SB270,6,1022 51.10 (5) (c) Any patient or resident voluntarily admitted to an inpatient
23treatment facility shall be discharged on request, unless the treatment director or
24the treatment director's designee has reason to believe that the patient or resident
25is dangerous in accordance with the standards provided a standard under s. 51.20

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1(1) (a) 2. or (am) and files a statement of emergency detention under s. 51.15 with the
2court by the end of the next day in which the court transacts business. The patient
3or resident shall be notified immediately when such a statement is to be filed. Prior
4to the filing of a statement, the patient or resident may be detained only long enough
5for the staff of the facility to evaluate the individual's condition and to file the
6statement of emergency detention. This time period may not exceed the end of the
7next day in which the court transacts business. Once a statement is filed, a patient
8or resident may be detained as provided in s. 51.15 (1). The probable cause hearing
9required under s. 51.20 (7) shall be held within 72 hours after the request for
10discharge, excluding Saturdays, Sundays and legal holidays.

SB270,6,1612 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to
13take a child into custody under ch. 48 may take an individual into custody if the
14officer or person has cause to believe that such individual is mentally ill, or, except
15as provided in subd. 5., is drug dependent or developmentally disabled, and that the
16individual evidences any of the following:

SB270,6,2319 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to
20take a child into custody under ch. 48 may take an individual into custody if the
21officer or person has cause to believe that such individual is mentally ill, drug
22dependent or developmentally disabled, and that the individual evidences any of the
23following:

SB270,7,2

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151.15 (1) (a) 5. For an individual who is believed to be mentally ill, all of the
2following:

SB270,7,63 a. Incapability of expressing an understanding of the advantages and
4disadvantages of accepting medication or treatment and of the alternatives to the
5particular medication or treatment offered, after the advantages, disadvantages and
6alternatives have been explained to the individual.

SB270,7,247 b. A substantial probability, as demonstrated by both the individual's
8treatment history and his or her recent acts or omissions, that the individual needs
9care or treatment to prevent further disability or deterioration and a substantial
10probability that he or she will, if left untreated, lack services necessary for his or her
11health or safety and suffers severe mental, emotional or physical harm that will
12result in the loss of the individual's ability to function independently in the
13community or the loss of cognitive or volitional control over his or her thoughts or
14actions. The probability of suffering severe mental, emotional or physical harm is
15not substantial under this subd. 5. b. if reasonable provision for the individual's care
16or treatment is available in the community and there is a reasonable probability that
17the individual will avail himself or herself of these services or if the individual is
18appropriate for protective placement under s. 55.06. Food, shelter or other care that
19is provided to an individual who is substantially incapable of obtaining food, shelter
20or other care for himself or herself by any person other than a treatment facility does
21not constitute provision for the individual's care or treatment in the community
22reasonable under this subd. 5. b. The individual's status as a minor does not
23automatically establish a substantial probability of suffering severe mental,
24emotional or physical harm under this subd. 5. b.

SB270,8,2

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1c. This subdivision does not apply after the last day of the 59th month
2commencing after the effective date of this subdivision .... [revisor inserts date].

SB270,8,54 51.15 (1) (b) (intro.) The officer's or other person's belief shall be based on any
5of the following:

SB270,8,107 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission
8by the individual which is reliably reported to the officer or person by any other
9person, including any probation and parole agent authorized by the department of
10corrections to exercise control and supervision over a probationer or parolee.

SB270,8,1512 51.15 (1) (c) 1. If proposed detention or detention of an individual under par.
13(a) is based on par. (a) 5., the proposed detention or detention shall be reviewed and
14approved or disapproved by the attorney general or by his or her designee prior to
15or within 12 hours after the detention.

SB270,8,1916 2. If the attorney general or his or her designee disapproves or fails to act with
17respect to a proposed detention under subd. 1., the individual may not be detained
18based on par. (a) 5. If the attorney general or his or her designee disapproves or fails
19to act with respect to a detention under subd. 1., the individual shall be released.

