Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1002 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1002
5	5	January 25, 2024 - Introduced by Representatives DITTRICH, KURTZ, O'CONNOR,
6	6	MURSAU, SNYDER, SNODGRASS, NOVAK and MADISON, cosponsored by Senators
7	7	JAMES and BALLWEG. Referred to Committee on Health, Aging and Long-Term
8	8	Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 51.61 (1) (o); and to create 48.67 (6) and 51.044 (4) of the
11	11	statutes; relating to: video monitoring or recording in psychiatric residential
12	12	treatment facilities, residential care centers for children and youth, group
13	13	homes, and shelter care facilities and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires the Department of Children and Families to promulgate rules
16	16	requiring all child welfare agencies that operate a residential care center for children
17	17	and youth, all group homes, and all shelter care facilities to adopt a policy for
18	18	monitoring safety, which may include the use of video surveillance and recording in
19	19	common areas, entrances, and exits.
20	20	Similarly, the bill requires the Department of Health Services to promulgate
21	21	rules requiring all psychiatric residential treatment facilities to adopt a policy for
22	22	monitoring safety, which may include the use of video surveillance and recording in
23	23	common areas, entrances, and exits.
24	24	Under current law, generally, an individual who is receiving services for mental
25	25	illness, developmental disability, alcoholism, or drug dependency (patient) has a
26	26	right not to be filmed or taped unless the patient signs an informed and voluntary
27	27	consent. This includes an individual who is admitted to a treatment facility or
28	28	detained, committed, or placed under the Children's Code. Under the bill, a patient
29	29	placed in a residential care center for children and youth, group home, shelter care
30	30	facility, or a psychiatric residential treatment facility may be subject to video
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36	36	ASSEMBLY BILL 1002
37	37	surveillance or recording in common areas, entrances, and exits without the patient's
38	38	consent as provided under a safety monitoring policy authorized under the bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 48.67 (6) of the statutes is created to read:
42	42	48.67 (6) That all child welfare agencies that operate a residential care center
43	43	for children and youth, all group homes, and all shelter care facilities adopt a policy
44	44	for monitoring safety, which may include the use of video surveillance and recording
45	45	in common areas, entrances, and exits.
46	46	SECTION 2. 51.044 (4) of the statutes is created to read:
47	47	51.044 (4) VIDEO MONITORING. The department shall promulgate rules
48	48	requiring that all psychiatric residential treatment facilities adopt a policy for
49	49	monitoring safety, which may include the use of video surveillance and recording in
50	50	common areas, entrances, and exits.
51	51	SECTION 3. 51.61 (1) (o) of the statutes is amended to read:
52	52	51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
53	53	taped, unless the patient signs an informed and voluntary consent that specifically
54	54	authorizes a named individual or group to film or tape the patient for a particular
55	55	purpose or project during a specified time period. The patient may specify in the
56	56	consent periods during which, or situations in which, the patient may not be filmed
57	57	or taped. If a patient is adjudicated incompetent, the consent shall be granted on
58	58	behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
59	59	Mendota Mental Health Institute, a patient detained or committed under ch. 980,
60	60	or a patient who is in the legal custody of or under the supervision of the department
61	61	of corrections, may be subject to video surveillance or filmed or taped without the
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85	85	SECTION 3
86	86	ASSEMBLY BILL 1002
87	87	patient's consent, except that such a patient may not be filmed in patient bedrooms
88	88	or bathrooms without the patient's consent unless the patient is engaged in
89	89	dangerous or disruptive behavior. A patient placed in a residential care center for
90	90	children and youth, group home, or shelter care facility licensed under ch. 48 may
91	91	be subject to video surveillance or filmed or taped without the patient's consent as
92	92	authorized under s. 48.67 (6). A patient placed in a psychiatric residential treatment
93	93	facility certified under s. 51.044 may be subject to video surveillance or filmed or
94	94	taped without the patient's consent as authorized under s. 51.044 (4). A treatment
95	95	activity involving a patient committed or detained under ch. 980 may be filmed or
96	96	taped if the purpose of the recording is to assess the quality of the treatment activity
97	97	or to facilitate clinical supervision of the staff involved in the treatment activity.
98	98	SECTION 4. 51.61 (1) (o) of the statutes is amended to read:
99	99	51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
100	100	taped, unless the patient signs an informed and voluntary consent that specifically
101	101	authorizes a named individual or group to film or tape the patient for a particular
102	102	purpose or project during a specified time period. The patient may specify in the
103	103	consent periods during which, or situations in which, the patient may not be filmed
104	104	or taped. If a patient is adjudicated incompetent, the consent shall be granted on
105	105	behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
106	106	Mendota Mental Health Institute, a patient detained or committed under ch. 980,
107	107	or a patient who is in the legal custody of or under the supervision of the department
108	108	of corrections, may be subject to video surveillance or filmed or taped without the
109	109	patient's consent, except that such a patient may not be filmed in patient bedrooms
110	110	or bathrooms without the patient's consent unless the patient is engaged in
111	111	dangerous or disruptive behavior. A patient placed in a residential care center for
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138	138	SECTION 4 ASSEMBLY BILL 1002
139	139	children and youth, group home, or shelter care facility licensed under ch. 48 may
140	140	be subject to video surveillance or filmed or taped without the patient's consent as
141	141	authorized under s. 48.67 (6). A treatment activity involving a patient committed
142	142	or detained under ch. 980 may be filmed or taped if the purpose of the recording is
143	143	to assess the quality of the treatment activity or to facilitate clinical supervision of
144	144	the staff involved in the treatment activity.
145	145	SECTION 5.0Nonstatutory provisions.
146	146	(1) RECONCILIATION PROVISIONS.
147	147	(a) If 2023 LRB-5301, in the manner shown in 2023 LRB-5301/1, is enacted
148	148	into law, if s. 51.044 is affected by that act, and if the treatment of that section by that
149	149	act takes effect in the 2023 legislative session, then the treatment of s. 51.61 (1) (o)
150	150	(by SECTION 4) by this act is void.
151	151	(b) If 2023 LRB-5301, in the manner shown in 2023 LRB-5301/1, is not enacted
152	152	into law, then the treatment of ss. 51.61 (1) (o) (by SECTION 3) and 51.044 (4) by this
153	153	act is void.
154	154	(END)
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