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].