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:
AB383,36,114 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
5conditional release plan approved by a court for a person who is a county resident and
6is conditionally released under s. 971.17 (3) or (4) 975.57 (4) or 975.59 or that are
7specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997
8stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g). If the county department provides
9treatment and services under this subdivision, the department of health services
10shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for
11the costs of the treatment and services.
AB383,52 12Section 52. 51.437 (4rm) (a) of the statutes is amended to read:
AB383,37,1513 51.437 (4rm) (a) A county department of developmental disabilities services
14shall authorize all care of any patient in a state, local, or private facility under a
15contractual agreement between the county department of developmental disabilities
16services and the facility, unless the county department of developmental disabilities
17services governs the facility. The need for inpatient care shall be determined by the
18program director or designee in consultation with and upon the recommendation of
19a licensed physician trained in psychiatry and employed by the county department
20of developmental disabilities services or its contract agency prior to the admission
21of a patient to the facility except in the case of emergency services. In cases of
22emergency, a facility under contract with any county department of developmental
23disabilities services shall charge the county department of developmental
24disabilities services having jurisdiction in the county where the individual receiving
25care is found. The county department of developmental disabilities services shall

1reimburse the facility, except as provided under par. (c), for the actual cost of all
2authorized care and services less applicable collections under s. 46.036, unless the
3department of health services determines that a charge is administratively
4infeasible, or unless the department of health services, after individual review,
5determines that the charge is not attributable to the cost of basic care and services.
6The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs
7which are attributable to care and treatment of the client. County departments of
8developmental disabilities services may not reimburse any state institution or
9receive credit for collections for care received in a state institution by nonresidents
10of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments
11under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06,
122011 stats., or ch. 975, admissions under s. 975.17, 1977 stats., children placed in the
13guardianship of the department of children and families under s. 48.427 or 48.43 or
14juveniles under the supervision of the department of corrections under s. 938.183 or
15938.355.
AB383,53 16Section 53. 51.61 (1) (intro.) of the statutes is amended to read:
AB383,38,717 51.61 (1) (intro.) In this section, "patient" means any individual who is
18receiving services for mental illness, developmental disabilities, alcoholism or drug
19dependency, including any individual who is admitted to a treatment facility in
20accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed
21under this chapter, ch. 975, 2011 stats., or ch. 48, 55, 971, 975, or 980, or who is
22transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care
23or treatment for those conditions through the department or a county department
24under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include
25persons committed under ch. 975, 2011 stats., who are transferred to or residing in

1any state prison listed under s. 302.01. In private hospitals and in public general
2hospitals, "patient" includes any individual who is admitted for the primary purpose
3of treatment of mental illness, developmental disability, alcoholism or drug abuse
4but does not include an individual who receives treatment in a hospital emergency
5room nor an individual who receives treatment on an outpatient basis at those
6hospitals, unless the individual is otherwise covered under this subsection. Except
7as provided in sub. (2), each patient shall:
AB383,54 8Section 54. 51.61 (1) (e) of the statutes is amended to read:
AB383,38,159 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under
10s. 51.35 (3) or 51.37, ch. 975, 2011 stats., or under ch. 971 or 975, have the right to
11the least restrictive conditions necessary to achieve the purposes of admission,
12commitment or protective placement, under programs, services and resources that
13the county board of supervisors is reasonably able to provide within the limits of
14available state and federal funds and of county funds required to be appropriated to
15match state funds.
AB383,55 16Section 55. 51.61 (1) (i) 1. of the statutes is amended to read:
AB383,40,217 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from
18physical restraint and isolation except for emergency situations or when isolation or
19restraint is a part of a treatment program. Isolation or restraint may be used only
20when less restrictive measures are ineffective or not feasible and shall be used for
21the shortest time possible. When a patient is placed in isolation or restraint, his or
22her status shall be reviewed once every 30 minutes. Each facility shall have a written
23policy covering the use of restraint or isolation that ensures that the dignity of the
24individual is protected, that the safety of the individual is ensured, and that there
25is regular, frequent monitoring by trained staff to care for bodily needs as may be

1required. Isolation or restraint may be used for emergency situations only when it
2is likely that the patient may physically harm himself or herself or others. The
3treatment director shall specifically designate physicians who are authorized to
4order isolation or restraint, and shall specifically designate licensed psychologists
5who are authorized to order isolation. If the treatment director is not a physician,
6the medical director shall make the designation. In the case of a center for the
7developmentally disabled, use shall be authorized by the director of the center. The
8authorization for emergency use of isolation or restraint shall be in writing, except
9that isolation or restraint may be authorized in emergencies for not more than one
10hour, after which time an appropriate order in writing shall be obtained from the
11physician or licensed psychologist designated by the director, in the case of isolation,
12or the physician so designated in the case of restraint. Emergency isolation or
13restraint may not be continued for more than 24 hours without a new written order.
14Isolation may be used as part of a treatment program if it is part of a written
15treatment plan, and the rights specified in this subsection are provided to the
16patient. The use of isolation as a part of a treatment plan shall be explained to the
17patient and to his or her guardian, if any, by the person who provides the treatment.
18A treatment plan that incorporates isolation shall be evaluated at least once every
192 weeks. Patients who have a recent history of physical aggression may be restrained
20during transport to or from the facility. Persons who are committed or transferred
21under s. 51.35 (3) or 51.37, under ch. 975, 2011 stats., or under ch. 971 or 975, or who
22are detained or committed under ch. 980, and who, while under this status, are
23transferred to a hospital, as defined in s. 50.33 (2), for medical care may be isolated
24for security reasons within locked facilities in the hospital. Patients who are
25committed or transferred under ch. 975, 2011 stats., under s. 51.35 (3) or 51.37, or

1under ch. 971 or 975, or who are detained or committed under ch. 980, may be
2restrained for security reasons during transport to or from the facility.
AB383,56 3Section 56. 51.87 (3) of the statutes is amended to read:
AB383,40,104 51.87 (3) Purchase of services. A county department under s. 46.23, 51.42,
5or 51.437 may contract as provided under this section with public or private agencies
6in states bordering on Wisconsin to secure services under this chapter for persons
7who receive services through the county department, except that services may not
8be secured for persons committed under s. 971.14 or 971.17 ch. 975. Section 46.036
9(1) to (6) applies to contracts entered into under this section by county departments
10under s. 46.23, 51.42, or 51.437.
AB383,57 11Section 57. 55.043 (6) (bt) 8. of the statutes is amended to read:
AB383,40,1512 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who
13is the alleged victim named in the record, to assist in preparing for any proceeding
14under this chapter, ch. 975, 2011 stats., or ch. 48, 51, 54, 813, 971, or 975 pertaining
15to the alleged victim.
AB383,58 16Section 58. 55.075 (intro.) of the statutes is amended to read:
AB383,40,18 1755.075 Protective services or protective placement; petition. (intro.)
18Except as provided in s. 971.14 (6) (b) 975.38:
AB383,59 19Section 59. 59.34 (2) (a) of the statutes is amended to read:
AB383,40,2220 59.34 (2) (a) Notwithstanding s. 979.04 968.015 (3) and except as provided in
21par. (b), any person holding office under sub. (1) may also serve as an emergency
22medical technician, first responder or fire fighter.
AB383,60 23Section 60. 59.40 (2) (c) of the statutes is amended to read:
AB383,41,324 59.40 (2) (c) Keep a criminal record and write in that record a history in every
25criminal action like the court record in civil actions and proceedings with references

1to the file where papers in the action can be found, to the minute record and to the
2information complaint record where indictments and informations complaints can
3be found.
AB383,61 4Section 61. 66.0113 (3) (e) of the statutes is amended to read:
AB383,41,85 66.0113 (3) (e) A judgment may be entered under par. (d) if the summons or
6citation was served as provided under s. 968.04 (3) (b) 2. 969.22 (2) or by personal
7service by a county, town, city, village, town sanitary district or public inland lake
8protection and rehabilitation district employee.
AB383,62 9Section 62. 66.0114 (1) (a) of the statutes is amended to read:
AB383,42,810 66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city,
11village, town sanitary district or public inland lake protection and rehabilitation
12district is a civil action. All forfeitures and penalties imposed by an ordinance or
13bylaw of the city, village, town sanitary district or public inland lake protection and
14rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in
15an action in the name of the city or village before the municipal court or in an action
16in the name of the city, village, town sanitary district or public inland lake protection
17and rehabilitation district before a court of record. If the action is in municipal court,
18the procedures under ch. 800 apply and the procedures under this section do not
19apply. If the action is in a court of record, it shall be commenced by warrant or
20summons under s. 968.04 969.20 or, if applicable, by citation under s. 778.25 or
21778.26. A law enforcement officer may arrest the offender in all cases without
22warrant under s. 968.07 969.16. If the action is commenced by warrant the affidavit
23may be the complaint. The affidavit or complaint is sufficient if it alleges that the
24defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by
25section, chapter, title or otherwise with sufficient plainness to identify the ordinance

1or bylaw. The judge may release a defendant without a cash deposit or may permit
2him or her to execute an unsecured appearance bond upon arrest. In arrests without
3a warrant or summons a statement on the records of the court of the offense charged
4is the complaint unless the court directs that a formal complaint be issued. In all
5actions under this paragraph the defendant's plea shall be guilty, not guilty or no
6contest and shall be entered as not guilty on failure to plead. A plea of not guilty on
7failure to plead puts all matters in the case at issue, any other provision of law
8notwithstanding. The defendant may enter a not guilty plea by certified mail.
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