SB270,8,2320 3. Subdivisions 1. and 2. do not apply if the attorney general makes a finding
21that a court of competent jurisdiction in this state, in a case in which the
22constitutionality of par. (a) 5. or of s. 51.20 (1) (a) 2. e. has been challenged, has upheld
23the constitutionality of par. (a) 5. or s. 51.20 (1) (a) 2. e.

SB270,8,2524 4. This paragraph does not apply after the last day of the 59th month
25commencing after the effective date of this paragraph .... [revisor inserts date].

SB270,9,52 51.15 (2) Facilities for detention. (intro.) The law enforcement officer or
3other person authorized to take a child into custody under ch. 48 shall transport the
4individual, or cause him or her to be transported, for detention and for treatment if
5permitted under sub. (8) to any of the following facilities:

SB270,9,197 51.15 (4) Detention procedure; Milwaukee county. (a) In counties having a
8population of 500,000 or more, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48 shall sign a statement of
10emergency detention which shall provide detailed specific information concerning
11the recent overt act, attempt or threat to act or omission on which the belief under
12sub. (1) is based and the names of the persons observing or reporting the recent overt
13act, attempt or threat to act or omission. The law enforcement officer or other person
14is not required to designate in the statement whether the subject individual is
15mentally ill, developmentally disabled or drug dependent, but shall allege that he or
16she has cause to believe that the individual evidences one or more of these conditions
17if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed.
18The law enforcement officer or other person shall deliver, or cause to be delivered,
19the statement to the detention facility upon the delivery of the individual to it.

SB270,9,2520 (b) Upon delivery of the individual, the treatment director of the facility, or his
21or her designee, shall determine within 24 hours whether the individual shall be
22detained, or shall be detained and treated, if treatment is permitted under sub. (8),
23and shall either release the individual or detain him or her for a period not to exceed
2472 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal
25holidays. If the treatment director, or his or her designee, determines that the

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1individual is not eligible for commitment under s. 51.20 (1) (a), the treatment director
2shall release the individual immediately, unless otherwise authorized by law. If the
3individual is detained, the treatment director or his or her designee may supplement
4in writing the statement filed by the law enforcement officer or other person, and
5shall designate whether the subject individual is believed to be mentally ill,
6developmentally disabled or drug dependent, if no designation was made by the law
7enforcement officer or other person. The director or designee may also include other
8specific information concerning his or her belief that the individual meets the
9standard for commitment. The treatment director or designee shall then promptly
10file the original statement together with any supplemental statement and
11notification of detention with the court having probate jurisdiction in the county in
12which the individual was taken into custody. The filing of the statement and
13notification has the same effect as a petition for commitment under s. 51.20.

SB270,11,216 51.15 (4) (a) In counties having a population of 500,000 or more, the law
17enforcement officer or other person authorized to take a child into custody under ch.
1848 shall sign a statement of emergency detention which shall provide detailed
19specific information concerning the recent overt act, attempt or threat to act or
20omission on which the belief under sub. (1) is based and the names of the persons
21observing or reporting the recent overt act, attempt or threat to act or omission. The
22law enforcement officer is not required to designate in the statement whether the
23subject individual is mentally ill, developmentally disabled or drug dependent, but
24shall allege that he or she has cause to believe that the individual evidences one or
25more of these conditions. The law enforcement officer or other person shall deliver,

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1or cause to be delivered, the statement to the detention facility upon the delivery of
2the individual to it.

