AB383,7 11Section 7. 20.435 (2) (bj) of the statutes is amended to read:
AB383,19,2112 20.435 (2) (bj) Competency examinations and treatment, and conditional
13release, supervised release, and community supervision services.
Biennially, the
14amounts in the schedule for outpatient competency examinations and treatment
15services; and for payment by the department of costs for treatment and services for
16persons released under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
17971.17 (3) (d) or (4) (e) 975.57, 975.59, or 980.08 (4) (g) or for persons who are inmates
18of the department of corrections who are released on community supervision, for
19which the department has contracted with county departments under s. 51.42 (3)
20(aw) 1. d., with other public agencies, or with private agencies to provide the
21treatment and services.
AB383,8 22Section 8. 20.435 (2) (gk) of the statutes is amended to read:
AB383,21,423 20.435 (2) (gk) Institutional operations and charges. The amounts in the
24schedule for care, other than under s. 51.06 (1r), provided by the centers for the
25developmentally disabled, to reimburse the cost of providing the services and to

1remit any credit balances to county departments that occur on and after
2July 1, 1978, in accordance with s. 51.437 (4rm) (c); for care, other than under s.
346.043, provided by the mental health institutes, to reimburse the cost of providing
4the services and to remit any credit balances to county departments that occur on and
5after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for maintenance of
6state-owned housing at centers for the developmentally disabled and mental health
7institutes; for repair or replacement of property damaged at the mental health
8institutes or at centers for the developmentally disabled; and for reimbursing the
9total cost of using, producing, and providing services, products, and care. All moneys
10received as payments from medical assistance on and after August 1, 1978; as
11payments from all other sources including other payments under s. 46.10 and
12payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical
13assistance payments, other payments under s. 46.10, and payments under s. 51.42
14(3) (as) 2. received on and after January 1, 1979; as payments for the rental of
15state-owned housing and other institutional facilities at centers for the
16developmentally disabled and mental health institutes; for the sale of electricity,
17steam, or chilled water; as payments in restitution of property damaged at the
18mental health institutes or at centers for the developmentally disabled; for the sale
19of surplus property, including vehicles, at the mental health institutes or at centers
20for the developmentally disabled; and for other services, products, and care shall be
21credited to this appropriation, except that any payment under s. 46.10 received for
22the care or treatment of patients admitted under s. 51.10, 51.15, or 51.20 for which
23the state is liable under s. 51.05 (3), of forensic patients committed under ch. 971 975,
242011 stats.,
or ch. 975, admitted under ch. 975, 2011 stats., or transferred under s.
2551.35 (3), or of patients transferred from a state prison under s. 51.37 (5), to the

1Mendota Mental Health Institute or the Winnebago Mental Health Institute shall
2be treated as general purpose revenue — earned, as defined under s. 20.001 (4); and
3except that moneys received under s. 51.06 (6) may be expended only as provided in
4s. 13.101 (17).
AB383,9 5Section 9. 20.550 (1) (f) of the statutes is amended to read:
AB383,21,106 20.550 (1) (f) Transcripts, discovery, and interpreters. The amounts in the
7schedule for the costs of interpreters and discovery materials and for the
8compensation of court reporters or clerks of circuit court for preliminary
9examination, trial, and appeal transcripts, and the payment of related costs under
10s. 967.06 (3) 977.072.
AB383,10 11Section 10. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB383,21,2112 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
13prosecutor may proceed upon a complaint based upon a violation of any combination
14of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
15person is charged with violating any combination of subd. 1., 2., or 2m. in the
16complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found
17guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same
18incident or occurrence, there shall be a single conviction for purposes of sentencing
19and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
201., 2., and 2m. each require proof of a fact for conviction which the others do not
21require.
AB383,11 22Section 11. 23.56 (1) of the statutes is amended to read:
AB383,22,423 23.56 (1) A person may be arrested for a violation of those statutes enumerated
24in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
25Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances

1enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after
2a warrant that substantially complies with s. 968.04 969.20 has been issued. Except
3as provided in sub. (2), the person arrested shall be brought without unreasonable
4delay before a court having jurisdiction to try the action.
AB383,12 5Section 12. 23.65 (2) of the statutes is amended to read:
AB383,22,96 23.65 (2) The complaint shall be prepared in the form specified in s. 23.55.
7After a complaint is prepared, it shall be filed with the judge and a summons shall
8be issued or the complaint shall be dismissed pursuant to s. 968.03 969.20. Such
9filing commences the action.
AB383,13 10Section 13. 29.921 (6) of the statutes is amended to read:
AB383,22,1411 29.921 (6) Search warrants; subpoenas. In executing search warrants and
12subpoenas under this chapter where the penalty for the violation is a forfeiture, the
13department shall use procedures which comply with ss. 968.12 968.465, 968.485,
14968.495, 968.506, 968.605, 968.615,
and 968.135 to 968.19 968.705.
AB383,14 15Section 14. 29.938 (2) of the statutes is amended to read:
AB383,22,1716 29.938 (2) Property turned over to the department under s. 968.20 (3) 175.27
17(1)
.
AB383,15 18Section 15. 29.972 (1) (a) of the statutes is amended to read:
AB383,22,2019 29.972 (1) (a) Fails to respond to a summons under s. 23.66 (3) or 23.67 (4), or
20a warrant or summons under s. 968.04 969.20.
AB383,16 21Section 16. 29.972 (1) (c) of the statutes is amended to read:
AB383,22,2322 29.972 (1) (c) Fails to appear before the court and is subject to a bench warrant
23under s. 968.09 969.50.
AB383,17 24Section 17. 29.974 (1) of the statutes is amended to read:
AB383,23,10
129.974 (1) If a person is convicted of any violation of this chapter, of s. 167.31
2(2) or (3) or of a rule promulgated under s. 167.31 (4m), and it is alleged in the
3indictment, information or complaint, and proved or admitted on trial or ascertained
4by the court after conviction that the person was previously convicted within a period
5of 5 years for a violation of this chapter, of s. 167.31 (2) or (3) or of a rule promulgated
6under s. 167.31 (4m) by any court of this state, the person shall be fined not more than
7$100, or imprisoned not more than 6 months or both. In addition, all hunting, fishing
8and trapping approvals issued to the person shall be revoked and no hunting, fishing
9or trapping approval may be issued to the person for a period of one year after the
102nd conviction.
AB383,18 11Section 18. 29.974 (2) (b) of the statutes is amended to read:
AB383,23,2012 29.974 (2) (b) When any person is convicted and it is alleged in the indictment,
13information
or complaint and proved or admitted on trial or ascertained by the court
14after conviction that the person had been before convicted 3 times within a period of
153 years for violations of this chapter or department order punishable under s. 29.501
16(10), 29.601 (1) or 29.971 (5), or for violation of s. 29.539, or for violation of any statute
17or department order regulating the taking or possession of any wild animal or
18carcass during the closed season or any combination of those violations by any court
19of this state, and that the convictions remain of record and unreversed, the person
20shall be fined not more than $2,000 or imprisoned for not more than 9 months or both.
AB383,19 21Section 19. 30.681 (2) (c) of the statutes is amended to read:
AB383,24,622 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
23may proceed upon a complaint based upon a violation of any combination of par. (a)
24or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
25is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the

1complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found
2guilty of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
3incident or occurrence, there shall be a single conviction for purposes of sentencing
4and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs
5(a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which the others
6do not require.
AB383,20 7Section 20. 46.10 (2) of the statutes is amended to read:
AB383,25,118 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
9including but not limited to a person admitted, committed, protected, or placed under
10s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
11stats., and s. 55.06, 2003 stats., and ss. or s. 975.06, 2011 stats., or s. 51.10, 51.13,
1251.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12,
1355.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and or 980.06, or ch. 975,
14receiving care, maintenance, services and supplies provided by any institution in
15this state including University of Wisconsin Hospitals and Clinics, in which the state
16is chargeable with all or part of the person's care, maintenance, services and
17supplies, any person receiving care and services from a county department
18established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and
19any person receiving treatment and services from a public or private agency under
20s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e)
21975.57 (4), 975.59, or 980.08 (4) (g) and the person's property and estate, including
22the homestead, and the spouse of the person, and the spouse's property and estate,
23including the homestead, and, in the case of a minor child, the parents of the person,
24and their property and estates, including their homestead, and, in the case of a
25foreign child described in s. 48.839 (1) who became dependent on public funds for his

1or her primary support before an order granting his or her adoption, the resident of
2this state appointed guardian of the child by a foreign court who brought the child
3into this state for the purpose of adoption, and his or her property and estate,
4including his or her homestead, shall be liable for the cost of the care, maintenance,
5services and supplies in accordance with the fee schedule established by the
6department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated
7person may be lawfully dependent upon the property for their support, the court
8shall release all or such part of the property and estate from the charges that may
9be necessary to provide for those persons. The department shall make every
10reasonable effort to notify the liable persons as soon as possible after the beginning
11of the maintenance, but the notice or the receipt thereof is not a condition of liability.
AB383,21 12Section 21. 46.90 (6) (bt) 8. of the statutes is amended to read:
AB383,25,1613 46.90 (6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk
14who is the alleged victim named in the record, to assist in preparing for any
15proceeding under ch. 975, 2011 stats., or ch. 48, 51, 54, 55, 813, 971, or 975 pertaining
16to the alleged victim.
AB383,22 17Section 22. 48.31 (2) of the statutes is amended to read:
AB383,26,1318 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
19guardian, or legal custodian, the unborn child by the unborn child's guardian ad
20litem, or the expectant mother of the unborn child exercises the right to a jury trial
21by demanding a jury trial at any time before or during the plea hearing. If a jury trial
22is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6
23persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall
24consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and
25805 shall govern the selection of jurors. If the hearing involves a child victim or

1witness, as defined in s. 950.02, the court may order that a deposition be taken by
2audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to
3(10) and, with the district attorney, shall comply with s. 971.105
967.22. At the
4conclusion of the hearing, the court or jury shall make a determination of the facts,
5except that in a case alleging a child or an unborn child to be in need of protection
6or services under s. 48.13 or 48.133, the court shall make the determination under
7s. 48.13 (intro.) or 48.133 relating to whether the child or unborn child is in need of
8protection or services that can be ordered by the court. If the court finds that the child
9or unborn child is not within the jurisdiction of the court or, in a case alleging a child
10or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that
11the child or unborn child is not in need of protection or services that can be ordered
12by the court or if the court or jury finds that the facts alleged in the petition have not
13been proved, the court shall dismiss the petition with prejudice.
AB383,23 14Section 23. 48.315 (4) of the statutes is created to read:
AB383,26,2215 48.315 (4) The court and the representative of the public under s. 48.09 shall
16take appropriate action to ensure a speedy fact-finding and dispositional hearing in
17order to minimize the time during which any victim of the abuse or neglect addressed
18at the hearing or any witness, as defined in s. 950.02 (5), who is a child must endure
19the stress of his or her involvement in the proceeding. In ruling on any motion or
20other request for any continuance or delay of the proceedings, the court shall consider
21and give weight to any adverse impact the delay or continuance may have on the
22well-being of the victim or any child witness.
AB383,24 23Section 24. 48.366 (1) (b) of the statutes is amended to read:
AB383,27,324 48.366 (1) (b) Subject to par. (c), if the person committed a crime specified in
25s. 940.20 (1) or 946.43 while placed in a juvenile correctional facility and is adjudged

