Date of enactment: March 27, 2024
2023 Senate Bill 722 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 229
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.
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 per-
son 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 dis-
abled.
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 sepa-
rated from the individual’s physical reality and the indi-
vidual 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” means any of
the following:
(a) A registered nurse who is licensed under s.
441.06, who is permitted under s. 441.08, or who holds
a multistate license, as defined in s. 441.51 (2) (h), issued
in a party state, as defined in s. 441.51 (2) (k).
(b) A licensed practical nurse who is licensed or has
a temporary permit under s. 441.10 or who holds a multi-
state license, as defined in s. 441.51 (2) (h), issued in a
party state, as defined in s. 441.51 (2) (k).
(c) A physician who is licensed to practice medicine
and surgery under s. 448.02.
(d) A physician assistant who is licensed under s.
448.974.
(e) A psychologist who is licensed to practice psy-
chology under subch. I of ch. 455.
(f) A person providing psychological services under
s. 455.02 (2m) (o).
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 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
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 229 2023 Senate Bill 722
dependent as described in s. 51.45 (13) (a) 1. and 2.; or
that the prisoner is mentally ill, drug dependent, develop-
mentally disabled or is an alcoholic and is in need of psy-
chiatric or psychological treatment, and that the prisoner
voluntarily consents to a transfer for treatment, the offi-
cer shall make a written report to the department of cor-
rections 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 involun-
tary 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 indi-
vidual is mentally ill, drug dependent, or developmen-
tally 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 men-
tally 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.
If there is cause to believe that an individual is in active
psychosis and exhibits conduct which constitutes a dan-
ger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of
physical harm to himself or herself or to others and the
individual remains in active psychosis for more than 72
hours and has not been stabilized, the department of cor-
rections shall authorize the emergency transfer of the
individual from a prison, and the sheriff or other keeper
of a jail or other criminal detention facility shall authorize
the emergency transfer of the individual from a jail or
other criminal detention facility to a state treatment facil-
ity or, if the individual has been sentenced to prison, to the
Wisconsin Resource Center established under s. 46.056.
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 insti-
tution from which the transfer was made. As an alterna-
tive to this procedure, the emergency detention proce-
dure 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 correc-
tions.
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 institu-
tion shall evaluate the individual every 24 hours until the
individual is transferred.
SECTION 9. 301.28 (3) of the statutes is created to
read:
301.28 (3) The training program approved by the
department under sub. (2) (b) shall include a require-
ment 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.