AB176,4,17

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116.51 (7) Audit claims for expenses in connection with prisoners and
2juveniles in secured correctional facilities. Receive, examine, determine and
3audit claims, duly certified and approved by the department of corrections, from the
4county clerk of any county in behalf of the county, which are presented for payment
5to reimburse the county for certain expenses incurred or paid by it in reference to all
6matters growing out of actions and proceedings involving prisoners in state prisons,
7as defined in s. 302.01, or juveniles in secured correctional facilities, as defined in s.
8938.02 (15m), including prisoners or juveniles transferred to a mental health
9institute for observation or treatment, when the proceedings are commenced in
10counties in which the prisons or secured correctional facilities are located by a
11district attorney or by the prisoner or juvenile as a postconviction remedy or a matter
12involving the prisoner's status as a prisoner or the juvenile's status as a resident of
13a secured correctional facility and for certain expenses incurred or paid by it in
14reference to holding those juveniles in secure custody while those actions or
15proceedings are pending. Expenses shall only include the amounts that were
16necessarily incurred and actually paid and shall be no more than the legitimate cost
17would be to any other county had the offense or crime occurred therein.

AB176,5,1119 16.84 (2) Appoint such number of police officers as is necessary to safeguard
20all public property placed by law in the department's charge, and provide, by
21agreement with any other state agency, police and security services at buildings and
22facilities owned, controlled or occupied by the other state agency. The governor or
23the department may, to the extent it is necessary, authorize police officers employed
24by the department to safeguard state officers, state employes or other persons. A
25police officer who is employed by the department and who is performing duties that

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1are within the scope of his or her employment as a police officer has the powers of a
2peace officer under s. 59.24 59.28, except that the officer has the arrest powers of a
3law enforcement officer under s. 968.07 regardless of whether the violation is
4punishable by forfeiture or criminal penalty. The officer may exercise the powers of
5a peace officer and the arrest powers of a law enforcement officer while located
6anywhere within this state. Nothing in this subsection limits or impairs the duty of
7the chief and each police officer of the police force of the municipality in which the
8property is located to arrest and take before the proper court or magistrate persons
9found in a state of intoxication or engaged in any disturbance of the peace or violating
10any state law in the municipality in which the property is located, as required by s.
1162.09 (13).

AB176,5,1613 19.32 (1e) "Penal facility" means a state prison under s. 302.01, county jail,
14county house of correction or other state, county or municipal correctional institution
15or detention facility operated by the state, by a private person under contract with
16the state or by a county or municipality.

AB176,5,2318 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution,
19as defined in s. 301.01 (4) prison, jail, as defined in s. 165.85 (2) (bg), secured
20correctional facility, as defined in s. 938.02 (15m), secured child caring institution,
21as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12),
22center for the developmentally disabled, as defined in s. 51.01 (3), or the population
23or staff of any of these institutions, facilities or jails.

AB176,6,3

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120.410 (1) (c) Reimbursement claims of counties containing state prisons. A
2sum sufficient to pay all valid claims made by county clerks of counties containing
3state prisons as provided in s. 16.51 (7).

AB176,6,85 20.410 (3) (c) Reimbursement claims of counties containing secured
6correctional facilities. The amounts in the schedule to pay all valid claims made by
7county clerks of counties containing state juvenile secured correctional institutions
8facilities as provided in s. 16.51 (7).

AB176,6,1310 20.410 (9) (c) Witness fees of inmates. The money received in reimbursement
11of expenses incurred in taking inmates of state institutions into court under s. 51.20
12(18) or 782.45 shall be refunded to the appropriations made by sub. (1) (a) for
13operation of the institutions.

AB176,7,1915 20.435 (2) (gk) Institutional operations and charges. The amounts in the
16schedule for care provided by the centers for the developmentally disabled to
17reimburse the cost of providing the services and to remit any credit balances to
18county departments that occur on and after July 1, 1978, in accordance with s. 51.437
19(4rm) (c); for care provided by the mental health institutes, to reimburse the cost of
20providing the services and to remit any credit balances to county departments that
21occur on and after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for
22maintenance of state-owned housing at centers for the developmentally disabled
23and mental health institutes; for repair or replacement of property damaged at the
24mental health institutes or at centers for the developmentally disabled; and for
25reimbursing the total cost of using, producing and providing services, products and

