuals. The
14probability of physical impairment or injury is not substantial under this subd. 2. c.
15if reasonable provision for the subject individual's protection is available in the
16community and there is a reasonable probability that the individual will avail
17himself or herself of these services, if the individual may be provided protective
18placement or protective services under ch. 55, or, in the case of a minor, if the
19individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13
20(4). The subject individual's status as a minor does not automatically establish a
21substantial probability of physical impairment or injury under this subd. 2. c. Food,

1shelter or other care provided to an individual who is substantially incapable of
2obtaining the care for himself or herself, by a person other than a treatment facility,
3does not constitute reasonable provision for the subject individual's protection
4available in the community under this subd. 2. c.
Note: This amendment modifies the 3rd standard of dangerousness for emergency
detention to allow for detention if there is a substantial probability of injury or
impairment to others due to an individual's impaired judgment.
AB360,12 5Section 12. 51.20 (2) (b) of the statutes is amended to read:
AB360,12,36 51.20 (2) (b) If the subject individual is to be detained, a law enforcement officer
7shall present the subject individual with a notice of hearing, a copy of the petition
8and detention order and a written statement of the individual's right to an attorney,
9a jury trial if requested more than 48 hours prior to the final hearing, the standard
10upon which he or she may be committed under this section and the right to a hearing
11to determine probable cause for commitment within 72 hours after the individual
12arrives at the facility is taken into custody under s. 51.15, excluding Saturdays,
13Sundays and legal holidays. The officer shall orally inform the individual that he or
14she is being taken into custody detained as the result of a petition and detention
15order issued under this chapter. If the individual is not to be detained, the law
16enforcement officer shall serve these documents on the subject individual and shall
17also orally inform the individual of these rights. The individual who is the subject
18of the petition, his or her counsel and, if the individual is a minor, his or her parent
19or guardian, if known, shall receive notice of all proceedings under this section. The
20court may also designate other persons to receive notices of hearings and rights
21under this chapter. Any such notice may be given by telephone. The person giving
22telephone notice shall place in the case file a signed statement of the time notice was
23given and the person to whom he or she spoke. The notice of time and place of a

1hearing shall be served personally on the subject of the petition, and his or her
2attorney, within a reasonable time prior to the hearing to determine probable cause
3for commitment.
AB360,13 4Section 13 . 51.20 (2) (d) of the statutes is amended to read:
AB360,12,125 51.20 (2) (d) Placement shall only be made in a hospital that is approved by the
6department as a detention facility or under contract with a county department under
7s. 51.42 or 51.437, approved public treatment facility, mental health institute, center
8for the developmentally disabled under the requirements of s. 51.06 (3), state
9treatment facility, or in an approved private
treatment facility approved by the
10department or the county department,
if the facility agrees to detain the subject
11individual, or in a state treatment facility. Upon arrival at the facility, the individual
12is considered to be in the custody of the facility.
Note: The amendments to this statute reflect the changes in Section 4 of the draft.
AB360,14 13Section 14 . 51.20 (7) and (8) (b) and (bm) of the statutes are amended to read:
AB360,12,2114 51.20 (7) Probable-cause hearing. (a) After the filing of the petition under
15sub. (1), if the subject individual is detained under s. 51.15 or this section the court
16shall hold a hearing to determine whether there is probable cause to believe the
17allegations made under sub. (1) (a) within 72 hours after the individual arrives at the
18facility
is taken into custody under s. 51.15 or this section, excluding Saturdays,
19Sundays and legal holidays. At the request of the subject individual or his or her
20counsel the hearing may be postponed, but in no case may the postponement exceed
217 days from the date of detention.
Note: Under current law, a hearing to determine probable cause to believe the
allegations in an emergency detention petition must be held within 72 hours after the
individual arrives at the emergency detention facility. This amendment specifies that the
hearing must be held within 72 hours after the individual is taken into custody.
AB360,13,10
1(8) (b) If the court finds the services provided under par. (a) are not available,
2suitable, or desirable based on the condition of the individual, it may issue a
3detention order and the subject individual may be detained pending the hearing as
4provided in sub. (7) (c). Detention may only be in a hospital which is approved by the
5department as a detention facility or under contract with a county department under
6s. 51.42 or 51.437, approved public treatment facility, mental health institute, center
7for the developmentally disabled under the requirements of s. 51.06 (3), state
8treatment facility, or in an approved private
treatment facility approved by the
9department or the county department
if the facility agrees to detain the subject
10individual, or in a state treatment facility.
Note: See the Note to Section 4.
AB360,14,5 11(8) (bm) If, within 90 days from the date of the waiver under par. (bg), the
12subject individual fails to comply with the settlement agreement approved by the
13court under par. (bg), the counsel designated under sub. (4) may file with the court
14a statement of the facts which constitute the basis for the belief that the subject
15individual is not in compliance. The statement shall be sworn to be true and may be
16based on the information and belief of the person filing the statement. Upon receipt
17of the statement of noncompliance, the court may issue an order to detain the subject
18individual pending the final disposition. If the subject individual is detained under
19this paragraph, the court shall hold a probable cause hearing within 72 hours from
20the time of detention that the person is taken into custody under s. 51.15 for this
21paragraph
, excluding Saturdays, Sundays and legal holidays or, if the probable
22cause hearing was held prior to the approval of the settlement agreement under par.
23(bg), the court shall hold a final hearing within 14 days from the time of detention.
24If a jury trial is requested later than 5 days after the time of detention under this