SB270,11,234 51.15 (5) Detention procedure; other counties. In counties having a
5population of less than 500,000, the law enforcement officer or other person
6authorized to take a child into custody under ch. 48 shall sign a statement of
7emergency detention which shall provide detailed specific information concerning
8the recent overt act, attempt or threat to act or omission on which the belief under
9sub. (1) is based and the names of persons observing or reporting the recent overt act,
10attempt or threat to act or omission. The law enforcement officer or other person is
11not required to designate in the statement whether the subject individual is mentally
12ill, developmentally disabled or drug dependent, but shall allege that he or she has
13cause to believe that the individual evidences one or more of these conditions if sub.
14(1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The
15statement of emergency detention shall be filed by the officer or other person with
16the detention facility at the time of admission, and with the court immediately
17thereafter. The filing of the statement has the same effect as a petition for
18commitment under s. 51.20. When, upon the advice of the treatment staff, the
19director of a facility specified in sub. (2) determines that the grounds for detention
20no longer exist, he or she shall discharge the individual detained under this section.
21Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may
22not be detained by the law enforcement officer or other person and the facility for
23more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.

SB270,12,19

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151.15 (5) Detention procedure; other counties. In counties having a
2population of less than 500,000, the law enforcement officer or other person
3authorized to take a child into custody under ch. 48 shall sign a statement of
4emergency detention which shall provide detailed specific information concerning
5the recent overt act, attempt or threat to act or omission on which the belief under
6sub. (1) is based and the names of persons observing or reporting the recent overt act,
7attempt or threat to act or omission. The law enforcement officer is not required to
8designate in the statement whether the subject individual is mentally ill,
9developmentally disabled or drug dependent, but shall allege that he or she has
10cause to believe that the individual evidences one or more of these conditions. The
11statement of emergency detention shall be filed by the officer or other person with
12the detention facility at the time of admission, and with the court immediately
13thereafter. The filing of the statement has the same effect as a petition for
14commitment under s. 51.20. When, upon the advice of the treatment staff, the
15director of a facility specified in sub. (2) determines that the grounds for detention
16no longer exist, he or she shall discharge the individual detained under this section.
17Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may
18not be detained by the law enforcement officer and the facility for more than a total
19of 72 hours, exclusive of Saturdays, Sundays and legal holidays.

SB270,12,2321 51.20 (1) (a) 1. The individual is mentally ill or, except as provided under subd.
222. e., drug dependent, or developmentally disabled and is a proper subject for
23treatment.

SB270,13,2

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151.20 (1) (a) 1. The individual is mentally ill, drug dependent or
2developmentally disabled and is a proper subject for treatment.

SB270,14,24 51.20 (1) (a) 2. e. For an individual who is alleged to be mentally ill, evidences
5incapability of expressing an understanding of the advantages and disadvantages of
6accepting medication or treatment and of the alternatives to the particular
7medication or treatment offered, after the advantages, disadvantages and
8alternatives have been explained to the individual; and evidences a substantial
9probability, as demonstrated by both the individual's treatment history and his or
10her recent acts or omissions, that the individual needs care or treatment to prevent
11further disability or deterioration and a substantial probability that he or she will,
12if left untreated, lack services necessary for his or her health or safety and suffer
13severe mental, emotional or physical harm that will result in the loss of the
14individual's ability to function independently in the community or the loss of
15cognitive or volitional control over his or her thoughts or actions. The probability of
16suffering severe mental, emotional or physical harm is not substantial under this
17subd. 2. e. if reasonable provision for the individual's care or treatment is available
18in the community and there is a reasonable probability that the individual will avail
19himself or herself of these services or if the individual is appropriate for protective
20placement under s. 55.06. Food, shelter or other care that is provided to an individual
21who is substantially incapable of obtaining food, shelter or other care for himself or
22herself by any person other than a treatment facility does not constitute reasonable
23provision for the individual's care or treatment in the community under this subd.
242. e. The individual's status as a minor does not automatically establish a substantial
25probability of suffering severe mental, emotional or physical harm under this subd.

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12.e. This subd. 2. e. does not apply after the last day of the 59th month commencing
2after the effective date of this subd. 2. e. .... [revisor inserts date].

