Under current law, a law enforcement officer or certain other persons may take
an individual into custody if the officer or other person has cause to believe that the
individual is mentally ill, drug dependent, or developmentally disabled, and that the
individual shows any of the following: 1) a substantial probability of physical harm
to himself or herself as manifested by evidence of recent threats of or attempts at
suicide or serious bodily harm; 2) a substantial probability of physical harm to other
persons as manifested by evidence of recent homicidal or other violent behavior, or

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by evidence that others are placed in reasonable fear of violent behavior and serious
physical harm, as evidenced by a recent overt act, attempt, or threat to do serious
physical harm; 3) a substantial probability of physical impairment or injury to
himself or herself due to impaired judgment, as manifested by evidence of a recent
act or omission; or 4) due to mental illness or drug dependency, the inability to satisfy
basic needs for nourishment, medical care, shelter, or safety without prompt and
adequate treatment so that a substantial probability exists that death, serious
physical injury, serious physical debilitation, or serious physical disease will
imminently ensue unless the individual receives prompt and adequate treatment,
as evidenced by behavior manifested by a recent act or omission (standards for
emergency detention). The belief of the officer or other person must be based on a
specific recent overt act, attempt or threat to act, or omission either observed by the
officer or other person or reliably reported to the officer or other person. The county
department of community programs in the county in which the individual was taken
into custody must approve the need for detention, and for evaluation, diagnosis, and
treatment if permitted, before the law enforcement officer or other person delivers
the individual to the detention facility.

Under current law, in Milwaukee County, the law enforcement officer or other
person must sign a statement of emergency detention that provides detailed, specific
information on the basis for the belief that the individual meets the standards for
emergency detention. The law enforcement office or other person, in Milwaukee
County, delivers the individual to a detention facility along with the statement of
emergency detention. Then the treatment director of the facility must determine
within 24 hours whether the individual shall be detained or detained, evaluated,
diagnosed, and treated, if permitted. The treatment director in Milwaukee County
then may detain the individual for a period not to exceed 72 hours after delivery of
the individual to the facility, excluding Saturdays, Sundays, and legal holidays. If
the treatment director determines that the individual is not eligible for involuntary
commitment, the treatment director must release the individual. If the treatment
director determines that continued detention is appropriate the treatment director
must file the statement of detention, after supplementation if he or she desires, and
notification of detention with the court having probate jurisdiction in the county in
which the individual was taken into custody. The filing of the statement and
notification has the same effect as a petition for involuntary commitment.

Under current law, in counties other than Milwaukee, the law enforcement
officer or other person must sign the same statement of emergency detention
containing the same information, except that the statement is filed with the
detention facility and immediately thereafter with the court. The filing of the
statement with the court has the same effect as a petition for involuntary
commitment. When the treatment director at the detention facility to which the
individual was taken determines that grounds for detention no longer exist, the
treatment director must discharge the individual. The individual may not be
detained for more than a total of 72 hours, excluding Saturday, Sundays, and legal
holidays, unless a probable cause hearing or protective placement hearing is held.

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While an individual is under emergency detention in any county, the treatment
facility may evaluate, diagnose, and treat the individual with the individual's
consent under current law. Upon the detention of the individual, the director of the
detention facility must inform, both orally and in writing, the individual of his or her
right to contact an attorney and a member of his or her immediate family, the right
to have an attorney provided at public expense, and the right to remain silent and
that the individual's statements may be used as a basis for involuntary commitment.
Current law requires that the individual be provided a copy of the statement of
emergency detention.

Under current law, any individual who acts in accordance with the emergency
detention statutes, including making a determination that an individual does not
meet the standards for emergency detention, is not liable for actions taken in good
faith. Any person, however, who signs a statement of emergency detention knowing
that information in that statement is false is guilty of a felony and subject to a fine
not to exceed $10,000 or imprisonment not to exceed six years, or both.

