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.