SB372,15,84 2. A statement that the petitioner has cause to believe that the individual is
5mentally ill, is drug dependent, or is developmentally disabled. The petitioner is not
6required to designate in the statement whether the individual is mentally ill or drug
7dependent or developmentally disabled. The petitioner shall allege that he or she
8has cause to believe that the individual evidences on or more of those conditions.

SB372,15,119 3. A statement that the petitioner has cause to believe that the individual is
10dangerous or unable to satisfy basic needs because the individual meets any of the
11criteria in sub. (1) (a).

SB372,15,1512 4. Detailed, specific information describing the recent dangerous behavior or
13behavior indicating a failure to satisfy basic needs, supporting the beliefs under
14subds. 2. and 3., and including the names of persons observing or reporting the recent
15overt act, attempt or threat to act, or omission.

SB372,15,2116 5. A statement describing current or past action that leads the petitioner to
17believe that the individual will not consent to or will withdraw consent to evaluation,
18diagnosis, and treatment necessary to stabilize the individual and imminently
19remove a substantial probability of harm to himself, herself, or others or a
20substantial probability of physical impairment or injury to himself, herself, or
21others.

SB372,15,2422 6. If the petitioner submitted a formal request under sub. (5g) (b) requesting
23emergency stabilization of the individual, a copy of that formal request submitted
24under sub. (5g) (b) and a copy of the response under sub. (5g) (d).

SB372,16,6

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1(c) The department of justice, with approval of the department of health
2services, shall develop a petition form for a person to use to request a judicially
3ordered emergency detention under this subsection that meets the requirements of
4par. (b). The department of justice shall make the petition form available on its
5Internet site. The department of health services shall provide access to the
6department of justice petition form through its Internet site.

SB372,16,167 (d) Within 24 hours of the filing of a petition for an emergency stabilization,
8excluding Saturdays, Sundays, and legal holidays, the court shall either deny the
9petition or order that an individual be taken into custody for an emergency
10stabilization. The court shall order that an individual be taken into custody for an
11emergency stabilization only if the court finds cause to believe that the statements
12made in the petition are reliable, that the individual is mentally ill, drug dependent,
13or developmentally disabled, and that the individual is eligible for detention for
14stabilization under sub. (1) (a) based upon specific recent overt acts, attempts or
15threats to act, or omissions made by the individual. The court shall specify these
16findings in its order.

SB372,17,417 (e) An order by the court under par. (d) is a statement of emergency stabilization
18and has the same effect as a petition for commitment under s. 51.20.
19Notwithstanding the emergency stabilization procedures under subs. (4) and (5), if
20the court orders that an individual be taken into custody for an emergency
21stabilization under par. (d), the court shall schedule a probable cause hearing as
22provided in s. 51.20 (7) to take place no later than 72 hours following the order,
23excluding Saturdays, Sundays, and legal holidays, except that the court may order
24the probable cause hearing to take place at a later time if it determines that the
25timing is unreasonable or as provided in s. 51.20 (7). At the time of scheduling the

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1probable cause hearing, the court shall assure that the individual under emergency
2stabilization is represented by adversary counsel by referring the individual to the
3state public defender, who shall appoint counsel for the individual without a
4determination of indigency, as provided in s. 51.60.

SB372,17,85 (f) The corporation counsel may represent the interests of the public in the
6conduct of the proceedings under this subsection and in the probable cause hearing
7following an emergency stabilization ordered under this subsection, including the
8drafting of papers related to the action.

SB372,17,219 (g) If the court denies the petition that the individual be taken into custody for
10an emergency stabilization under this subsection, the petitioner shall be responsible
11for all court costs. If the court orders that an individual be taken into custody for an
12emergency stabilization and the petition followed a response under sub. (5g) (d) that
13the county department did not agree to pursue or approve the need for an emergency
14stabilization, then the county department shall pay for any court costs and any
15attorney fees of the petitioner incurred in filing and pursuing the petition under this
16subsection. If the court orders that an individual be taken into custody for an
17emergency stabilization and the petition followed a response under sub. (5g) (d) that
18the applicable law enforcement agency did not agree to initiate an emergency
19stabilization, then the applicable law enforcement agency shall pay for any court
20costs and any attorney fees of the petitioner incurred in filing and pursuing the
21petition under this subsection.

SB372,18,1323 51.15 (7) Intercounty agreements. Counties may enter into contracts
24whereby one county agrees to conduct commitment hearings for individuals who are
25detained for stabilization in that county but who are taken into custody under this

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1section in another county. Such contracts shall include provisions for reimbursement
2to the county of detention for all reasonable direct and auxiliary costs of commitment
3proceedings conducted under this section and s. 51.20 by the county of detention
4concerning individuals taken into custody in the other county and shall include
5provisions to cover the cost of any voluntary or involuntary services provided under
6this chapter to the subject individual as a result of proceedings or conditional
7suspension of proceedings resulting from the notification of detention. Where there
8is such a contract binding the county where the individual is taken into custody and
9the county where the individual is detained, the statements of detention emergency
10stabilization specified in subs. (4) and, (5), and (5j) and the notification specified in
11sub. (4) shall be filed with the court having probate jurisdiction in the county of
12detention, unless the subject individual requests that the proceedings be held in the
13county in which the individual is taken into custody.

