Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB774 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 774
5	5	December 8, 2023 - Introduced by Representatives SCHRAA, MAGNAFICI, MOSES,
6	6	MURSAU and SAPIK, cosponsored by Senator CABRAL-GUEVARA. Referred to
7	7	Committee on Health, Aging and Long-Term Care.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 51.01 (1); to amend 46.28 (1) (b), 49.45 (25) (am) 4., 51.37
10	10	(5) (a) and 51.37 (5) (b); and to create 51.01 (1d), 51.01 (8m), 51.37 (5) (bm) and
11	11	301.28 (3) of the statutes; relating to: active psychosis and mental health
12	12	treatment for prisoners.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that the Department of Corrections' training program for
15	15	correctional officers must include training to identify symptoms of active psychosis
16	16	among prisoners and training on how to report such symptoms to the superintendent
17	17	of the correctional institution and to appropriate medical personnel at the
18	18	correctional institution.
19	19	Under current law, DOC may authorize a voluntary transfer of a prisoner from
20	20	a jail or prison to a mental health treatment facility if, in the opinion of a physician
21	21	or psychologist of the jail, the prison, or DOC, the prisoner meets the requirements
22	22	for the voluntary transfer. Under the bill, DOC may authorize a voluntary transfer
23	23	if, in the opinion of a health care professional of the jail, the prison, or DOC, the
24	24	prisoner meets the requirements for the voluntary transfer. The bill defines a
25	25	“health care professional” as a physician, psychologist, registered nurse, licensed
26	26	practical nurse, or physician assistant.
27	27	The bill also provides that DOC must authorize an emergency transfer of a
28	28	prisoner from a prison or jail to a mental health treatment facility or the Wisconsin
29	29	Resource Center if there is cause to believe the prisoner is in active psychosis and is
30	30	a danger to himself or herself or to others. If 48 hours have passed since DOC
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36	36	ASSEMBLY BILL 774
37	37	authorized an emergency transfer of a prisoner in active psychosis, the bill requires
38	38	the attending health care professional of the sending institution to evaluate the
39	39	prisoner every 24 hours until the prisoner is transferred. Upon an emergency
40	40	transfer of a prisoner from a prison or jail to a mental health treatment facility or the
41	41	Wisconsin Resource Center, the correctional custodian and the attending health care
42	42	professional of the sending institution must jointly execute a statement of emergency
43	43	detention or a petition for emergency commitment for the prisoner and deliver it to
44	44	the mental health treatment facility or the Wisconsin Resource Center. Under
45	45	current law, only the correctional custodian of the sending institution must execute
46	46	the statement of emergency detention or petition for emergency commitment.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 46.28 (1) (b) of the statutes is amended to read:
50	50	46.28 (1) (b) “Chronically disabled" means any person who is alcoholic,
51	51	developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1)
52	52	(1h), (5), (8b), and (13), or any person who is physically disabled.
53	53	SECTION 2. 49.45 (25) (am) 4. of the statutes is amended to read:
54	54	49.45 (25) (am) 4. Is an alcoholic, as defined under s. 51.01 (1) (1h).
55	55	SECTION 3. 51.01 (1) of the statutes is renumbered 51.01 (1h).
56	56	SECTION 4. 51.01 (1d) of the statutes is created to read:
57	57	51.01 (1d) “Active psychosis” means a severe mental condition where an
58	58	individual's mental reality is separated from the individual's physical reality and the
59	59	individual experiences symptoms such as hallucinations or delusions.
60	60	SECTION 5. 51.01 (8m) of the statutes is created to read:
61	61	51.01 (8m) “Health care professional” has the meaning given under s. 16.417
62	62	(1) (e).
63	63	SECTION 6. 51.37 (5) (a) of the statutes is amended to read:
64	64	51.37 (5) (a) When a licensed physician or licensed psychologist health care
65	65	professional of a state prison, of a county jail, or of the department of corrections
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85	85	SECTION 6
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87	87	reports in writing to the officer in charge of a jail or institution that any prisoner is,
88	88	in his or her opinion, mentally ill, drug dependent, or developmentally disabled and
89	89	is appropriate for treatment as described in s. 51.20 (1), or is dangerous and is an
90	90	alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and
91	91	2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or
92	92	is an alcoholic and is in need of psychiatric or psychological treatment, and that the
93	93	prisoner voluntarily consents to a transfer for treatment, the officer shall make a
94	94	written report to the department of corrections which may transfer the prisoner if
95	95	a voluntary application is made and the department of health services consents. If
96	96	voluntary application is not made, the department of corrections may file a petition
97	97	for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a
98	98	prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall
99	99	be included as part of the individual's sentence.
100	100	SECTION 7. 51.37 (5) (b) of the statutes is amended to read:
101	101	51.37 (5) (b) The department of corrections may authorize an emergency
102	102	transfer of an individual from a prison, jail, or other criminal detention facility to a
103	103	state treatment facility if there is cause to believe that the individual is mentally ill,
104	104	drug dependent, or developmentally disabled and exhibits conduct which constitutes
105	105	a danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of physical harm to himself
106	106	or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
107	107	(a) 2. e. or is dangerous and is an alcoholic or a person who is drug dependent as
108	108	provided in s. 51.45 (13) (a) 1. and 2. The department of corrections shall authorize
109	109	an emergency transfer of an individual from a prison, jail, or other criminal detention
110	110	facility to a state treatment facility or the Wisconsin Resource Center established
111	111	under s. 46.056 if there is cause to believe that the individual is in active psychosis
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138	138	SECTION 7 ASSEMBLY BILL 774
139	139	and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a.,
140	140	b., c., or d. of physical harm to himself or herself or to others. The correctional
141	141	custodian of the sending institution and the attending health care professional of the
142	142	sending institution shall jointly execute a statement of emergency detention or
143	143	petition for emergency commitment for the individual and deliver it to the receiving
144	144	state treatment facility or the Wisconsin Resource Center established under s.
145	145	46.056. The department of health services shall file the statement or petition with
146	146	the court within 24 hours after receiving the subject individual for detention. The
147	147	statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an
148	148	emergency transfer is made, the director of the receiving facility or center may file
149	149	a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return
150	150	the individual to the institution from which the transfer was made. As an alternative
151	151	to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may
152	152	be used, except that no prisoner may be released without the approval of the court
153	153	which directed confinement in the institution. Any transportation expenses related
154	154	to a transfer under this paragraph shall be paid for by the department of corrections.
155	155	SECTION 8. 51.37 (5) (bm) of the statutes is created to read:
156	156	51.37 (5) (bm) If an individual in active psychosis has not been transferred to
157	157	a state treatment facility or the Wisconsin Resource Center established under s.
158	158	46.056 within 48 hours after the department of corrections authorized an emergency
159	159	transfer under par. (b), the attending health care professional of the sending
160	160	institution shall evaluate the individual every 24 hours until the individual is
161	161	transferred.
162	162	SECTION 9. 301.28 (3) of the statutes is created to read:
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189	189	SECTION 9
190	190	ASSEMBLY BILL 774
191	191	301.28 (3) The training program approved by the department under sub. (2)
192	192	(b) shall include a requirement that each correctional officer be trained to identify
193	193	symptoms of active psychosis, as defined in s. 51.01 (1d), among prisoners and how
194	194	to report such symptoms to the superintendent of the correctional institution and to
195	195	appropriate medical personnel at the correctional institution.
196	196	(END)
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