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1care. All moneys received as payments from medical assistance on and after August
21, 1978; as payments from all other sources including other payments under s. 46.10
3and payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical
4assistance payments, other payments under s. 46.10 and payments under s. 51.42
5(3) (as) 2. received on and after January 1, 1979; as payments under s. 51.07 (4); as
6payments for the rental of state-owned housing and other institutional facilities at
7centers for the developmentally disabled and mental health institutes; for the sale
8of electricity, steam or chilled water; as payments in restitution of property damaged
9at the mental health institutes or at centers for the developmentally disabled; for the
10sale of surplus property, including vehicles, at the mental health institutes or at
11centers for the developmentally disabled; and for other services, products and care
12shall be credited to this appropriation, except that any payment under s. 46.10
13received for the care or treatment of patients admitted under s. 51.10, 51.15 or 51.20
14for which the state is liable under s. 51.05 (3), of patients admitted under s. 55.06 (9)
15(d) or (e) for which the state is liable under s. 55.05 (1), of forensic patients committed
16under ch. 971 or 975, admitted under ch. 975 or transferred under s. 51.35 (3) or of
17patients transferred from a state prison under s. 51.37 (5), to Mendota mental health
18institute or Winnebago mental health institute shall be treated as general purpose
19revenue — earned, as defined under s. 20.001 (4).

AB176,8,221 20.917 (5) (a) (intro.) To encourage affirmative action, as defined in s. 230.03
22(2), at the correctional facilities state prisons under s. 302.01, the department of
23corrections may, from the appropriation under s. 20.410 (1) (a), reimburse an
24employe for any of the following expenses incurred during the first 30 days of

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1employment or the first 30 days following successful completion of a preservice
2training program:

AB176,8,11 429.199 Authorizations for certain patients and institutionalized
5persons to fish. The Upon request of the superintendent of the hospital, prison or
6institution, the department shall issue an authorization without charge to a county
7hospital, a state or federal mental hospital, state correctional institution a prison or
8a nonprofit institution located in this state for rehabilitation purposes upon request
9of the superintendent of the institution. The authorization permits a resident of the
10hospital, prison or institution who is supervised by an employe of the hospital, prison
11or institution to fish for fish subject to all other provisions of law.

AB176,8,1713 38.04 (12) Prison inmate educational program. The board may establish
14vocational educational programs for prison inmates within the state correctional
15system and contract with the departments of corrections and health and family
16services for reimbursement of that portion of the district program costs which
17exceeds amounts received as state and federal aid.

AB176,8,2219 38.24 (1m) (d) Programs for inmates. Uniform fees, for vocational programs
20or courses offered to state prison inmates at a district facility by the department of
21corrections or the department of health and family services in cooperation with a
22district board, equal to the fees established under par. (b).

AB176,9,1024 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a
25participating employe who is a police officer, fire fighter, an individual determined

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1by a participating employer under par. (a) or (bm) to be a protective occupation
2participant, county undersheriff, deputy sheriff, state probation and parole officer,
3county traffic police officer, conservation warden, state forest ranger, field
4conservation employe of the department of natural resources who is subject to call
5for forest fire control or warden duty, member of the state traffic patrol, state motor
6vehicle inspector, university of Wisconsin system full-time police officer, guard or
7any other employe whose principal duties are supervision and discipline of inmates
8at a state penal correctional institution, excise tax investigator employed by the
9department of revenue, person employed under s. 61.66 (1), or special criminal
10investigation agent employed by the department of justice.

AB176,9,1912 46.056 (1) The department shall establish the Wisconsin resource center on the
13grounds of the Winnebago mental health institute near Oshkosh. Notwithstanding
14s. 301.03, the department shall have responsibility for administering the center as
15a correctional institution that provides psychological evaluations, specialized
16learning programs, training and supervision for inmates whose behavior presents
17a serious problem to themselves or others in state prisons the correctional institution
18in which they have been detained and whose mental health needs can be met at the
19center.

AB176,9,2421 46.10 (2m) The liability specified in sub. (2) shall not apply to tuberculosis
22patients receiving care, maintenance, services and supplies under ss. 58.06 and
23252.07 to 252.10, to persons 18 and older receiving care, maintenance, services and
24supplies provided by prisons named in s. 302.01 a prison or to parents of a minor who

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1receives care for alcohol or drug abuse under s. 51.47 (1) without consent of the
2minor's parent or guardian.

