Wisconsin Legislature: 203,54m

203,50 Section 50. 55.001 of the statutes is amended to read:

55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors or the Milwaukee County mental health board, as applicable, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

203,51 Section 51. 59.53 (7) of the statutes is amended to read:

59.53 (7) Initiative to provide coordinated services. The Except in Milwaukee County, the board may establish an initiative to provide coordinated services under s. 46.56.

203,52 Section 52. 59.53 (25) of the statutes is created to read:

59.53 (25) Milwaukee County mental health. The Milwaukee County board has no jurisdiction and may not take any actions, including under ss. 59.52 (6) and (31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and services.

203,53 Section 53 . Nonstatutory provisions.

(1) Initial terms of the Milwaukee County mental health board. Notwithstanding the length of terms for the members of the Milwaukee County mental health board specified in sections 15.07 (1) (cm) and 15.195 (9) of the statutes the initial members, other than the members approved under section 15.195 (9) (b) 10. and 11. of the statutes, as created by this act, shall be appointed for the following terms:

(a) Three members, as designated by the governor, specified under section 15.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1, 2016.

(b) Three members, as designated by the governor, specified under section 15.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1, 2017.

(c) Three members, as designated by the governor, specified under section 15.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1, 2018.

(d) The members specified under section 15.195 (9) (c) of the statutes, as created by this act, for terms that expire on May 1, 2017.

(2) Provisional appointments to the Milwaukee County mental health board.

(a) Notwithstanding section 15.07 (1) (b) 24. of the statutes, as created by this act, within 60 days after the effective date of this act, the governor shall provisionally appoint initial members of the Milwaukee County mental health board under section 15.195 (9) of the statutes, as created by this act. Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee under this paragraph may exercise all the powers and duties of the office to which the person is appointed during the time in which the appointee qualifies.

(b) A provisional appointment made under paragraph (a) that is withdrawn by the governor lapses and such withdrawal creates a vacancy for provisional appointment of a replacement initial member of the Milwaukee County mental health board. Any provisional appointment made under paragraph (a ) that is rejected by the senate lapses and such rejection creates a vacancy for nomination and appointment under section 15.07 (1) (b) 24. of the statutes, as created by this act, of a replacement initial board member.

(2d) County-based Milwaukee County mental health board; transfer of board member appointments. Notwithstanding section 51.41 (1d) of the statutes, as created by this act, on January 1, 2015, the Milwaukee County executive shall appoint the individuals who are appointed to the state-based Milwaukee County mental health board under section 15.195 (9) of the statutes, as created by this act, as of December 31, 2014, to the county-based Milwaukee County mental health board as created in section 51.41 (1d) of the statutes, as created by this act, to serve the remainder of their terms as specified under subsection (1). Beginning January 1, 2015, the Milwaukee County executive shall make appointments to the Milwaukee County mental health board in accordance with section 51.41 (1d) of the statutes, as created by this act, to fill board vacancies and to fill positions when the term of a board member expires.

(3) Jurisdiction of the Milwaukee County mental health board. The mental health functions, programs, and services over which the Milwaukee County mental health board has jurisdiction upon appointment of the Milwaukee County mental health board are those functions, programs, and services that Milwaukee County included in its 2014 budget under the behavioral health division unit 6300 and under the behavioral health community services branch of unit 8700.

(4) Audit and report by department of health services.

(a) The department of health services shall perform or arrange for an operational and programmatic audit of the behavioral health division of the Milwaukee County department of health and human services, the psychiatric hospital of the Milwaukee County mental health complex, and the related behavioral health programs. The audit shall include recommendations for the state assuming oversight responsibility for emergency detention services and the psychiatric hospital of the Milwaukee County Mental Health Complex, developing a plan for closing the Milwaukee County Mental Health Complex, and developing a plan for state oversight of a regional facility for the delivery of institutional, inpatient, crisis services, and behavioral health services using similar state-operated regional facilities as a model. In addition, the audit shall provide details and specifications on how, after the transitioning of the county-run institutional model to a state-based regionalized model, the state-based Milwaukee County mental health board will transition to a county-based board, the positions on the Milwaukee County mental health board will transition to a community-based focus, the funding for inpatient services and community-based services will continue, and mental health services will be delivered in a manner that reflects all of the following principles:

1. Community-based, person-centered, recovery-oriented mental health systems.

2. Maximizing comprehensive community-based services.

3. Prioritizing access to community-based services and reducing reliance on institutional and inpatient care.

4. Protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible.

5. Providing early intervention to minimize the length and depth of psychotic and other mental health episodes.

6. Diverting people experiencing mental illness from the corrections system when appropriate.

7. Maximizing use of mobile crisis units and crisis intervention training.

(b) The department of health services may enter into a contract for the performance of the audit under paragraph (a). By December 1, 2014, the department of health services or the person with whom the department of health services has entered into a contract for the audit under paragraph (a) shall submit a report of the findings of the audit under paragraph (a), including recommendations for inpatient mental health treatment in Milwaukee County, to the secretary of health services. The secretary of health services shall submit a copy of the report to the Milwaukee County mental health board, the Milwaukee County board of supervisors, the Milwaukee County executive, and the legislature under section 13.172 (2) of the statutes.

(c) The Milwaukee County mental health board, the behavioral health division and the community services branch of the Milwaukee County department of health and human services, and any other Milwaukee County governmental unit that has information necessary for the performance of the audit under paragraph (a ) shall cooperate with the department of health services or the contractor of the department of health services for the performance of the audit.

203,54m Section 54m.0 Effective dates. This act takes effect on the day after publication, except as follows:

(1) Transition to county-based Milwaukee County mental health board. The treatment of sections 15.07 (1) (cm) (by Section 3d), 19.42 (7w) (e), 46.011 (1s), and 51.41 (1d), (3) (by Section 35m), and (5) (a) and (b) (by Section 35m) of the statutes and the repeal of sections 15.07 (1) (b) 24. and (3) (bm) 7., 15.195 (9), 17.07 (3r), 20.435 (5) (kf), and 51.41 (6) of the statutes take effect on January 1, 2015.