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 Senate Bill 722 Senate Amendments 1 and 2
2023 SENATE BILL 722
2023 Senate Bill 722 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.
SENATE AMENDMENT 1
Senate 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.
SENATE AMENDMENT 2
Senate 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.
BILL HISTORY
Senator Cabral-Guevara offered Senate Amendment 1 on January 16, 2024, and Senate Amendment 2
on February 6, 2024. On February 8, 2024, the Senate Committee on Mental Health, Substance Abuse
Prevention, Children and Families voted to recommend adoption of Senate Amendment 1 and Senate
Amendment 2, and passage of the bill, as amended, on votes of Ayes, 5; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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