AB176,10,144 46.22 (1) (c) 2. Subdivision 1. does not authorize the county department of
5social services to make investigations regarding admission to or release from the
6Waupun correctional institution, the Columbia correctional institution, the Racine
7correctional institution, the Racine Youthful Offender Correctional Facility, the
8correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), the
9correctional institution authorized under s. 301.046 (1), the correctional institution
10authorized under s. 301.048 (4) (b), the correctional institution authorized under s.
11301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional
12institution, the Dodge correctional institution, the Taycheedah correctional
13institution, a private prison operating under a contract under s. 301.21 (3), county
14houses of correction, jails, detention homes or reforestation camps.

AB176,11,216 48.366 (8) Transfer to or between facilities. The department of corrections
17may transfer a person subject to an order between secured correctional facilities.
18After the person attains the age of 17 years, the department of corrections may place
19the person in a state prison named in s. 302.01. If the person is 15 years of age or
20over, the department of corrections may transfer the person to the Racine youthful
21offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If
22the department of corrections places a person subject to an order under this section
23in a state prison, that department shall provide services for that person from the
24appropriate appropriation under s. 20.410 (1). The department of corrections may
25transfer a person placed in a state prison under this subsection to or between state

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1prisons named in s. 302.01 as provided under s. 302.18 (1) without petitioning for
2revision of the order under sub. (5) (a).

AB176,11,54 48.78 (2) (d) 3. Subject to an order under s. 48.366 and placed in a state prison
5under s. 48.366 (8).

AB176,11,137 49.32 (7) (d) The department, with assistance from the department of
8corrections, shall conduct a program to periodically match the records of persons in
9the custody of the department of corrections who are confined in state correctional
10facilities a prison with the records of recipients of medical assistance under s. 49.46,
1149.468 or 49.47, aid to families with dependent children under s. 49.19 and the food
12stamp program under 7 USC 2011 to 2029 to identify recipients who may be ineligible
13for benefits.

AB176,11,2015 49.84 (1) Any person who applies for any public assistance shall execute the
16application or self-declaration in the presence of the welfare worker or other person
17processing the application. This subsection does not apply to any superintendent of
18a mental health institute, director of a center for the developmentally disabled,
19superintendent of a state treatment facility or superintendent of a state correctional
20facility institution who applies for public assistance on behalf of a patient.

AB176,12,622 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
2358.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
24938.02 (15m), correctional institutions governed by the department of corrections
25under s. 301.02, private prisons operating under a contract under s. 301.21 (3) and

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1the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448
2are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights
3of the medical examining board, physical therapists affiliated credentialing board,
4podiatrists affiliated credentialing board, dentistry examining board, pharmacy
5examining board, chiropractic examining board and board of nursing in carrying out
6their statutory duties and responsibilities.

AB176,12,228 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition
9may allege that the inmate is mentally ill, is a proper subject for treatment and is
10in need of treatment. The petition shall allege that appropriate less restrictive forms
11of treatment have been attempted with the individual and have been unsuccessful
12and it shall include a description of the less restrictive forms of treatment that were
13attempted. The petition shall also allege that the individual has been fully informed
14about his or her treatment needs, the mental health services available to him or her
15and his or her rights under this chapter and that the individual has had an
16opportunity to discuss his or her needs, the services available to him or her and his
17or her rights with a licensed physician or a licensed psychologist. The petition shall
18include the inmate's sentence and his or her expected date of release as determined
19under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached
20to it a signed statement by a licensed physician or a licensed psychologist of a state
21prison and a signed statement by a licensed physician or a licensed psychologist of
22a state treatment facility attesting either of the following:

AB176,13,224 51.20 (7) (b) If the subject individual is not detained or is an inmate of a state
25prison, county jail or house of correction, the court shall hold a hearing within a

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1reasonable time of the filing of the petition, to determine whether there is probable
2cause to believe the allegations made under sub. (1).

