March 11, 2025 - Introduced by Joint Legislative Council. Referred to Committee on Mental Health and Substance Abuse Prevention.
AB114,1,3
1An Act to amend 51.15 (3), 51.15 (5), 51.15 (7), 51.15 (11) and 51.15 (12); to 2create 51.15 (4r) of the statutes; relating to: clinician initiation of emergency
3detention of a minor and providing a penalty. Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors.
Wisconsin law allows certain persons to take an individual who the person believes is mentally ill, developmentally disabled, or drug dependent into custody for 72 hours, based on observable behavior that the individual is “dangerous” to themself or others. This bill creates a process for certain medical and behavioral health clinicians to initiate the emergency detention of a minor. Current law provides detention procedures that apply only to emergency detentions in Milwaukee County and detention procedures that apply to all other counties. This bill allows a county, other than Milwaukee County, to elect to authorize certain medical and behavioral health clinicians to initiate emergency detentions of minors and creates a process for clinician-initiated detentions in counties that elect to allow clinicians to initiate emergency detentions.
Current Law
Under current law, a law enforcement officer or other person authorized to take a child or juvenile into custody under the state’s child welfare laws or juvenile justice code may take an individual into custody if the officer or other authorized person has cause to believe that the individual is mentally ill, developmentally disabled, or drug dependent and the individual evidences any of four statutorily prescribed standards of dangerousness. The officer or other authorized person’s belief must be based on either a specific overt act or attempt or threat to act or omission by the individual which is observed by the officer or person or a specific, recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person. In all cases, the officer or other authorized person must have cause to believe that taking the individual into custody is the least restrictive alternative appropriate to the individual’s needs.
County Approval
A county department of community programs must approve the need for detention and the need for evaluation, diagnosis, and treatment. To approve the detention, a psychiatrist, psychologist, or mental health professional must first perform a crisis assessment and agree with the need for detention. Further, the county department must reasonably believe that the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and to remove the substantial probability of physical harm, impairment, or injury to the individual or others.
Custody and Transportation
If the county approves the detention, the law enforcement officer or other authorized person must transport the individual to a facility for the detention. Another officer or person, another law enforcement agency, an ambulance service provider, or a third-party vendor may also provide the transportation. If an individual is under the physical control of a law enforcement officer or other authorized person, the individual is “in custody.” The individual remains in the custody of the officer or other authorized person until the individual arrives at the facility for the detention or is transferred to a different law enforcement agency for transport. Upon arrival at a facility, custody of the individual is transferred to the facility for the detention.
The amount of time an individual may be detained before further proceedings begin may total no more than 72 hours (excluding Saturdays, Sundays, and legal holidays), including the detention by a law enforcement officer or other authorized person and the time at a treatment facility.
Filing Statement of Emergency Detention
The law enforcement officer or other person authorized to take a child or juvenile into custody must file the statement of detention with the detention facility at the time of admission and with the court immediately thereafter. The filing of the statement has the same effect as a petition for involuntary commitment.
Liability