SB372,18,2215 51.15 (8) Evaluation, diagnosis and treatment. When an individual is
16detained for stabilization under this section, the director and staff of the treatment
17facility may evaluate, diagnose, and treat the individual during detention, if the
18individual consents. The individual has a right to refuse medication and treatment
19as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right
20by the director of the facility or his or her designee, and a report of any evaluation
21and diagnosis and of all treatment provided shall be filed by that person with the
22court.

SB372,19,624 51.15 (9) Notice of rights. At the time of detention for emergency stabilization
25the individual shall be informed by the director of the facility or such person's

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1designee, both orally and in writing, of his or her right to contact an attorney and a
2member of his or her immediate family, the right to have an attorney provided at
3public expense, as provided under s. 51.60, and the right to remain silent and that
4the individual's statements may be used as a basis for commitment. The individual
5shall also be provided with a copy of the statement of emergency detention
6stabilization or a copy of the court's order under sub. (5j).

SB372,19,178 51.15 (10) Voluntary patients. If an individual has been admitted to an
9approved treatment facility under s. 51.10 or 51.13, or has been otherwise admitted
10to such facility, the treatment director or his or her designee, if conditions exist for
11taking the individual into custody under sub. (1), may sign a statement of emergency
12detention stabilization and may detain for stabilization, or detain for stabilization,
13evaluate, diagnose and treat, the individual as provided in this section. In such case,
14the treatment director shall undertake all responsibilities that are required of a law
15enforcement officer under this section. The treatment director shall promptly file the
16statement with the court having probate jurisdiction in the county of detention as
17provided in this section.

SB372,19,2519 51.15 (11m) Training. Law enforcement agencies shall designate at least one
20officer authorized to take an individual into custody under this section who shall
21attend the in-service training on emergency detention stabilization and emergency
22protective placement procedures offered by a county department of community
23programs under s. 51.42 (3) (ar) 4. d., if the county department of community
24programs serving the law enforcement agency's jurisdiction offers an in-service
25training program.

SB372,20,62 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10)
3knowing the information contained therein to be false is guilty of a Class H felony.
4Whoever submits a formal request under sub. (5g) or files a petition under sub. (5j)
5knowing information contained in the request or petition is false is guilty of a Class
6H felony.

SB372,20,148 51.20 (2) (a) Upon the filing of a petition for examination, the court shall review
9the petition to determine whether an order of detention should be issued under this
10section. The subject individual shall be detained only if there is cause to believe that
11the individual is mentally ill, drug dependent or developmentally disabled and the
12individual is eligible for commitment under sub. (1) (a) or (am) based upon specific
13recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions
14made by the individual.

SB372,21,1015 (b) If the subject individual is to be detained under an order issued under par.
16(a), a law enforcement officer shall present the subject individual with a notice of
17hearing, a copy of the petition under sub. (1) and detention order and a written
18statement of the individual's right to an attorney, a jury trial if requested more than
1948 hours prior to the final hearing, the standard upon which he or she may be
20committed under this section and the right to a hearing to determine probable cause
21for commitment within 72 hours after the individual arrives at the facility, excluding
22Saturdays, Sundays and legal holidays. The officer shall orally inform the individual
23that he or she is being taken into custody as the result of a petition and detention
24order issued under this chapter. If the individual is not to be detained, the law
25enforcement officer shall serve these documents on the subject individual and shall

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1also orally inform the individual of these rights. The individual who is the subject
2of the petition under sub. (1), his or her counsel and, if the individual is a minor, his
3or her parent or guardian, if known, shall receive notice of all proceedings under this
4section. The court may also designate other persons to receive notices of hearings
5and rights under this chapter. Any such notice may be given by telephone. The
6person giving telephone notice shall place in the case file a signed statement of the
7time notice was given and the person to whom he or she spoke. The notice of time
8and place of a hearing shall be served personally on the subject of the petition, and
9his or her attorney, within a reasonable time prior to the hearing to determine
10probable cause for commitment.

SB372,21,1912 51.20 (4) Public representation. Except as provided in sub. (7) (ag) and ss.
1351.15 (5j) (f), 51.42 (3) (ar) 1., and 51.437 (4m) (f), the corporation counsel shall
14represent the interests of the public in the conduct of all proceedings under this
15chapter, including the drafting of all necessary papers related to the action. If a
16statement of emergency stabilization is filed under s. 51.15 (10), the corporation
17counsel shall draft and file all papers and petitions necessary to support a finding
18of probable cause that the detained individual meets the criteria for involuntary
19commitment under sub. (1) or (1m).

