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LRB-1910/1
TJD:amn
January 2017 Special Session
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Committee on Senate Organization, Senators
Darling, Vukmir, Harsdorf, Testin, Olsen, Wanggaard, L. Taylor, Wirch
and Lasee, cosponsored by Representatives Nygren, E. Brooks, VanderMeer,
Tranel, Ripp, Quinn, Petryk, Kleefisch, Swearingen, Skowronski, Fields,
Kulp, Allen, Spiros, Felzkowski, Mursau, Horlacher, Rohrkaste, Tusler,
Edming, Krug, Petersen, Jagler, Rodriguez, Born, Murphy, Ballweg,
Genrich, Bernier and Knodl, by request of Governor Scott Walker. Referred
to Committee on Health and Human Services.
SB5,1,11 1An Act to amend 46.031 (2r) (a) 3., 46.04 (1) (b), 46.28 (1) (b), 48.02 (5g), 48.20
2(6), 48.203 (5), 49.45 (25) (am) 5., 51.01 (8), 51.08, 51.09, 51.10 (3), 51.20 (16) (a),
351.20 (17), 51.35 (3) (c), 51.35 (3) (e), 51.37 (5) (a), 51.37 (5) (b), 51.42 (3) (ar) 2.,
451.45 (title), (1), (2) (d), (f) and (g), (3) (b), (4) (a), (b), (c), (d), (e), (f), (g), (h), (j),
5(k), (L), (m), (o), (p) and (q), (7) (a) and (c), (9) (intro.), (10) (title), (a), (am), (c)
6and (e), (11) (title), (b), (bm) and (d), (12) (a) and (c) 4., (13) (a) (intro.) and 1. to
74. and (b) 4., (14) (a), (15) (c) and (19), 101.121 (4) (b), 301.031 (2r) (a) 3., 302.38
8(1), 346.65 (2g) (b), 346.65 (2i), 782.01 (2), 938.02 (5g) and 938.20 (6); and to
9create
51.01 (8b) of the statutes; relating to: prevention and control of,
10emergency and involuntary commitment for, and treatment programs and
11services for drug dependence.
Analysis by the Legislative Reference Bureau
This bill extends comprehensive programs established by the Department of
Health Services, voluntary treatment, treatment and other services, certain
emergency and involuntary commitment procedures, and civil rights among other
services to those persons who are drug dependent. Currently, those provisions and

services apply only to alcoholics and those who are intoxicated as a result of the use
of alcohol.
The current emergency detention criteria and procedures for alcoholics and
intoxicated persons, which are different from the traditional emergency detention
criteria and procedures, specify that either an intoxicated person who has
threatened, attempted, or inflicted physical harm on himself or herself or another
and is likely to inflict physical harm unless committed or a person incapacitated by
alcohol may be committed and brought to a facility for emergency treatment upon the
petition of an individual and pending a preliminary hearing, which the court must
schedule within 48 hours of receipt of the petition. Currently, three adults may
petition the court for involuntary commitment of a person for use of alcohol, which
is a separate procedure from a traditional involuntary commitment procedure. The
petition for involuntary commitment must 1) allege habitual lack of self-control as
to the use of alcohol to the extent that health is substantially impaired or endangered
and social or economic functioning is substantially disrupted; 2) allege that the
person's condition is evidenced by a pattern of conduct that is dangerous to the
person or others; 3) state that the person is a child or state facts sufficient for a
determination of indigency; 4) be supported by the affidavit of each petitioner who
has personal knowledge of the factual basis for the allegations; and 5) contain a
statement of each petitioner who does not have personal knowledge for the basis of
his or her belief. The court must set a preliminary hearing on the petition to
determine whether there is probable cause to believe that the allegations in the
petition are true and then, if probable cause is found, must set a full hearing on the
involuntary commitment. The bill extends these emergency and involuntary
commitment procedures to persons who have drug dependence, who are
incapacitated by use of other drugs, and who habitually lack self-control as to the
use of drugs. The bill does not change the current criteria or procedures for
involuntary commitment of a drug dependent person under the traditional
involuntary commitment for treatment provision.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB5,1 1Section 1. 46.031 (2r) (a) 3. of the statutes is amended to read:
SB5,2,42 46.031 (2r) (a) 3. Is for the treatment of alcoholics or persons who are drug
3dependent
in treatment facilities which have not been approved by the department
4in accordance with s. 51.45 (8).
SB5,2 5Section 2. 46.04 (1) (b) of the statutes is amended to read:
SB5,3,2
146.04 (1) (b) “Drug dependent" has the meaning specified under s. 51.01 (8)
2(8b).