AB176,13,164 51.20 (7) (c) If the court determines that there is probable cause to believe the
5allegations made under sub. (1), it shall schedule the matter for a hearing within 14
6days from the time of detention of the subject individual, except as provided in sub.
7(8) (bg) or (bm) or (11) (a). If a postponement has been granted under par. (a), the
8matter shall be scheduled for hearing within 21 days from the time of detention of
9the subject individual. If the subject individual is not detained under s. 51.15 or this
10section or is an inmate of a state prison, county jail or house of correction, the hearing
11shall be scheduled within 30 days of the hearing to determine probable cause for
12commitment. In the event that the subject individual fails to appear for the hearing
13to determine probable cause for commitment, the court may issue an order for the
14subject individual's detention and shall hold the hearing to determine probable cause
15for commitment within 48 hours, exclusive of Saturdays, Sundays and legal
16holidays, from the time that the individual is detained.

AB176,14,718 51.20 (11) (a) If before involuntary commitment a jury is demanded by the
19individual against whom a petition has been filed under sub. (1) or by the individual's
20counsel if the individual does not object, the court shall direct that a jury of 6 people
21be selected to determine if the allegations specified in sub. (1) (a), (ar) or (av) are true.
22A jury trial is deemed waived unless demanded at least 48 hours in advance of the
23time set for final hearing, if notice of that time has been previously provided to the
24subject individual or his or her counsel. If a jury trial demand is filed within 5 days
25of detention, the final hearing shall be held within 14 days of detention. If a jury trial

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1demand is filed later than 5 days after detention, the final hearing shall be held
2within 14 days of the date of demand. If an inmate of a state prison, county jail or
3house of correction demands a jury trial within 5 days after the probable cause
4hearing, the final hearing shall be held within 28 days of the probable cause hearing.
5If an inmate of a state prison, county jail or house of correction demands a jury trial
6later than 5 days after the probable cause hearing, the final hearing shall be held
7within 28 days of the date of demand.

AB176,14,139 51.20 (13) (a) 3. If the individual is not an inmate of a state prison, county jail
10or house of correction and the allegations specified in sub. (1) (a) are proven, order
11commitment to the care and custody of the appropriate county department under s.
1251.42 or 51.437, or if inpatient care is not required order commitment to outpatient
13treatment under care of such county department; or

AB176,14,1915 51.20 (13) (a) 4. If the individual is an inmate of a state prison and the
16allegations under sub. (1) (a) or (ar) are proven, order commitment to the department
17and either authorize the transfer of the inmate to a state treatment facility or if
18inpatient care is not needed authorize treatment on an outpatient basis in the prison;
19or

AB176,14,2221 51.20 (19) (b) 1. Establishing standards for the use of psychotropic drugs on
22prisoners in a state prison and inmates committed under sub. (1) (ar).

AB176,15,1024 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended
25supervision and parole agent who is responsible for the supervision of an individual

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1who is receiving inpatient or outpatient evaluation or treatment under this chapter
2in a program that is operated by, or is under contract with, the department or a
3county department under s. 51.42 or 51.437, or in a treatment facility, as a condition
4of the probation, extended supervision and parole supervision plan, or whenever
5such an individual is transferred from a state or local correctional facility institution
6to such a treatment program and is then transferred back to the correctional facility
7institution. Every probationer, parolee or person on extended supervision who
8receives evaluation or treatment under this chapter shall be notified of the
9provisions of this subdivision by the individual's probation, extended supervision
10and parole agent. Release of records under this subdivision is limited to:

AB176,15,1412 51.30 (4) (b) 10. c. When an individual is transferred from a treatment facility
13back to a correctional facility institution, the information provided under subd. 10.
14d.

AB176,15,2416 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement
17changes in, the individual's treatment plan or the level and kind of supervision on
18probation, extended supervision or parole, as determined by the director of the
19facility or the treatment director. In cases involving a person transferred back to a
20correctional facility institution, disclosure shall be made to clinical staff only. In
21cases involving a person on probation, extended supervision or parole, disclosure
22shall be made to a probation, extended supervision and parole agent only. The
23department shall promulgate rules governing the release of records under this
24subdivision.