SB372,21,2321 51.20 (7) (ag) For a probable cause hearing under this subsection after an
22emergency stabilization is ordered by a court under s. 51.15 (5j), all of the following
23apply:

SB372,22,3

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11. The petitioner, corporation counsel, or both may participate in the probable
2cause proceedings under this subsection and may draft and file any necessary papers
3related to the action.

SB372,22,134 2. If the court determines that there is probable cause to believe the individual
5meets the criteria for involuntary commitment under sub. (1) or (1m) and the
6corporation counsel did not actively advocate for a finding of probable cause, then the
7court shall order that the corporation counsel's county shall pay for all court costs
8related to the probable cause hearing and the attorney fees of the petitioner incurred
9pursuing the determination of probable cause. The court shall appoint a special
10counsel to serve in the role that would otherwise be served by corporation counsel for
11the remainder of proceedings pertaining to the individual under this section. All
12costs incurred by the special counsel shall be reimbursed by the county of the
13replaced corporation counsel.

SB372,22,2015 51.20 (18) (c) Expenses of the proceedings from the presentation of the
16statement of emergency detention stabilization or petition for commitment to the
17conclusion of the proceeding shall be allowed by the court and paid by the county from
18which the subject individual is detained for stabilization, committed, or released, in
19the manner that the expenses of a criminal prosecution are paid, as provided in s.
2059.64 (1).

SB372,23,522 51.35 (2) Transfer of certain developmentally disabled patients. The
23department may authorize a transfer of a patient from a center for the
24developmentally disabled to a state treatment facility if the patient is mentally ill
25and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. to

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1himself or herself or to others in the treatment facility where he or she is present.
2The department shall file a statement of emergency detention stabilization with the
3committing court within 24 hours after receiving the person for emergency detention
4stabilization. The statement shall conform to the requirements specified in s. 51.15
5(4).

SB372,24,37 51.35 (3) (e) The department of corrections may authorize emergency transfer
8of an individual from a juvenile correctional facility or a secured residential care
9center for children and youth to a state treatment facility if there is cause to believe
10that the individual has a mental illness, drug dependency, or developmental
11disability and exhibits conduct that constitutes a danger as described under s. 51.20
12(1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous,
13and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is
14dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending
15juvenile correctional facility or secured residential care center for children and youth
16shall execute a statement of emergency detention stabilization or petition for
17emergency commitment for the individual and deliver it to the receiving state
18treatment facility. The department of health services shall file the statement or
19petition with the court within 24 hours after the subject individual is received for
20detention stabilization or commitment. The statement or petition shall conform to
21s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director
22of the receiving facility may file a petition for continued commitment under s. 51.20
23(1) or 51.45 (13) or may return the individual to the juvenile correctional facility or
24secured residential care center for children and youth from which the transfer was
25made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45

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1(12) may be used, except that no individual may be released without the approval of
2the court that directed confinement in the juvenile correctional facility or secured
3residential care center for children and youth.

SB372,24,235 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment
6facility under par. (a) for the purpose of receiving services for developmental
7disability or psychiatric services and the minor's parent or guardian may request in
8writing a return to the juvenile correctional facility or secured residential care center
9for children and youth, except that, if the minor refuses to make the request, the
10parent or guardian may make the request on behalf of the minor. In the case of a
11minor 14 years of age or older who is transferred to a treatment facility under par.
12(a) for the purpose of receiving services for alcoholism or drug dependency or a minor
13under 14 years of age who is transferred to a treatment facility under par. (a) for the
14purpose of receiving services for developmental disability, alcoholism, or drug
15dependency, or psychiatric services, the parent or guardian may make the request.
16Upon receipt of a request for return from a minor 14 years of age or older, the director
17shall immediately notify the minor's parent or guardian, if available. A minor 14
18years of age or older who requests and whose parent or guardian requests and a
19minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall
20be returned to the juvenile correctional facility or secured residential care center for
21children and youth within 48 hours after submission of the request unless a
22statement is filed for emergency detention stabilization or a petition is filed for
23emergency commitment, involuntary commitment, or protective placement.

SB372,25,6

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151.35 (8) (b) If a patient or resident who is detained for stabilization under s.
251.15, committed under s. 51.20 or transferred under sub. (3) does not return to the
3treatment facility by the time designated in the granting of the home visit or leave,
4the director of the treatment facility may request the sheriff of the county in which
5the individual is found to return the individual to the facility. The sheriff shall act
6in accordance with s. 51.39.