1delinquent on that basis following transfer of jurisdiction under s. 970.032 971.75 (5),
2the court shall enter an order extending its jurisdiction until the person reaches 21
3years of age or until termination of the order under sub. (6), whichever occurs earlier.
AB383,25 4Section 25. 48.396 (2) (dr) of the statutes is amended to read:
AB383,27,105 48.396 (2) (dr) Upon request of the department of corrections or any other
6person preparing a presentence investigation under s. 972.15 973.004 to review court
7records for the purpose of preparing the presentence investigation, the court shall
8open for inspection by any authorized representative of the requester the records of
9the court relating to any child who has been the subject of a proceeding under this
10chapter.
AB383,26 11Section 26. 48.78 (2) (d) 1. of the statutes is amended to read:
AB383,27,1312 48.78 (2) (d) 1. The subject of a presentence investigation under s. 972.15
13973.004.
AB383,27 14Section 27. 48.981 (1) (b) of the statutes is amended to read:
AB383,28,515 48.981 (1) (b) "Community placement" means probation; extended supervision;
16parole; aftercare; conditional transfer into the community under s. 51.35 (1);
17conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential
18care center for children and youth or a Type 2 juvenile correctional facility
19authorized under s. 938.539 (5); conditional release under s. 971.17 975.57 or 975.59;
20supervised release under s. 980.06 or 980.08; participation in the community
21residential confinement program under s. 301.046, the intensive sanctions program
22under s. 301.048, the corrective sanctions program under s. 938.533, the intensive
23supervision program under s. 938.534, or the serious juvenile offender program
24under s. 938.538; or any other placement of an adult or juvenile offender in the
25community under the custody or supervision of the department of corrections, the

1department of health services, a county department under s. 46.215, 46.22, 46.23,
251.42, or 51.437 or any other person under contract with the department of
3corrections, the department of health services or a county department under s.
446.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the
5offender.
AB383,28 6Section 28. 48.981 (7) (a) 14m. of the statutes is amended to read:
AB383,28,77 48.981 (7) (a) 14m. A judge conducting proceedings under s. 968.26 968.105.
AB383,29 8Section 29. 49.138 (1m) (c) of the statutes is amended to read:
AB383,28,109 49.138 (1m) (c) A member of the family was a victim of domestic abuse, as
10defined in s. 968.075 969.27 (1) (a).
AB383,30 11Section 30. 49.19 (4) (d) 3. of the statutes is amended to read:
AB383,28,1412 49.19 (4) (d) 3. Is the wife of a husband who has been committed to the
13department pursuant to ch. 975, 2011 stats., irrespective of the probable period of
14such commitment; or
AB383,31 15Section 31. 49.95 (8) of the statutes is amended to read:
AB383,28,2016 49.95 (8) Any person who makes any statement in a written application for aid
17under this chapter shall be considered to have made an admission as to the existence,
18correctness or validity of any fact stated, which shall be taken as prima facie evidence
19against the party making it in any complaint, information or indictment, and in any
20action or proceeding brought for the enforcement of any provision of this chapter.
AB383,32 21Section 32. 51.05 (2) of the statutes is amended to read:
AB383,29,622 51.05 (2) Admissions authorized by counties. The department may not accept
23for admission to a mental health institute any resident person, except in an
24emergency, unless the county department under s. 51.42 in the county where the
25person has residence authorizes the care under s. 51.42 (3) (as). Patients who are

1committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
2or s. 975.06, 2011 stats., or s. 971.14, 971.17, 975.06, or 980.06, or ch. 975, admitted
3by the department under s. 975.17, 1977 stats., or are transferred from a juvenile
4correctional facility or a secured residential care center for children and youth to a
5state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment
6facility under s. 51.37 (5) are not subject to this section.
AB383,33 7Section 33. 51.20 (1) (am) of the statutes is amended to read:
AB383,30,78 51.20 (1) (am) If the individual has been the subject of inpatient treatment for
9mental illness, developmental disability, or drug dependency immediately prior to
10commencement of the proceedings as a result of a voluntary admission, a
11commitment or protective placement ordered by a court under this section or, s.
1255.06, 2003 stats., s. 971.17 ch. 975, 2011 stats., or ch. 975, or a protective placement
13or protective services ordered under s. 55.12, or if the individual has been the subject
14of outpatient treatment for mental illness, developmental disability, or drug
15dependency immediately prior to commencement of the proceedings as a result of a
16commitment ordered by a court under this section, s. 971.17 ch. 975, 2011 stats., or
17ch. 975, the requirements of a recent overt act, attempt or threat to act under par.
18(a) 2. a. or b., pattern of recent acts or omissions under par. (a) 2. c. or e., or recent
19behavior under par. (a) 2. d. may be satisfied by a showing that there is a substantial
20likelihood, based on the subject individual's treatment record, that the individual
21would be a proper subject for commitment if treatment were withdrawn. If the
22individual has been admitted voluntarily to an inpatient treatment facility for not
23more than 30 days prior to the commencement of the proceedings and remains under
24voluntary admission at the time of commencement, the requirements of a specific
25recent overt act, attempt or threat to act, or pattern of recent acts or omissions may

1be satisfied by a showing of an act, attempt or threat to act, or pattern of acts or
2omissions which took place immediately previous to the voluntary admission. If the
3individual is committed under s. 971.14 (2) or (5) 975.32 or 975.34 at the time
4proceedings are commenced, or has been discharged from the commitment
5immediately prior to the commencement of proceedings, acts, attempts, threats,
6omissions, or behavior of the subject individual during or subsequent to the time of
7the offense shall be deemed recent for purposes of par. (a) 2.
AB383,34 8Section 34. 51.20 (16) (j) of the statutes is amended to read:
AB383,30,119 51.20 (16) (j) This subsection applies to petitions for reexamination that are
10filed under ch. 971, but not s. 971.17, and ch. 975, 2011 stats., and subch. II of ch. 975,
11except that the petitions shall be filed with the committing court.
AB383,35 12Section 35. 51.30 (3) (b) of the statutes is amended to read:
AB383,30,1813 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation
14counsel shall have access to the files and records of the court proceedings under this
15chapter without the individual's consent and without modification of the records in
16order to prepare for involuntary commitment or recommitment proceedings,
17reexaminations, appeals, or other actions relating to detention, admission, or
18commitment under this chapter, ch. 975, 2011 stats., or ch. 971, 975, or 980.
AB383,36 19Section 36. 51.30 (4) (b) 8m. of the statutes is amended to read:
AB383,30,2320 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s.
2154.36 (3), 971.17 (2) (e), (4) (c), and (7) (c) 975.56 (2), 975.59 (3), or 975.63 (4). The
22recipient of any information from the records shall keep the information confidential
23except as necessary to comply with s. 971.17 subch. III of ch. 975.
AB383,37 24Section 37. 51.30 (4) (b) 9. of the statutes is amended to read:
AB383,31,9
151.30 (4) (b) 9. To a facility which is to receive an individual who is involuntarily
2committed under this chapter, ch. 975, 2011 stats., or ch. 48, 938, 971, or 975 upon
3transfer of the individual from one treatment facility to another. Release of records
4under this subdivision shall be limited to such treatment records as are required by
5law, a record or summary of all somatic treatments, and a discharge summary. The
6discharge summary may include a statement of the patient's problem, the treatment
7goals, the type of treatment which has been provided, and recommendation for future
8treatment, but it may not include the patient's complete treatment record. The
9department shall promulgate rules to implement this subdivision.
AB383,38 10Section 38. 51.30 (4) (b) 11. of the statutes is amended to read:
AB383,31,1511 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and
12the corporation counsel, without modification, at any time in order to prepare for
13involuntary commitment or recommitment proceedings, reexaminations, appeals, or
14other actions relating to detention, admission, commitment, or patients' rights under
15this chapter, ch. 975, 2011 stats., or ch. 48, 971, 975, or 980.
AB383,39 16Section 39. 51.30 (4) (b) 12m. of the statutes is amended to read:
AB383,31,2117 51.30 (4) (b) 12m. To any person if the patient was admitted under s. 971.14,
18971.17 or
980.06, ch. 975, 2011 stats., or ch. 975 or transferred under s. 51.35 (3) or
1951.37 and is on unauthorized absence from a treatment facility. Information released
20under this subdivision is limited to information that would assist in the
21apprehension of the patient.
AB383,40 22Section 40. 51.30 (4) (b) 16. of the statutes is amended to read:
AB383,32,723 51.30 (4) (b) 16. If authorized by the secretary or his or her designee, to a law
24enforcement agency upon request if the individual was admitted under ch. 971 975,
252011 stats.,
or ch. 975 or transferred under s. 51.35 (3) or 51.37. Information released

