Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 15, 2024 Contact: Kelly McGraw, Staff Attorney
2023 Assembly Bill 774 Assembly Amendments 1, 2 and 3
2023 ASSEMBLY BILL 774
2023 Assembly Bill 774 requires the Department of Corrections (DOC) to 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 if there is cause to believe that the individual is in active
psychosis and exhibits conduct which constitutes a danger of physical harm to himself or herself or to
others. Specifically, the correctional custodian of the sending institution and the attending health care
professional of the sending institution must 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. Under the bill, a health care professional means a registered
nurse, licensed practical nurse, physician, physician assistant, or psychologist.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 additionally requires that the individual remains in active psychosis for more
than 72 hours and has not been stabilized to the provision that requires the DOC to 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 if there is cause to believe that the individual is in
active psychosis and exhibits conduct which constitutes a danger of physical harm to himself or herself
or to others.
ASSEMBLY AMENDMENT 2
Assembly Amendment 2 adds to the definition of “health care professional” a person providing
psychological services under an exception in current law for an employee of a state or local
governmental agency who meets certain requirements.
ASSEMBLY AMENDMENT 3
Assembly Amendment 3 specifies that the DOC must authorize an emergency transfer of an individual
from a prison, and the sheriff or other keeper of a jail or other criminal detention facility must authorize
an emergency transfer of an individual from a jail or other criminal detention facility to a state
treatment facility or, if the person has been sentenced to prison, the Wisconsin Resource Center.
BILL HISTORY
Representative Schraa offered Assembly Amendment 1 on January 18, 2024, Assembly Amendment 2
on February 6, 2024, and Assembly Amendment 3 on February 12, 2024. On February 14, 2024, the
Assembly Committee on Health, Aging and Long-Term Care voted to recommend adoption of Assembly - 2 -
Amendment 1, Assembly Amendment 2, Assembly Amendment 3, and passage of the bill, as amended,
on votes of Ayes, 15; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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