SB270,14,114 51.20 (1) (ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the petition
5shall be reviewed and approved by the attorney general or by his or her designee prior
6to or within 12 hours after the time that it is filed. If the attorney general or his or
7her designee disapproves or fails to act with respect to the petition, the petition may
8not be filed. If the attorney general or his or her designee disapproves or fails to act
9with respect to a petition under this subdivision within 12 hours after the time that
10it is filed, the individual, if detained under the petition, shall be released and the
11petition is void.

SB270,14,1412 2. Subdivision 1. does not apply if the attorney general makes a finding that
13a court of competent jurisdiction in this state, in a case in which the constitutionality
14of par. (a) 2. e. has been challenged, has upheld the constitutionality of par. (a) 2. e.

SB270,14,1615 3. This paragraph does not apply after the last day of the 59th month
16commencing after the effective date of this paragraph .... [revisor inserts date].

SB270,15,1618 51.20 (1) (am) If the individual has been the subject of inpatient treatment for
19mental illness, developmental disability or drug dependency immediately prior to
20commencement of the proceedings as a result of a voluntary admission or a
21commitment or placement ordered by a court under this section or s. 55.06 or 971.17
22or ch. 975, or if the individual has been the subject of outpatient treatment for mental
23illness, developmental disability or drug dependency immediately prior to
24commencement of the proceedings as a result of a commitment ordered by a court
25under this section or s. 971.17 or ch. 975, the requirements of a recent overt act,

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1attempt or threat to act under par. (a) 2. a. or b., a pattern of recent acts or omissions
2under par. (a) 2. c. or e. or recent behavior under par. (a) 2. d. may be satisfied by a
3showing that there is a substantial likelihood, based on the subject individual's
4treatment record, that the individual would be a proper subject for commitment if
5treatment were withdrawn. If the individual has been admitted voluntarily to an
6inpatient treatment facility for not more than 30 days prior to the commencement
7of the proceedings and remains under voluntary admission at the time of
8commencement, the requirements of a specific recent overt act, attempt or threat to
9act or pattern of recent acts or omissions may be satisfied by a showing of an act,
10attempt or threat to act or a pattern of acts or omissions which took place
11immediately previous to the voluntary admission. If the individual is committed
12under s. 971.14 (2) or (5) at the time proceedings are commenced, or has been
13discharged from the commitment immediately prior to the commencement of
14proceedings, acts, attempts, threats, omissions or behavior of the subject individual
15during or subsequent to the time of the offense shall be deemed recent for purposes
16of par. (a) 2.

SB270,16,1619 51.20 (1) (am) If the individual has been the subject of inpatient treatment for
20mental illness, developmental disability or drug dependency immediately prior to
21commencement of the proceedings as a result of a voluntary admission or a
22commitment or placement ordered by a court under this section or s. 55.06 or 971.17
23or ch. 975, or if the individual has been the subject of outpatient treatment for mental
24illness, developmental disability or drug dependency immediately prior to
25commencement of the proceedings as a result of a commitment ordered by a court

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1under this section or s. 971.17 or ch. 975, the requirements of a recent overt act,
2attempt or threat to act under par. (a) 2. a. or b., a pattern of recent acts or omissions
3under par. (a) 2. c. or recent behavior under par. (a) 2. d. may be satisfied by a showing
4that there is a substantial likelihood, based on the subject individual's treatment
5record, that the individual would be a proper subject for commitment if treatment
6were withdrawn. If the individual has been admitted voluntarily to an inpatient
7treatment facility for not more than 30 days prior to the commencement of the
8proceedings and remains under voluntary admission at the time of commencement,
9the requirements of a specific recent overt act, attempt or threat to act or pattern of
10recent acts or omissions may be satisfied by a showing of an act, attempt or threat
11to act or a pattern of acts or omissions which took place immediately previous to the
12voluntary admission. If the individual is committed under s. 971.14 (2) or (5) at the
13time proceedings are commenced, or has been discharged from the commitment
14immediately prior to the commencement of proceedings, acts, attempts, threats,
15omissions or behavior of the subject individual during or subsequent to the time of
16the offense shall be deemed recent for purposes of par. (a) 2.