1under this subdivision is limited to the individual's name and other identifying
2information, including photographs and fingerprints, the branch of the court that
3committed the individual, the crime that the individual is charged with, found not
4guilty of by reason of mental disease or defect or convicted of, whether or not the
5individual is or has been authorized to leave the grounds of the institution and
6information as to the individual's whereabouts during any time period. In this
7subdivision "law enforcement agency" has the meaning provided in s. 165.83 (1) (b).
AB383,41 8Section 41. 51.30 (7) of the statutes is amended to read:
AB383,32,119 51.30 (7) Criminal commitments. Except as otherwise specifically provided,
10this section applies to the treatment records of persons who are committed under chs.
11971 and
ch. 975, 2011 stats., or ch. 975.
AB383,42 12Section 42. 51.37 (1) of the statutes is amended to read:
AB383,32,1513 51.37 (1) All commitments under s. 975.01, 1977 stats., and s. 975.02, 1977
14stats., and under ss. 971.14 (5), 971.17 s. 975.06, 2011 stats., and 975.06 ss. 975.34,
15975.55, and 975.57
shall be to the department.
AB383,43 16Section 43. 51.37 (3) of the statutes is amended to read:
AB383,32,1917 51.37 (3) The Mendota and Winnebago mental health institutes may be used
18for the custody, care and treatment of persons committed or transferred thereto
19pursuant to this section and chs. 971 and, ch. 975, 2011 stats., or ch. 975.
AB383,44 20Section 44. 51.37 (4) of the statutes is amended to read:
AB383,33,221 51.37 (4) The department may, with the approval of the committing court and
22the county department under s. 51.42 or 51.437, and subject to s. 51.35, transfer to
23the care and custody of a county department under s. 51.42 or 51.437 any person in
24an institution of the department committed under s. 971.14 or 971.17 ch. 975, if in
25its opinion, the mental condition of the person is such that further care is required

1and can be properly provided under the direction of the county department under s.
251.42 or 51.437.
AB383,45 3Section 45. 51.37 (9) of the statutes is amended to read:
AB383,33,224 51.37 (9) If in the judgment of the director of Mendota Mental Health Institute,
5Winnebago Mental Health Institute or the Milwaukee County Mental Health
6Complex, any person who is committed under s. 971.14 or 971.17 ch. 975 is not in
7such condition as warrants his or her return to the court but is in a condition to
8receive a conditional transfer or discharge under supervision, the director shall
9report to the department of health services, the committing court and the district
10attorney of the county in which the court is located his or her reasons for the
11judgment. If the court does not file objection to the conditional transfer or discharge
12within 60 days of the date of the report, the director may, with the approval of the
13department of health services, conditionally transfer any person to a legal guardian
14or other person, subject to the rules of the department of health services. Before a
15person is conditionally transferred or discharged under supervision under this
16subsection, the department of health services shall so notify the municipal police
17department and county sheriff for the area where the person will be residing. The
18notification requirement does not apply if a municipal department or county sheriff
19submits to the department of health services a written statement waiving the right
20to be notified. The department of health services may contract with the department
21of corrections for the supervision of persons who are transferred or discharged under
22this subsection.
AB383,46 23Section 46. 51.37 (10) (am) of the statutes is amended to read:
AB383,34,324 51.37 (10) (am) The director of a state treatment facility may grant to any
25patient admitted to the facility as a result of a commitment under ch. 971 975, 2011

