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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 774
December 8, 2023 - Introduced by Representatives SCHRAA, MAGNAFICI, MOSES,
MURSAU and SAPIK, cosponsored by Senator CABRAL-GUEVARA. Referred to
Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 51.01 (1); to amend 46.28 (1) (b), 49.45 (25) (am) 4., 51.37
(5) (a) and 51.37 (5) (b); and to create 51.01 (1d), 51.01 (8m), 51.37 (5) (bm) and
301.28 (3) of the statutes; relating to: active psychosis and mental health
treatment for prisoners.
Analysis by the Legislative Reference Bureau
This bill provides that the Department of Corrections' training program for
correctional officers must include training to identify symptoms of active psychosis
among prisoners and training on how to report such symptoms to the superintendent
of the correctional institution and to appropriate medical personnel at the
correctional institution.
Under current law, DOC may authorize a voluntary transfer of a prisoner from
a jail or prison to a mental health treatment facility if, in the opinion of a physician
or psychologist of the jail, the prison, or DOC, the prisoner meets the requirements
for the voluntary transfer. Under the bill, DOC may authorize a voluntary transfer
if, in the opinion of a health care professional of the jail, the prison, or DOC, the
prisoner meets the requirements for the voluntary transfer. The bill defines a
“health care professional” as a physician, psychologist, registered nurse, licensed
practical nurse, or physician assistant.
The bill also provides that DOC must authorize an emergency transfer of a
prisoner from a prison or jail to a mental health treatment facility or the Wisconsin
Resource Center if there is cause to believe the prisoner is in active psychosis and is
a danger to himself or herself or to others. If 48 hours have passed since DOC
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authorized an emergency transfer of a prisoner in active psychosis, the bill requires
the attending health care professional of the sending institution to evaluate the
prisoner every 24 hours until the prisoner is transferred. Upon an emergency
transfer of a prisoner from a prison or jail to a mental health treatment facility or the
Wisconsin Resource Center, the correctional custodian and the attending health care
professional of the sending institution must jointly execute a statement of emergency
detention or a petition for emergency commitment for the prisoner and deliver it to
the mental health treatment facility or the Wisconsin Resource Center. Under
current law, only the correctional custodian of the sending institution must execute
the statement of emergency detention or petition for emergency commitment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 46.28 (1) (b) of the statutes is amended to read:
46.28 (1) (b) “Chronically disabled" means any person who is alcoholic,
developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1)
(1h), (5), (8b), and (13), or any person who is physically disabled.
SECTION 2. 49.45 (25) (am) 4. of the statutes is amended to read:
49.45 (25) (am) 4. Is an alcoholic, as defined under s. 51.01 (1) (1h).
SECTION 3. 51.01 (1) of the statutes is renumbered 51.01 (1h).
SECTION 4. 51.01 (1d) of the statutes is created to read:
51.01 (1d) “Active psychosis” means a severe mental condition where an
individual's mental reality is separated from the individual's physical reality and the
individual experiences symptoms such as hallucinations or delusions.
SECTION 5. 51.01 (8m) of the statutes is created to read:
51.01 (8m) “Health care professional” has the meaning given under s. 16.417
(1) (e).
SECTION 6. 51.37 (5) (a) of the statutes is amended to read:
51.37 (5) (a) When a licensed physician or licensed psychologist health care
professional of a state prison, of a county jail, or of the department of corrections
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reports in writing to the officer in charge of a jail or institution that any prisoner is,
in his or her opinion, mentally ill, drug dependent, or developmentally disabled and
is appropriate for treatment as described in s. 51.20 (1), or is dangerous and is an
alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and
2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or
is an alcoholic and is in need of psychiatric or psychological treatment, and that the
prisoner voluntarily consents to a transfer for treatment, the officer shall make a
written report to the department of corrections which may transfer the prisoner if
a voluntary application is made and the department of health services consents. If
voluntary application is not made, the department of corrections may file a petition
for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a
prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall
be included as part of the individual's sentence.
SECTION 7. 51.37 (5) (b) of the statutes is amended to read:
51.37 (5) (b) The department of corrections may authorize an emergency
transfer of an individual from a prison, jail, or other criminal detention facility to a
state treatment facility if there is cause to believe that the individual is mentally ill,
drug dependent, or developmentally disabled and exhibits conduct which constitutes
a danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of physical harm to himself
or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
(a) 2. e. or is dangerous and is an alcoholic or a person who is drug dependent as
provided in s. 51.45 (13) (a) 1. and 2. The department of corrections shall authorize
an emergency transfer of an individual from a prison, jail, or other criminal detention
facility to a state treatment facility or the Wisconsin Resource Center established
under s. 46.056 if there is cause to believe that the individual is in active psychosis
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SECTION 7 ASSEMBLY BILL 774
and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a.,
b., c., or d. of physical harm to himself or herself or to others. The correctional
custodian of the sending institution and the attending health care professional of the
sending institution shall jointly execute a statement of emergency detention or
petition for emergency commitment for the individual and deliver it to the receiving
state treatment facility or the Wisconsin Resource Center established under s.
46.056. The department of health services shall file the statement or petition with
the court within 24 hours after receiving the subject individual for detention. The
statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an
emergency transfer is made, the director of the receiving facility or center may file
a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return
the individual to the institution from which the transfer was made. As an alternative
to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may
be used, except that no prisoner may be released without the approval of the court
which directed confinement in the institution. Any transportation expenses related
to a transfer under this paragraph shall be paid for by the department of corrections.
SECTION 8. 51.37 (5) (bm) of the statutes is created to read:
51.37 (5) (bm) If an individual in active psychosis has not been transferred to
a state treatment facility or the Wisconsin Resource Center established under s.
46.056 within 48 hours after the department of corrections authorized an emergency
transfer under par. (b), the attending health care professional of the sending
institution shall evaluate the individual every 24 hours until the individual is
transferred.
SECTION 9. 301.28 (3) of the statutes is created to read:
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SECTION 9
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301.28 (3) The training program approved by the department under sub. (2)
(b) shall include a requirement that each correctional officer be trained to identify
symptoms of active psychosis, as defined in s. 51.01 (1d), among prisoners and how
to report such symptoms to the superintendent of the correctional institution and to
appropriate medical personnel at the correctional institution.
(END)
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