SB270,17,1418 51.20 (7) (d) If the court determines after hearing that there is probable cause
19to believe that the subject individual is a fit subject for guardianship and protective
20placement or services, the court may, without further notice, appoint a temporary
21guardian for the subject individual and order temporary protective placement or
22services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
23petition had been made for guardianship and protective placement or services. If the
24court orders only temporary protective services for a subject individual under this
25paragraph, the individual shall be provided care only on an outpatient basis. The

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1court may order psychotropic medication as a temporary protective service under
2this paragraph if it finds that there is probable cause to believe that the allegations
3under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse
4psychotropic medication and that the medication ordered will have therapeutic
5value and will not unreasonably impair the ability of the individual to prepare for
6and participate in subsequent legal proceedings. An individual is not competent to
7refuse psychotropic medication if, because of chronic mental illness, the individual
8is incapable of expressing an understanding of the advantages and disadvantages of
9accepting treatment, and the alternatives to accepting the particular treatment
10offered, after the advantages, disadvantages and alternatives have been explained
11to the individual. A finding by the court that there is probable cause to believe that
12the subject individual meets the commitment standard under sub. (1) (a) 2. e.
13constitutes a finding that the individual is not competent to refuse medication or
14treatment under this paragraph.

SB270,18,1017 51.20 (7) (d) If the court determines after hearing that there is probable cause
18to believe that the subject individual is a fit subject for guardianship and protective
19placement or services, the court may, without further notice, appoint a temporary
20guardian for the subject individual and order temporary protective placement or
21services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
22petition had been made for guardianship and protective placement or services. If the
23court orders only temporary protective services for a subject individual under this
24paragraph, the individual shall be provided care only on an outpatient basis. The
25court may order psychotropic medication as a temporary protective service under

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1this paragraph if it finds that there is probable cause to believe that the allegations
2under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse
3psychotropic medication and that the medication ordered will have therapeutic
4value and will not unreasonably impair the ability of the individual to prepare for
5and participate in subsequent legal proceedings. An individual is not competent to
6refuse psychotropic medication if, because of chronic mental illness, the individual
7is incapable of expressing an understanding of the advantages and disadvantages of
8accepting treatment, and the alternatives to accepting the particular treatment
9offered, after the advantages, disadvantages and alternatives have been explained
10to the individual.

SB270,19,612 51.20 (13) (dm) If the court finds that the dangerousness of the subject
13individual is likely to be controlled with appropriate medication administered on an
14outpatient basis, the court may direct in its order of commitment that the county
15department under s. 51.42 or 51.437 or the department may, after a facility evaluates
16the subject individual and develops an appropriate treatment plan, release the
17individual on a conditional transfer in accordance with s. 51.35 (1), with one of the
18conditions being that the individual shall take medication as prescribed by a
19physician, subject to the individual's right to refuse medication under s. 51.61 (1) (g)
20and (h), and that the individual shall report to a particular treatment facility on an
21outpatient basis for evaluation as often as required by the director of the facility or
22the director's designee. A finding by the court that the allegations under sub. (1) (a)
232. e. are proven constitutes a finding that the individual is not competent to refuse
24medication or treatment. The court order may direct that, if the director or his or her
25designee determines that the individual has failed to take the medication as

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1prescribed or has failed to report for evaluation as directed, the director or designee
2may request that the individual be taken into custody by a law enforcement agency
3in accordance with s. 51.39, and that medication, as prescribed by the physician, may
4be administered voluntarily or against the will of the individual under s. 51.61 (1)
5(g) and (h). A court order under this paragraph is effective only as long as the
6commitment is in effect in accordance with par. (h) and s. 51.35 (4).