AB176,16,21

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151.35 (3) (a) A licensed psychologist of a juvenile correctional facility
2institution or a secured child caring institution, as defined in s. 938.02 (15g), or a
3licensed physician of the department of corrections, who has reason to believe that
4any individual confined in the facility or institution is, in his or her opinion, in need
5of services for developmental disability, alcoholism or drug dependency or in need of
6psychiatric services, and who has obtained voluntary consent to make a transfer for
7treatment, shall make a report, in writing, to the superintendent of the facility or
8institution, stating the nature and basis of the belief and verifying the consent. In
9the case of a minor age 14 and over, the minor and the minor's parent or guardian
10shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of
11a minor under the age of 14, only the minor's parent or guardian need consent. The
12superintendent shall inform, orally and in writing, the minor and the minor's parent
13or guardian, that transfer is being considered and shall inform them of the basis for
14the request and their rights as provided in s. 51.13 (3). If the department of
15corrections, upon review of a request for transfer, determines that transfer is
16appropriate, that department shall immediately notify the department of health and
17family services and, if the department of health and family services consents, the
18department of corrections may immediately transfer the individual. The
19department of corrections shall file a petition under s. 51.13 (4) (a) in the court
20assigned to exercise jurisdiction under chs. 48 and 938 of the county where the
21treatment facility is located.

AB176,17,1123 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility institution
24or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed
25physician of the department, who has reason to believe that any individual confined

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1in the facility or institution, in his or her opinion, is mentally ill, drug dependent or
2developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2. a., b.,
3c. or d., is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a)
42. e. or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall
5file a written report with the superintendent of the facility or institution, stating the
6nature and basis of the belief. If the superintendent, upon review of the allegations
7in the report, determines that transfer is appropriate, he or she shall file a petition
8according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs.
948 and 938 of the county where the correctional facility institution or secured child
10caring institution is located. The court shall hold a hearing according to procedures
11provided in s. 51.20 or 51.45 (13).

AB176,17,2414 51.35 (3) (c) A licensed psychologist of a juvenile correctional institution or a
15licensed physician of the department of corrections, who has reason to believe that
16any individual confined in the institution, in his or her opinion, is mentally ill, drug
17dependent or developmentally disabled and is dangerous as described in s. 51.20 (1)
18(a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2.,
19shall file a written report with the superintendent of the institution, stating the
20nature and basis of the belief. If the superintendent, upon review of the allegations
21in the report, determines that transfer is appropriate, he or she shall file a petition
22according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch.
2348 of the county where the correctional institution is located. The court shall hold
24a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB176,18,20

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151.35 (3) (e) The department of corrections may authorize emergency transfer
2of an individual from a juvenile correctional facility institution or a secured child
3caring institution, as defined in s. 938.02 (15g), to a state treatment facility if there
4is cause to believe that the individual is mentally ill, drug dependent or
5developmentally disabled and exhibits conduct which constitutes a danger as
6described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is
7mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is
8an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian
9of the sending facility or institution shall execute a statement of emergency
10detention or petition for emergency commitment for the individual and deliver it to
11the receiving state treatment facility. The department of health and family services
12shall file the statement or petition with the court within 24 hours after the subject
13individual is received for detention or commitment. The statement or petition shall
14conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
15the director of the receiving facility may file a petition for continued commitment
16under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or
17institution from which the transfer was made. As an alternative to this procedure,
18the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner
19may be released without the approval of the court which directed confinement in the
20correctional facility institution or secured child caring institution.

AB176,19,1423 51.35 (3) (e) The department may authorize emergency transfer of an
24individual from a juvenile correctional institution to a state treatment facility if
25there is cause to believe that the individual is mentally ill, drug dependent or

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

AB176,19,2516 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment
17facility under par. (a) may request in writing a return to the juvenile correctional
18facility institution or secured child caring institution, as defined in s. 938.02 (15g).
19In the case of a minor under 14 years of age, the parent or guardian may make the
20request. Upon receipt of a request for return from a minor 14 years of age or over,
21the director shall immediately notify the minor's parent or guardian. The minor
22shall be returned to the juvenile correctional facility institution or secured child
23caring institution within 48 hours after submission of the request unless a petition
24or statement is filed for emergency detention, emergency commitment, involuntary
25commitment or protective placement.

AB176,20,162 51.37 (5) (a) When a licensed physician or licensed psychologist of a state
3prison, of a county jail or of the department of corrections reports in writing to the
4officer in charge of a jail or institution that any prisoner is, in his or her opinion,
5mentally ill, drug dependent, or developmentally disabled and is appropriate for
6treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous as described
7in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally ill, drug dependent,
8developmentally disabled or is an alcoholic and is in need of psychiatric or
9psychological treatment, and that the prisoner voluntarily consents to a transfer for
10treatment, the officer shall make a written report to the department of corrections
11which may transfer the prisoner if a voluntary application is made and the
12department of health and family services consents. If voluntary application is not
13made, the department of corrections may file a petition for involuntary commitment
14under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution
15designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the
16individual's sentence.