Under current law, within 72 hours of the individual's detention at the facility,
with some exceptions, the court must hold a hearing to determine whether there is
probable cause to believe the allegations that the individual meets the standards for
involuntary commitment are true. If an individual is not under detention, three
persons may sign a petition for examination to have that individual detained for
involuntary commitment directly, without going through the emergency detention
procedure. An individual detained directly for involuntary commitment must also
have a probable cause hearing within 72 hours of detention under current law. The
procedure for the probable cause hearing and subsequent hearings are the same for
individuals who have been detained for emergency detention and for individuals who
have been detained for involuntary commitment.

Current law requires corporation counsel to represent the interest of the public
in the probable cause hearing and most mental health proceedings. At the time of
filing a petition for involuntary commitment, the court must assure that the
individual is represented by an attorney by referring that individual to the state
public defender, who appoints counsel for the individual without a determination of
indigency. The probable cause hearing, the final involuntary commitment hearing,
and other mental health related hearings must conform to due process and fair
treatment including the right to open hearing, the right to request a closed hearing,
the right to counsel, the right to present and cross-examine witnesses, the right to
remain silent, and the right to a jury trial if requested. If following the probable
cause hearing, the court finds there is probable cause to believe the allegations that
the individual meets the standards for involuntary commitment, the court must
schedule a full hearing within a certain time limit to determine whether the
individual will be involuntarily committed.

This bill substitutes the term "emergency stabilization" for the term
"emergency detention" in the statutes. The bill also creates a new procedure for
initiating an emergency stabilization, but does not replace the procedures under
current law. The bill allows any person to contact the county department that is
responsible for approving the need for emergency stabilization and request that the

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department work with law enforcement to initiate and approve an emergency
stabilization for an individual. Upon receiving the request, the bill requires the
county department to notify the requesting person that he or she may make a formal
request.

Under the bill, a formal request for the county department and law enforcement
to initiate and approve an emergency stabilization must be made on a form created
by the Department of Health Services (DHS) and approved by the Department of
Justice (DOJ). The form must include: 1) the requester's name, address, and contact
information; 2) the name and address of the individual whom the requester is
recommending for emergency stabilization; 3) the requester's relationship to the
individual being recommended for emergency stabilization; 4) a statement that the
requester has cause to believe that the individual being recommended for emergency
stabilization is mentally ill, drug dependent, or developmentally disabled; 5) a
statement that the requester has cause to believe that the individual being
recommended for emergency stabilization evidences behavior which manifests a
substantial probability of physical harm to himself, herself, or others or which
otherwise meets the standards for emergency stabilization, which are the same as
the standards for emergency detention under current law and terminology; 6) a
statement describing specific recent dangerous behavior or behavior indicating a
failure to satisfy basic needs, including when and where the behavior occurred and
an identification of persons who witnessed the behavior, if known; and 7) a statement
describing current or past action that leads the requester to believe that the
individual will not consent to or will withdraw consent to treatment. The bill
requires the county department to respond to a formal request for emergency
stabilization within 24 hours after it receives the request, except that if the request
relates to an individual in a hospital, the county department must respond within
six hours. Under the bill, if a county department does not agree to approve, or if law
enforcement does not agree to initiate, an emergency stabilization based on a formal
request the county department must respond in writing to the requester on a certain
form containing all of the following information: a statement of the county
department's decision or the law enforcement agency's decision not to initiate the
requested emergency stabilization; a statement of the reason for the decision not to
initiate the requested emergency stabilization; and information about how the
requester may initiate a judicially ordered emergency stabilization.