SB270,20,29 51.20 (13) (dm) If the court finds that the dangerousness of the subject
10individual is likely to be controlled with appropriate medication administered on an
11outpatient basis, the court may direct in its order of commitment that the county
12department under s. 51.42 or 51.437 or the department may, after a facility evaluates
13the subject individual and develops an appropriate treatment plan, release the
14individual on a conditional transfer in accordance with s. 51.35 (1), with one of the
15conditions being that the individual shall take medication as prescribed by a
16physician, subject to the individual's right to refuse medication under s. 51.61 (1) (g)
17and (h), and that the individual shall report to a particular treatment facility on an
18outpatient basis for evaluation as often as required by the director of the facility or
19the director's designee. The court order may direct that, if the director or his or her
20designee determines that the individual has failed to take the medication as
21prescribed or has failed to report for evaluation as directed, the director or designee
22may request that the individual be taken into custody by a law enforcement agency
23in accordance with s. 51.39, and that medication, as prescribed by the physician, may
24be administered voluntarily or against the will of the individual under s. 51.61 (1)

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1(g) and (h). A court order under this paragraph is effective only as long as the
2commitment is in effect in accordance with par. (h) and s. 51.35 (4).

SB270,20,74 51.20 (13) (g) 2d. a. Except as provided in subd. 2d. b., after the 30th day after
5an order of commitment under par. (a) 3. to 5. following proof of the allegations under
6sub. (1) (a) 2. e., the subject individual may, under the order, be treated only on an
7outpatient basis.

SB270,20,138 b. If a subject individual who is committed under par. (a) 3. to 5., following proof
9of the allegations under sub. (1) (a) 2. e., and who is being treated on an outpatient
10basis violates a condition of treatment that is established by the court or a county
11department under s. 51.42, the county department or the department may transfer
12the subject individual under s. 51.35 (1) (e) to an inpatient facility or to an inpatient
13treatment program of a treatment facility for a period not to exceed 30 days.

SB270,20,1514 c. This subdivision does not apply after the last day of the 59th month
15commencing after the effective date of this subdivision .... [revisor inserts date].

SB270,20,2417 51.35 (2) Transfer of certain developmentally disabled patients. The
18department may authorize a transfer of a patient from a center for the
19developmentally disabled to a state treatment facility if such the patient is mentally
20ill and exhibits conduct which constitutes a danger as defined described in s. 51.20
21(1) (a) 2. to himself or herself or to others in the treatment facility where he or she
22is present. The department shall file a statement of emergency detention with the
23committing court within 24 hours after receiving such the person for emergency
24detention. The statement shall conform to the requirements specified in s. 51.15 (4).

SB270,21,12

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151.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
2licensed physician of the department of corrections, who has reason to believe that
3any individual confined in the facility is, in his or her opinion, is mentally ill, drug
4dependent or developmentally disabled, and is dangerous as defined described in s.
551.20 (1) (a) 2., a., b., c. or d., is mentally ill, is dangerous and satisfies the standard
6under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as defined described in
7s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the
8facility, stating the nature and basis of the belief. If the superintendent, upon review
9of the allegations in the report, determines that transfer is appropriate, he or she
10shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise
11jurisdiction under ch. 48 of the county where the correctional facility is located. The
12court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

SB270,22,513 (e) The department may authorize emergency transfer of an individual from
14a juvenile correctional facility to a state treatment facility if there is cause to believe
15that the individual is mentally ill, drug dependent or developmentally disabled and
16exhibits conduct which constitutes a danger as defined in described under s. 51.20
17(1) (a) 2. a., b., c. or d. to the individual or to others, is mentally ill, is dangerous and
18satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous
19as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending
20institution shall execute a statement of emergency detention or petition for
21emergency commitment for the individual and deliver it to the receiving state
22treatment facility. The department shall file the statement or petition with the court
23within 24 hours after the subject individual is received for detention or commitment.
24The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After
25an emergency transfer is made, the director of the receiving facility may file a

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1petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the
2individual to the institution from which the transfer was made. As an alternative
3to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except
4that no prisoner may be released without the approval of the court which directed
5confinement in the correctional facility.