AB176,21,618 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred
19under this section requires psychiatric or psychological treatment after his or her
20date of release as determined under s. 302.11 or 302.113, whichever is applicable, the
21director of the state treatment facility shall, within a reasonable time before the
22release date of the prisoner or inmate, make a written application to the court which
23committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall
24be upon application made under s. 51.20, but no physician or psychologist who is
25connected with a state prison, Winnebago or Mendota mental health institute or any

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1county jail or house of correction may be appointed as an examiner. If the court does
2not commit the prisoner or inmate, it may dismiss the application and order the
3prisoner or inmate returned to the institution from which he or she was transferred
4until the release date of the prisoner or inmate. If the court commits the prisoner or
5inmate for the period commencing upon his or her release date, the commitment
6shall be to the care and custody of the county department under s. 51.42 or 51.437.

AB176,21,118 51.37 (10) (e) The director of the facility in which the patient under par. (am)
9is detained or committed shall notify the appropriate correctional officers of the
10department of corrections of the intention to grant a home visit or leave under this
11subsection at least 20 days prior to the departure of the patient from the facility.

AB176,21,1813 51.37 (11) When an individual who is in the custody of or under the supervision
14of a correctional officer of the department of corrections is transferred, discharged
15or is on unauthorized absence from a treatment facility, the probation, extended
16supervision and parole agent or other individual within the department of
17corrections who is responsible for that individual's supervision shall be notified as
18soon as possible by the director of the treatment facility.

AB176,21,2320 51.40 (1) (j) "State facility" means a state mental health institute, a center for
21the developmentally disabled, a prison as specified in s. 302.01 or a facility that is
22operated directly by the department of health and family services or the department
23of corrections.

AB176,22,25

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151.42 (3) (as) 1. A county department of community programs shall authorize
2all care of any patient in a state, local or private facility under a contractual
3agreement between the county department of community programs and the facility,
4unless the county department of community programs governs the facility. The need
5for inpatient care shall be determined by the program director or designee in
6consultation with and upon the recommendation of a licensed physician trained in
7psychiatry and employed by the county department of community programs or its
8contract agency. In cases of emergency, a facility under contract with any county
9department of community programs shall charge the county department of
10community programs having jurisdiction in the county where the patient is found.
11The county department of community programs shall reimburse the facility for the
12actual cost of all authorized care and services less applicable collections under s.
1346.036, unless the department of health and family services determines that a
14charge is administratively infeasible, or unless the department of health and family
15services, after individual review, determines that the charge is not attributable to the
16cost of basic care and services. A county department of community programs may
17not reimburse any state institution or receive credit for collections for care received
18therein by nonresidents of this state, interstate compact clients, transfers under s.
1951.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a),
20commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14,
21971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the
22guardianship of the department of health and family services under s. 48.427 or
2348.43 or under the supervision of the department of corrections under s. 938.183 or
24938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and
25indirect costs which are attributable to care and treatment of the client.

AB176,23,52 51.45 (15) (b) No provisions of this section may be deemed to contradict any
3rules or regulations governing the conduct of any inmate of a state or county
4correctional institution who is being treated in an alcoholic treatment program
5within the institution.

AB176,23,227 51.61 (1) (intro.) In this section, "patient" means any individual who is
8receiving services for mental illness, developmental disabilities, alcoholism or drug
9dependency, including any individual who is admitted to a treatment facility in
10accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed
11under this chapter or ch. 48, 55, 971, 975 or 980, or who is transferred to a treatment
12facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those
13conditions through the department or a county department under s. 51.42 or 51.437
14or in a private treatment facility. "Patient" does not include persons committed
15under ch. 975 who are transferred to or residing in any state a prison listed under
16s. 302.01. In private hospitals and in public general hospitals, "patient" includes any
17individual who is admitted for the primary purpose of treatment of mental illness,
18developmental disability, alcoholism or drug abuse but does not include an
19individual who receives treatment in a hospital emergency room nor an individual
20who receives treatment on an outpatient basis at those hospitals, unless the
21individual is otherwise covered under this subsection. Except as provided in sub. (2),
22each patient shall: