LRB-5437/1
EHS:skw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1002
January 25, 2024 - Introduced by Representatives DITTRICH, KURTZ, O'CONNOR,
MURSAU, SNYDER, SNODGRASS, NOVAK and MADISON, cosponsored by Senators
JAMES and BALLWEG. Referred to Committee on Health, Aging and Long-Term
Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 51.61 (1) (o); and to create 48.67 (6) and 51.044 (4) of the
statutes; relating to: video monitoring or recording in psychiatric residential
treatment facilities, residential care centers for children and youth, group
homes, and shelter care facilities and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Children and Families to promulgate rules
requiring all child welfare agencies that operate a residential care center for children
and youth, all group homes, and all shelter care facilities to adopt a policy for
monitoring safety, which may include the use of video surveillance and recording in
common areas, entrances, and exits.
Similarly, the bill requires the Department of Health Services to promulgate
rules requiring all psychiatric residential treatment facilities to adopt a policy for
monitoring safety, which may include the use of video surveillance and recording in
common areas, entrances, and exits.
Under current law, generally, an individual who is receiving services for mental
illness, developmental disability, alcoholism, or drug dependency (patient) has a
right not to be filmed or taped unless the patient signs an informed and voluntary
consent. This includes an individual who is admitted to a treatment facility or
detained, committed, or placed under the Children's Code. Under the bill, a patient
placed in a residential care center for children and youth, group home, shelter care
facility, or a psychiatric residential treatment facility may be subject to video
1
2
3
4 - 2 -2023 - 2024 Legislature LRB-5437/1
EHS:skw
ASSEMBLY BILL 1002
surveillance or recording in common areas, entrances, and exits without the patient's
consent as provided under a safety monitoring policy authorized under the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.67 (6) of the statutes is created to read:
48.67 (6) That all child welfare agencies that operate a residential care center
for children and youth, all group homes, and all shelter care facilities adopt a policy
for monitoring safety, which may include the use of video surveillance and recording
in common areas, entrances, and exits.
SECTION 2. 51.044 (4) of the statutes is created to read:
51.044 (4) VIDEO MONITORING. The department shall promulgate rules
requiring that all psychiatric residential treatment facilities adopt a policy for
monitoring safety, which may include the use of video surveillance and recording in
common areas, entrances, and exits.
SECTION 3. 51.61 (1) (o) of the statutes is amended to read:
51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
taped, unless the patient signs an informed and voluntary consent that specifically
authorizes a named individual or group to film or tape the patient for a particular
purpose or project during a specified time period. The patient may specify in the
consent periods during which, or situations in which, the patient may not be filmed
or taped. If a patient is adjudicated incompetent, the consent shall be granted on
behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
Mendota Mental Health Institute, a patient detained or committed under ch. 980,
or a patient who is in the legal custody of or under the supervision of the department
of corrections, may be subject to video surveillance or filmed or taped without the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 - 3 -2023 - 2024 Legislature
LRB-5437/1
EHS:skw
SECTION 3
ASSEMBLY BILL 1002
patient's consent, except that such a patient may not be filmed in patient bedrooms
or bathrooms without the patient's consent unless the patient is engaged in
dangerous or disruptive behavior. A patient placed in a residential care center for
children and youth, group home, or shelter care facility licensed under ch. 48 may
be subject to video surveillance or filmed or taped without the patient's consent as
authorized under s. 48.67 (6). A patient placed in a psychiatric residential treatment
facility certified under s. 51.044 may be subject to video surveillance or filmed or
taped without the patient's consent as authorized under s. 51.044 (4). A treatment
activity involving a patient committed or detained under ch. 980 may be filmed or
taped if the purpose of the recording is to assess the quality of the treatment activity
or to facilitate clinical supervision of the staff involved in the treatment activity.
SECTION 4. 51.61 (1) (o) of the statutes is amended to read:
51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
taped, unless the patient signs an informed and voluntary consent that specifically
authorizes a named individual or group to film or tape the patient for a particular
purpose or project during a specified time period. The patient may specify in the
consent periods during which, or situations in which, the patient may not be filmed
or taped. If a patient is adjudicated incompetent, the consent shall be granted on
behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
Mendota Mental Health Institute, a patient detained or committed under ch. 980,
or a patient who is in the legal custody of or under the supervision of the department
of corrections, may be subject to video surveillance or filmed or taped without the
patient's consent, except that such a patient may not be filmed in patient bedrooms
or bathrooms without the patient's consent unless the patient is engaged in
dangerous or disruptive behavior. A patient placed in a residential care center for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 4 -2023 - 2024 Legislature LRB-5437/1
EHS:skw
SECTION 4 ASSEMBLY BILL 1002
children and youth, group home, or shelter care facility licensed under ch. 48 may
be subject to video surveillance or filmed or taped without the patient's consent as
authorized under s. 48.67 (6). A treatment activity involving a patient committed
or detained under ch. 980 may be filmed or taped if the purpose of the recording is
to assess the quality of the treatment activity or to facilitate clinical supervision of
the staff involved in the treatment activity.
SECTION 5.0Nonstatutory provisions.
(1) RECONCILIATION PROVISIONS.
(a) If 2023 LRB-5301, in the manner shown in 2023 LRB-5301/1, is enacted
into law, if s. 51.044 is affected by that act, and if the treatment of that section by that
act takes effect in the 2023 legislative session, then the treatment of s. 51.61 (1) (o)
(by SECTION 4) by this act is void.
(b) If 2023 LRB-5301, in the manner shown in 2023 LRB-5301/1, is not enacted
into law, then the treatment of ss. 51.61 (1) (o) (by SECTION 3) and 51.044 (4) by this
act is void.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16