LRBa2485/2
DAK:kmg:jlb
1995 - 1996 LEGISLATURE
SENATE AMENDMENT 1,
To 1995 SENATE BILL 270
November 1, 1995 - Offered by
Committee on Health, Human Services and Aging.
SB270-SA1,1,6
43. Page 6, line 24: delete "who is believed to be mentally ill" and substitute:
5", other than an individual who is believed to be drug dependent or developmentally
6disabled".
SB270-SA1,1,13
8"a. After the advantages and disadvantages of and alternatives to accepting a
9particular medication or treatment have been explained to him or her, either
10incapability of expressing an understanding of the advantages, disadvantages and
11alternatives, or substantial incapability of applying an understanding of the
12advantages, disadvantages and alternatives in order to make an informed choice as
13to whether to accept or refuse medication or treatment.".
SB270-SA1,2,3
16. Page 13, line 1: delete "who is alleged to be mentally ill, evidences" and
2substitute: "other than an individual who is alleged to be drug dependent or
3developmentally disabled,".
SB270-SA1,2,10
47. Page 13, line 2: delete lines 2 to 5 and substitute: "after the advantages and
5disadvantages of and alternatives to accepting a particular medication or treatment
6have been explained to him or her, evidences either incapability of expressing an
7understanding of the advantages, disadvantages and alternatives, or substantial
8incapability of applying an understanding of the advantages, disadvantages and
9alternatives in order to make an informed choice as to whether to accept or refuse
10medication or treatment; and evidences a substantial probability, as demon-".
SB270-SA1,2,12
12"
Section 30g. 51.61 (1) (g) 2. of the statutes is amended to read:
SB270-SA1,3,413
51.61
(1) (g) 2. At or after the hearing to determine probable cause for
14commitment but prior to the final commitment order
, other than for a subject
15individual who is alleged to meet the commitment standard under s. 51.20 (1) (a) 2.
16e., the court shall, upon the motion of any interested person, and may, upon its own
17motion, hold a hearing to determine whether there is probable cause to believe that
18the individual is not competent to refuse medication or treatment and whether the
19medication or treatment will have therapeutic value and will not unreasonably
20impair the ability of the individual to prepare for or participate in subsequent legal
21proceedings. If the court determines that there is probable cause to believe the
22allegations under this subdivision, the court shall issue an order permitting
23medication or treatment to be administered to the individual regardless of his or her
24consent. The order shall apply to the period between the date of the issuance of the
1order and the date of the final order under s. 51.20 (13), unless the court dismisses
2the petition for commitment or specifies a shorter period. The hearing under this
3subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury
4trial.
SB270-SA1, s. 30h
5Section 30h. 51.61 (1) (g) 2. of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is repealed and recreated to read:
SB270-SA1,3,207
51.61
(1) (g) 2. At or after the hearing to determine probable cause for
8commitment but prior to the final commitment order, the court shall, upon the
9motion of any interested person, and may, upon its own motion, hold a hearing to
10determine whether there is probable cause to believe that the individual is not
11competent to refuse medication or treatment and whether the medication or
12treatment will have therapeutic value and will not unreasonably impair the ability
13of the individual to prepare for or participate in subsequent legal proceedings. If the
14court determines that there is probable cause to believe the allegations under this
15subdivision, the court shall issue an order permitting medication or treatment to be
16administered to the individual regardless of his or her consent. The order shall apply
17to the period between the date of the issuance of the order and the date of the final
18order under s. 51.20 (13), unless the court dismisses the petition for commitment or
19specifies a shorter period. The hearing under this subdivision shall meet the
20requirements of s. 51.20 (5), except for the right to a jury trial.".
SB270-SA1,3,23
219. Page 25, line 11: on lines 11 to 13, delete the underscored material and
22substitute: "
, other than for a subject individual who is determined to meet the
23commitment standard under s. 51.20 (1) (a) 2. e.".
SB270-SA1,4,13
6(1) Review of certain emergency detentions and certain petitions. The
7authorized FTE positions for the department of justice are increased by 1.5 GPR
8project positions to review and approve or disapprove certain proposed emergency
9detentions or emergency detentions, as required under section 51.15 (1) (c) 1. and 2.
10of the statutes, as created by this act, and certain proposed petitions, or petitions, as
11required under section 51.20 (1) (ad) 1. of the statutes, as created by this act, for the
12period beginning on July 1, 1996, and ending on June 30, 1998, to be funded from the
13appropriation under section 20.455 (1) (a) of the statutes.
SB270-SA1,4,19
15(1) Review of certain emergency detentions and certain petitions. In the
16schedule under section 20.005 (3) of the statutes for the appropriation to the
17department of justice under section 20.455 (1) (a) of the statutes, as affected by the
18acts of 1995, the dollar amount is increased by $80,200 for fiscal year 1996-97 to fund
191.5 FTE GPR project positions authorized under
Section 35m (1) of this act.".