Any person may petition a court with appropriate jurisdiction to order that an
individual be taken into custody for an emergency stabilization. A person submitting
such a petition must include all of the following in the petition: 1) the name and
address of the individual whom the petitioner is recommending for emergency
stabilization and the petitioner's relationship to that individual; 2) a statement that
the petitioner has cause to believe that the individual is mentally ill, is drug
dependent, or is developmentally disabled; 3) a statement that the petitioner has
cause to believe that the individual is dangerous or unable to satisfy basic needs
because the individual meets any of the standards for emergency stabilization; 4)
detailed, specific information describing the recent dangerous behavior or behavior
indicating a failure to satisfy basic needs, supporting the beliefs that the individual

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satisfies the standards for emergency stabilization, and including the names of
persons observing or reporting the recent overt act, attempt or threat to act, or
omission; 5) a statement describing current or past action that leads the petitioner
to believe that the individual will not consent to or will withdraw consent to
treatment; and 6) a copy of the formal request for emergency stabilization and the
county department's response, if the petitioner submitted a formal request.

The bill requires that, within 24 hours of filing the petition for emergency
stabilization, the court shall either deny the petition or order an emergency
stabilization. The court must order an emergency stabilization only if the court finds
cause to believe that the statements made in the petition are reliable; that the
individual is mentally ill, drug dependent, or developmentally disabled; and that the
individual is eligible for emergency stabilization under the standards for emergency
stabilization. The bill requires the court to specify these findings in its order. That
order is a statement of emergency stabilization and has the same effect as a petition
for involuntary commitment. If the court orders an emergency stabilization under
the bill, the court must schedule the probable cause hearing for involuntary
commitment to take place no later than 72 hours following the court's order for
emergency stabilization, excluding Saturdays, Sundays, and legal holidays, with
certain exceptions including if the court determines that the timing is unreasonable.
At the time of scheduling the probable cause hearing, the court shall assure that the
individual under emergency stabilization is represented by an attorney by referring
the individual to the state public defender, who must appoint an attorney for the
individual without a determination of indigency.

Contrary to current law, corporation counsel is not required to participate in the
petition for judicially ordered emergency stabilization or the probable cause hearing
following the judicially ordered emergency stabilization. The corporation counsel,
however, is allowed to represent the interests of the public in those proceedings. The
petitioner is allowed to participate in the probable cause hearing, with or without
corporation counsel. Under the bill, if the court determines there is probable cause
to believe an individual meets the criteria for involuntary commitment and the
corporation counsel did not actively advocate for a finding of probable cause, then the
court shall order the corporation counsel's county to pay for all court costs and
petitioner's attorney fees related to the determination of probable cause. The court
then must appoint special counsel to serve in the role that would otherwise be served
by corporation counsel for the remainder of the proceedings pertaining to that
individual. The bill requires that all costs incurred by special counsel be reimbursed
by the replaced corporation counsel's county. The bill also requires, if a statement
of emergency stabilization is filed following a voluntary commitment, the
corporation counsel to draft and file all papers and petitions necessary to support a
finding of probable cause that the detained individual meets the standards for
involuntary commitment.

An individual who is detained for an emergency stabilization after a court order
under the bill has the same rights and is given the same opportunity for evaluation,
diagnosis, and treatment as an individual detained under a procedure existing under
current law.

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Under the bill, if the court denies a petition that an individual be taken into
custody for emergency stabilization, the petitioner is responsible for all court costs.
If the court orders an emergency stabilization based on a petition that was filed
following a response to a formal request from the county department that either the
county department or the law enforcement agency refused to initiate or approve an
emergency stabilization, then whichever entity, the county department or law
enforcement agency, refused to act must pay for any court costs and the petitioner's
attorney fees incurred in filing and pursuing the petition for emergency
stabilization.

Under the bill, no person has an obligation to make a request to initiate any
emergency stabilization or to petition the court for an emergency stabilization. A
person who does not make a request or file a petition is not liable for damages in a
civil action. Under the bill, however, whoever submits a formal request for
emergency stabilization or files a petition for judicially ordered emergency
stabilization knowing that information contained in the request or petition is false
is guilty of a felony and subject to a fine not to exceed $10,000 or imprisonment not
to exceed 6 years, or both.