SB372,26,28 51.37 (5) (b) The department of corrections may authorize an emergency
9transfer of an individual from a prison, jail or other criminal detention facility to a
10state treatment facility if there is cause to believe that the individual is mentally ill,
11drug dependent or developmentally disabled and exhibits conduct which constitutes
12a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself
13or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
14(a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2.
15The correctional custodian of the sending institution shall execute a statement of
16emergency detention stabilization or petition for emergency commitment for the
17individual and deliver it to the receiving state treatment facility. The department
18of health services shall file the statement or petition with the court within 24 hours
19after receiving the subject individual for detention. The statement or petition shall
20conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
21the director of the receiving facility may file a petition for continued commitment
22under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from
23which the transfer was made. As an alternative to this procedure, the emergency
24detention stabilization procedure in s. 51.15 or the emergency commitment

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1procedure in s. 51.45 (12) may be used, except that no prisoner may be released
2without the approval of the court which directed confinement in the institution.

SB372,26,134 51.42 (3) (ar) 4. d. Related research and staff in-service training, including
5periodic training on emergency detention stabilization procedures under s. 51.15,
6emergency protective services under s. 55.13, and emergency protective placement
7procedures under s. 55.135, for persons within the jurisdiction of the county
8department of community programs who are authorized to take individuals into
9custody under ss. 51.15 and 55.135. In developing in-service training on emergency
10detention stabilization and emergency protective placement procedures, the county
11department of community programs shall consult the county department of
12developmental disabilities services under s. 51.437 in counties where these
13departments are separate.

SB372,26,2115 55.135 (6) A law enforcement agency, fire department, or county department
16or agency with which it contracts under s. 55.02 (2) shall designate at least one
17employee authorized to take an individual into custody under this section who shall
18attend the in-service training on emergency detention stabilization and emergency
19protective placement offered by a county department of community programs under
20s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the
21designated employee's jurisdiction offers an in-service training program.

SB372,27,223 154.13 (2) (c) The court and all parties involved in proceedings in this state for
24adjudication of incompetency and appointment of a guardian for the declarant, for

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1emergency detention stabilization under s. 51.15, for involuntary commitment
2under s. 51.20, or for protective placement or protective services under ch. 55.

SB372,27,74 155.65 (2) (c) The court and all parties involved in proceedings in this state for
5adjudication of incompetency and appointment of a guardian for the principal, for
6emergency detention stabilization under s. 51.15, for involuntary commitment
7under s. 51.20, or for protective placement or protective services under ch. 55.

SB372,27,169 165.85 (4) (b) 1d. b. Training on emergency detention stabilization standards
10and procedures under s. 51.15, emergency protective placement standards and
11procedures under s. 55.135, and information on mental health and developmental
12disabilities agencies and other resources that may be available to assist the officer
13in interpreting the emergency detention stabilization and emergency protective
14placement standards, making emergency detentions stabilizations and emergency
15protective placements, and locating appropriate facilities for the emergency
16detentions stabilizations and emergency protective placements of persons.

SB372,28,718 165.86 (2) (b) Organize a program of training, which shall encourage
19utilization of existing facilities and programs through cooperation with federal,
20state, and local agencies and institutions presently active in this field. Priority shall
21be given to the establishment of the statewide preparatory and recertification
22training programs described in sub. (1), but the department shall cooperate in the
23creation and operation of other advanced and special courses, including courses
24relating to emergency detention stabilization of persons under s. 51.15 and
25emergency protective placement under s. 55.135, that meet the curriculum

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1standards recommended by the board. The department may satisfy the requirement
2for cooperating in the development of special courses relating to emergency detention
3stabilization and emergency protective placement by cooperating with county
4departments of community programs in the development of these courses under s.
551.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training
6courses given in the state and the results thereof in terms of persons attending,
7agencies represented, and, where applicable, individual grades given.

SB372,28,189 609.65 (1) (intro.) If an enrollee of a limited service health organization,
10preferred provider plan, or defined network plan is examined, evaluated, or treated
11for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or
12(4r), 2003 stats., an emergency detention stabilization under s. 51.15, a commitment
13or a court order under s. 51.20, an order for protective placement or protective
14services under ch. 55, an order under s. 55.14 or 55.19 (3) (e), or an order under ch.
15980, then, notwithstanding the limitations regarding participating providers,
16primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited
17service health organization, preferred provider plan, or defined network plan shall
18do all of the following:

SB372,28,2420 609.65 (1) (b) 2. The service is provided pursuant to an emergency detention
21stabilization under s. 51.15 or on an emergency basis to a person who is committed
22under s. 51.20 and the provider notifies the limited service health organization,
23preferred provider plan, or defined network plan within 72 hours after the initial
24provision of the service.

SB372,29,1

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1938.20 (5) (title) Emergency detention stabilization of juvenile.

SB372,29,43 977.05 (4) (i) 4. Cases involving persons subject to emergency detention
4stabilization or involuntary civil commitment under ch. 51.