SB270,22,188 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
9licensed physician of the department of corrections, who has reason to believe that
10any individual confined in the facility, in his or her opinion, is mentally ill, drug
11dependent or developmentally disabled and is dangerous as described in s. 51.20 (1)
12(a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2.,
13shall file a written report with the superintendent of the facility, stating the nature
14and basis of the belief. If the superintendent, upon review of the allegations in the
15report, determines that transfer is appropriate, he or she shall file a petition
16according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch.
1748 of the county where the correctional facility is located. The court shall hold a
18hearing according to procedures provided in s. 51.20 or 51.45 (13).

SB270,23,1019 (e) The department may authorize emergency transfer of an individual from
20a juvenile correctional facility to a state treatment facility if there is cause to believe
21that the individual is mentally ill, drug dependent or developmentally disabled and
22exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to
23the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45
24(13) (a) 1. and 2. The correctional custodian of the sending institution shall execute
25a statement of emergency detention or petition for emergency commitment for the

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1individual and deliver it to the receiving state treatment facility. The department
2shall file the statement or petition with the court within 24 hours after the subject
3individual is received for detention or commitment. The statement or petition shall
4conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
5the director of the receiving facility may file a petition for continued commitment
6under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from
7which the transfer was made. As an alternative to this procedure, the procedure
8provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be
9released without the approval of the court which directed confinement in the
10correctional facility.

SB270,24,212 51.37 (5) (a) When a licensed physician or licensed psychologist of a state
13prison, of a county jail or of the department of corrections reports in writing to the
14officer in charge of a jail or institution that any prisoner is, in his or her opinion,
15mentally ill, drug dependent, or developmentally disabled and is appropriate for
16treatment as provided described in s. 51.20 (1), or is an alcoholic and is dangerous
17as provided described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally
18ill, drug dependent, developmentally disabled or is an alcoholic and is in need of
19psychiatric or psychological treatment, and that the prisoner voluntarily consents to
20a transfer for treatment, the officer shall make a written report to the department
21of corrections which may transfer the prisoner if a voluntary application is made and
22the department of health and social services consents. If voluntary application is not
23made, the department of corrections may file a petition for involuntary commitment
24under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution

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1designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the
2individual's sentence.

SB270,24,213 (b) The department of corrections may authorize an emergency transfer of an
4individual from a prison, jail or other criminal detention facility to a state treatment
5facility if there is cause to believe that the individual is mentally ill, drug dependent
6or developmentally disabled and exhibits conduct which constitutes a danger as
7defined described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself or
8herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1) (a)
92. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The
10correctional custodian of the sending institution shall execute a statement of
11emergency detention or petition for emergency commitment for the individual and
12deliver it to the receiving state treatment facility. The department of health and
13social services shall file the statement or petition with the court within 24 hours after
14receiving the subject individual for detention. The statement or petition shall
15conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
16the director of the receiving facility may file a petition for continued commitment
17under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from
18which the transfer was made. As an alternative to this procedure, the emergency
19detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner
20may be released without the approval of the court which directed confinement in the
21institution.

SB270,25,1624 51.37 (5) (b) The department of corrections may authorize an emergency
25transfer of an individual from a prison, jail or other criminal detention facility to a

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1state treatment facility if there is cause to believe that the individual is mentally ill,
2drug dependent or developmentally disabled and exhibits conduct which constitutes
3a danger as described in s. 51.20 (1) (a) 2. of physical harm to himself or herself or
4to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and
52. The correctional custodian of the sending institution shall execute a statement of
6emergency detention or petition for emergency commitment for the individual and
7deliver it to the receiving state treatment facility. The department of health and
8social services shall file the statement or petition with the court within 24 hours after
9receiving the subject individual for detention. The statement or petition shall
10conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
11the director of the receiving facility may file a petition for continued commitment
12under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from
13which the transfer was made. As an alternative to this procedure, the emergency
14detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner
15may be released without the approval of the court which directed confinement in the
16institution.