1stats.,
or ch. 975, a home visit for up to 15 days, or a leave for employment or
2education purposes in which the patient is not absent from the facility for more than
315 days.
AB383,47 4Section 47. 51.375 (1) (a) of the statutes is amended to read:
AB383,34,85 51.375 (1) (a) "Community placement" means conditional transfer into the
6community under s. 51.35 (1), conditional release under s. 971.17 975.57 or 975.59,
7parole from a commitment for specialized treatment under ch. 975, 2011 stats., or
8supervised release under ch. 980.
AB383,48 9Section 48. 51.39 of the statutes is amended to read:
AB383,34,18 1051.39 Resident patients on unauthorized absence. If any patient who is
11admitted, transferred, or placed under s. 55.06, 2003 stats., or s. 51.13, 51.15, 51.20,
1251.35 (3), 51.37, or 51.45 (11) (b), (12) or (13), ch. 975, 2011 stats., or ch. 55, 971, 975,
13or 980 is on unauthorized absence from a treatment facility, the sheriff or any other
14law enforcement agency in the county in which the patient is found or in which it is
15believed the patient may be present, upon the request of the director, shall take
16charge of and return the patient to the facility. The costs incident to the return shall
17be paid out of the facility's operating funds and be charged back to the patient's
18county of residence.
AB383,49 19Section 49. 51.42 (3) (as) 1m. of the statutes is amended to read:
AB383,35,220 51.42 (3) (as) 1m. A county department shall reimburse a mental health
21institute at the institute's daily rate for custody of any person who is ordered by a
22court located in that county to be examined at the mental health institute under s.
23971.14 (2) 975.32 for all days that the person remains in custody at the mental health
24institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays,

1after the sheriff and county department receive notice under s. 971.14 (2) (d) 975.32
2(5)
that the examination has been completed.
AB383,50 3Section 50. 51.42 (3) (as) 1r. of the statutes is amended to read:
AB383,36,24 51.42 (3) (as) 1r. A county department shall authorize all care of any patient
5in a state, local, or private facility under a contractual agreement between the county
6department and the facility, unless the county department governs the facility. The
7need for inpatient care shall be determined by the program director or designee in
8consultation with and upon the recommendation of a licensed physician trained in
9psychiatry and employed by the county department or its contract agency. In cases
10of emergency, a facility under contract with any county department shall charge the
11county department having jurisdiction in the county where the patient is found. The
12county department shall reimburse the facility for the actual cost of all authorized
13care and services less applicable collections under s. 46.036, unless the department
14of health services determines that a charge is administratively infeasible, or unless
15the department of health services, after individual review, determines that the
16charge is not attributable to the cost of basic care and services. Except as provided
17in subd. 1m., a county department may not reimburse any state institution or receive
18credit for collections for care received in a state institution by nonresidents of this
19state, interstate compact clients, transfers under s. 51.35 (3), transfers from
20Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
21stats., or s. 975.02, 1977 stats., or s. 975.06, 2011 stats., or s. 971.14, 971.17 or 975.06
22ch. 975 or admissions under s. 975.17, 1977 stats., or children placed in the
23guardianship of the department of children and families under s. 48.427 or 48.43 or
24under the supervision of the department of corrections under s. 938.183 or 938.355.

1The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs
2that are attributable to care and treatment of the client.
AB383,51 3Section 51. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
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