SB5,3 3Section 3. 46.28 (1) (b) of the statutes is amended to read:
SB5,3,64 46.28 (1) (b) “Chronically disabled" means any person who is alcoholic,
5developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1),
6(5), (8) (8b), and (13), or any person who is physically disabled.
SB5,4 7Section 4. 48.02 (5g) of the statutes is amended to read:
SB5,3,88 48.02 (5g) “Drug dependent" has the meaning given in s. 51.01 (8) (8b).
SB5,5 9Section 5. 48.20 (6) of the statutes is amended to read:
SB5,3,1410 48.20 (6) If the child is believed to be an intoxicated person who has threatened,
11attempted, or inflicted physical harm on himself or herself or on another and is likely
12to inflict such physical harm unless committed, or is incapacitated by alcohol or
13another drug
, the person taking the child into physical custody, the intake worker,
14or other appropriate person shall proceed under s. 51.45 (11).
SB5,6 15Section 6. 48.203 (5) of the statutes is amended to read:
SB5,3,2116 48.203 (5) If the adult expectant mother is believed to be an intoxicated person
17who has threatened, attempted, or inflicted physical harm on herself or on another
18and is likely to inflict such physical harm unless committed, or is incapacitated by
19alcohol or another drug, the person taking the adult expectant mother into physical
20custody, the intake worker, or other appropriate person shall proceed under s. 51.45
21(11).
SB5,7 22Section 7. 49.45 (25) (am) 5. of the statutes is amended to read:
SB5,3,2323 49.45 (25) (am) 5. Is drug dependent, as defined under s. 51.01 (8) (8b).
SB5,8 24Section 8. 51.01 (8) of the statutes is amended to read:
SB5,4,4
151.01 (8) “Drug dependent dependence" means a person who uses disease that
2is characterized by the dependency of a person on
one or more drugs to the extent that
3the person's health is substantially impaired or his or her social or economic
4functioning is substantially disrupted.
SB5,9 5Section 9. 51.01 (8b) of the statutes is created to read:
SB5,4,66 51.01 (8b) “Drug dependent" means suffering from drug dependence.
SB5,10 7Section 10. 51.08 of the statutes is amended to read:
SB5,4,18 851.08 Milwaukee County Mental Health Complex. Any county having a
9population of 500,000 or more may, pursuant to s. 46.17, establish and maintain a
10county mental health complex. The county mental health complex shall be a hospital
11devoted to the detention and care of drug addicts, alcoholics, chronic patients, and
12mentally ill persons whose mental illness is acute. Such hospital shall be governed
13pursuant to s. 46.21. Treatment of alcoholics and persons who are drug dependent
14at the county mental health complex is subject to approval by the department under
15s. 51.45 (8). The county mental health complex established pursuant to this section
16is subject to rules promulgated by the department concerning hospital standards.
17The county board may not sell the county mental health complex under this section
18without approval of the Milwaukee County mental health board.
SB5,11 19Section 11. 51.09 of the statutes is amended to read:
SB5,5,2 2051.09 County hospitals. Any county having a population of less than 500,000
21may establish a hospital or facilities for the detention and care of mentally ill
22persons, alcoholics, and drug addicts; and in connection therewith a hospital or
23facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals
24established pursuant to this section are subject to rules promulgated by the
25department concerning hospital standards, including standards for alcoholic

1treatment facilities under s. 51.45 (8) for alcoholics and persons who are drug
2dependent
.
SB5,12 3Section 12. 51.10 (3) of the statutes is amended to read:
SB5,5,54 51.10 (3) Voluntary admission of adult alcoholics and adults who are drug
5dependent
shall be in accordance with s. 51.45 (10).
SB5,13 6Section 13. 51.20 (16) (a) of the statutes is amended to read:
SB5,5,127 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13),
8any patient who is involuntarily committed for treatment under this chapter, may
9on the patient's own verified petition, except in the case of a minor who is under 14
10years of age, or on the verified petition of the patient's guardian, relative, friend, or
11any person providing treatment under the order of commitment, request a
12reexamination or request the court to modify or cancel an order of commitment.
SB5,14 13Section 14. 51.20 (17) of the statutes is amended to read:
SB5,5,2314 51.20 (17) Right to reevaluation. With the exception of alcoholic
15commitments under s. 51.45 (13), every patient committed involuntarily to a board
16under this chapter shall be reevaluated by the treatment staff or visiting physician
17within 30 days after the commitment, and within 3 months after the initial
18reevaluation, and again thereafter at least once each 6 months for the purpose of
19determining whether such patient has made sufficient progress to be entitled to
20transfer to a less restrictive facility or discharge. The findings of such reevaluation
21shall be written and placed with the patient's treatment record, and a copy shall be
22sent to the board which that has responsibility for the patient and to the committing
23court.