SB270,26,1118 51.61 (1) (g) 3. Following a final commitment order for a subject individual who
19is determined to meet the commitment standards under s. 51.20 (1) (a) 1. a., b., c. or
20d., have the right to exercise informed consent with regard to all medication and
21treatment unless the committing court or the court in the county in which the
22individual is located, within 10 days after the filing of the motion of any interested
23person and with notice of the motion to the individual's counsel, if any, the individual
24and the applicable counsel under s. 51.20 (4), makes a determination, following a
25hearing, that the individual is not competent to refuse medication or treatment or

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1unless a situation exists in which the medication or treatment is necessary to prevent
2serious physical harm to the individual or others. A report, if any, on which the
3motion is based shall accompany the motion and notice of motion and shall include
4a statement signed by a licensed physician that asserts that the subject individual
5needs medication or treatment and that the individual is not competent to refuse
6medication or treatment, based on an examination of the individual by a licensed
7physician. The hearing under this subdivision shall meet the requirements of s.
851.20 (5), except for the right to a jury trial. At the request of the subject individual,
9the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be
10postponed, but in no case may the postponed hearing be held more than 20 days after
11a motion is filed.

SB270,27,514 51.61 (1) (g) 3. Following a final commitment order, have the right to exercise
15informed consent with regard to all medication and treatment unless the committing
16court or the court in the county in which the individual is located, within 10 days after
17the filing of the motion of any interested person and with notice of the motion to the
18individual's counsel, if any, the individual and the applicable counsel under s. 51.20
19(4), makes a determination, following a hearing, that the individual is not competent
20to refuse medication or treatment or unless a situation exists in which the
21medication or treatment is necessary to prevent serious physical harm to the
22individual or others. A report, if any, on which the motion is based shall accompany
23the motion and notice of motion and shall include a statement signed by a licensed
24physician that asserts that the subject individual needs medication or treatment and
25that the individual is not competent to refuse medication or treatment, based on an

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1examination of the individual by a licensed physician. The hearing under this
2subdivision shall meet the requirements of s. 51.20 (5), except for the right to a jury
3trial. At the request of the subject individual, the individual's counsel or applicable
4counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the
5postponed hearing be held more than 20 days after a motion is filed.

SB270,27,127 51.61 (1) (g) 3m. Following a final commitment order for a subject individual
8who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., the
9court shall issue an order permitting medication or treatment to be administered to
10the individual regardless of his or her consent. This subdivision does not apply after
11the last day of the 59th month commencing after the effective date of this subdivision
12.... [revisor inserts date].

SB270,27,17 14165.017 Review of certain detentions or petitions for commitment. (1)
15The attorney general or his or her designee shall review and approve or disapprove
16all proposed emergency detentions or emergency detentions of individuals as
17specified under s. 51.15 (1) (c) 1.

SB270,27,20 18(2) The attorney general or his or her designee shall review and approve or
19disapprove all proposed petitions or petitions for commitment of individuals as
20specified under s. 51.20 (1) (ad) 1.

SB270,27,24 21(3) Subsection (1) does not apply if the attorney general makes a finding that
22a court of competent jurisdiction in this state, in a case in which the constitutionality
23of s. 51.15 (1) (a) 5. or of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the
24constitutionality of s. 51.15 (1) (a) 5. or s. 51.20 (1) (a) 2. e.

SB270,28,4

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1(4) Subsection (2) does not apply if the attorney general makes a finding that
2a court of competent jurisdiction in this state, in a case in which the constitutionality
3of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.20
4(1) (a) 2. e.

SB270,28,6 5(5) This section does not apply after the last day of the 59th month commencing
6after the effective date of this subsection .... [revisor inserts date].