1paragraph, but not less than 48 hours before the time of the final hearing, the final
2hearing shall be held within 21 days from the time of detention. The facts alleged
3as the basis for commitment prior to the waiver of the time periods for hearings under
4par. (bg) may be the basis for a finding of probable cause or a final disposition at a
5hearing under this paragraph.
Note: Under current law, an individual who is the subject of a petition for
commitment may waive the required time periods for probable cause and final hearings
and be ordered to obtain treatment under a settlement agreement. If the individual fails
to comply with the settlement agreement, the individual may be detained for a period not
to exceed 72 hours. This amendment provides that the probable cause hearing must be
held within 72 hours from the time that the person is taken into custody.
AB360,15 6Section 15. 51.20 (13) (g) 1. of the statutes is amended to read:
AB360,14,107 51.20 (13) (g) 1. Except as provided in subd. 2., the The first order of
8commitment of a subject individual under this section may be for a period not to
9exceed 6 months, and all subsequent consecutive orders of commitment of the
10individual may be for a period not to exceed one year.
AB360,16 11Section 16 . 51.20 (13) (g) 2. of the statutes is repealed.
Note: Section 51.20 (13) (g) 2. applies to persons involuntarily committed based
on the 4th standard of dangerousness and states as follows:
"51.20 (13) (g) 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."
AB360,17 12Section 17 . 51.20 (13) (g) 2m. of the statutes is repealed.
Note: Section 51.20 (13) (g) 2m. states as follows:
"51.20 (13) (g) 2m. In addition to the provisions under subds. 1. and 2., 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."
AB360,18 13Section 18. 51.20 (13) (g) 2r. of the statutes is amended to read:
AB360,15,1014 51.20 (13) (g) 2r. Twenty-one days prior to expiration of the period of
15commitment under subd. 1., 2., or 2m., the department, if the individual is committed
16to the department, or the county department to which an individual is committed

1shall file an evaluation of the individual and the recommendation of the department
2or county department regarding the individual's recommitment with the committing
3court and provide a copy of the evaluation and recommendation to the individual's
4counsel and the counsel designated under sub. (4). If the date for filing an evaluation
5and recommendation under this subdivision falls on a Saturday, Sunday or legal
6holiday, the date which is not a Saturday, Sunday or legal holiday and which most
7closely precedes the evaluation and recommendation filing date shall be the filing
8date. A failure of the department or the county department to which an individual
9is committed to file an evaluation and recommendation under this subdivision does
10not affect the jurisdiction of the court over a petition for recommitment.
AB360,19 11Section 19 . 905.04 (4) (a) of the statutes is amended to read:
AB360,15,2412 905.04 (4) (a) Proceedings for hospitalization commitment, guardianship,
13protective services, or protective placement or for control, care, or treatment of a
14sexually violent person.
There is no privilege under this rule as to communications
15and information relevant to an issue in probable cause or final proceedings to
16hospitalize commit the patient for mental illness under s. 51.20, to appoint a
17guardian in this state, for court-ordered protective services or protective placement,
18for review of guardianship, protective services, or protective placement orders, or for
19control, care, or treatment of a sexually violent person under ch. 980, if the physician,
20registered nurse, chiropractor, psychologist, social worker, marriage and family
21therapist, or professional counselor in the course of diagnosis or treatment has
22determined that the patient is in need of hospitalization commitment, guardianship,
23protective services, or protective placement or control, care, and treatment as a
24sexually violent person.

Note: This amendment changes a reference from "hospitalization" to
"commitment," in the statute that provides that there is no evidentiary privilege as to
communications and information relevant to an issue in probable cause or final
proceedings in a commitment proceeding under s. 51.20, stats.
AB360,16,11 (End)
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