SB5,15 24Section 15. 51.35 (3) (c) of the statutes is amended to read:
SB5,6,15
151.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
2secured residential care center for children and youth or a licensed physician of the
3department of corrections, who has reason to believe that any individual confined in
4the juvenile correctional facility or secured residential care center for children and
5youth, in his or her opinion, has a mental illness, drug dependency, or developmental
6disability and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and
7is dangerous and is an alcoholic or a person who is drug dependent as described in
8s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the
9juvenile correctional facility or secured residential care center for children and
10youth, stating the nature and basis of the belief. If the superintendent, upon review
11of the allegations in the report, determines that transfer is appropriate, he or she
12shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise
13jurisdiction under chs. 48 and 938 of the county where the juvenile correctional
14facility or secured residential care center for children and youth is located. The court
15shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).
SB5,16 16Section 16. 51.35 (3) (e) of the statutes is amended to read:
SB5,7,1317 51.35 (3) (e) The department of corrections may authorize emergency transfer
18of an individual from a juvenile correctional facility or a secured residential care
19center for children and youth to a state treatment facility if there is cause to believe
20that the individual has a mental illness, drug dependency, or developmental
21disability and exhibits conduct that constitutes a danger as described under s. 51.20
22(1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous,
23and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is
24dangerous and is an alcoholic or a person who is drug dependent as provided in s.
2551.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or

1secured residential care center for children and youth shall execute a statement of
2emergency detention or petition for emergency commitment for the individual and
3deliver it to the receiving state treatment facility. The department of health services
4shall file the statement or petition with the court within 24 hours after the subject
5individual is received for detention or commitment. The statement or petition shall
6conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
7the director of the receiving facility may file a petition for continued commitment
8under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile
9correctional facility or secured residential care center for children and youth from
10which the transfer was made. As an alternative to this procedure, the procedure
11provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be
12released without the approval of the court that directed confinement in the juvenile
13correctional facility or secured residential care center for children and youth.
SB5,17 14Section 17. 51.37 (5) (a) of the statutes is amended to read:
SB5,8,415 51.37 (5) (a) When a licensed physician or licensed psychologist of a state
16prison, of a county jail or of the department of corrections reports in writing to the
17officer in charge of a jail or institution that any prisoner is, in his or her opinion,
18mentally ill, drug dependent, or developmentally disabled and is appropriate for
19treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous and is an
20alcoholic or a person who is drug dependent
as described in s. 51.45 (13) (a) 1. and
212.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or
22is an alcoholic and is in need of psychiatric or psychological treatment, and that the
23prisoner voluntarily consents to a transfer for treatment, the officer shall make a
24written report to the department of corrections which may transfer the prisoner if
25a voluntary application is made and the department of health services consents. If

1voluntary application is not made, the department of corrections may file a petition
2for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a
3prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall
4be included as part of the individual's sentence.
SB5,18 5Section 18. 51.37 (5) (b) of the statutes is amended to read:
SB5,8,246 51.37 (5) (b) The department of corrections may authorize an emergency
7transfer of an individual from a prison, jail or other criminal detention facility to a
8state treatment facility if there is cause to believe that the individual is mentally ill,
9drug dependent or developmentally disabled and exhibits conduct which constitutes
10a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself
11or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
12(a) 2. e. or is an alcoholic and is dangerous and is an alcoholic or a person who is drug
13dependent
as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the
14sending institution shall execute a statement of emergency detention or petition for
15emergency commitment for the individual and deliver it to the receiving state
16treatment facility. The department of health services shall file the statement or
17petition with the court within 24 hours after receiving the subject individual for
18detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12)
19(b). After an emergency transfer is made, the director of the receiving facility may
20file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return
21the individual to the institution from which the transfer was made. As an alternative
22to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may
23be used, except that no prisoner may be released without the approval of the court
24which directed confinement in the institution.
SB5,19 25Section 19. 51.42 (3) (ar) 2. of the statutes is amended to read:
SB5,9,4
151.42 (3) (ar) 2. Enter into contracts for the use of any facility as an approved
2public treatment facility under s. 51.45 for the treatment of alcoholics or persons who
3are drug dependent
if the county department of community programs deems it to be
4an effective and economical course to follow.
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