Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB722 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 27, 2024
2		-	2023 Senate Bill 722 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 229
4		-	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
5		-	create 51.01 (1d), 51.01 (8m), 51.37 (5) (bm) and 301.28 (3) of the statutes; relating to: active psychosis and mental
6		-	health treatment for prisoners.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 46.28 (1) (b) of the statutes is amended
10		-	to read:
11		-	46.28 (1) (b) “Chronically disabled” means any per-
12		-	son who is alcoholic, developmentally disabled, drug
13		-	dependent, or mentally ill, as defined in s. 51.01 (1) (1h),
14		-	(5), (8b), and (13), or any person who is physically dis-
15		-	abled.
16		-	SECTION 2. 49.45 (25) (am) 4. of the statutes is
17		-	amended to read:
18		-	49.45 (25) (am) 4. Is an alcoholic, as defined under
19		-	s. 51.01 (1) (1h).
20		-	SECTION 3. 51.01 (1) of the statutes is renumbered
21		-	51.01 (1h).
22		-	SECTION 4. 51.01 (1d) of the statutes is created to
23		-	read:
24		-	51.01 (1d) “Active psychosis” means a severe mental
25		-	condition where an individual’s mental reality is sepa-
26		-	rated from the individual’s physical reality and the indi-
27		-	vidual experiences symptoms such as hallucinations or
28		-	delusions.
29		-	SECTION 5. 51.01 (8m) of the statutes is created to
30		-	read:
31		-	51.01 (8m) “Health care professional” means any of
32		-	the following:
33		-	(a) A registered nurse who is licensed under s.
34		-	441.06, who is permitted under s. 441.08, or who holds
35		-	a multistate license, as defined in s. 441.51 (2) (h), issued
36		-	in a party state, as defined in s. 441.51 (2) (k).
37		-	(b) A licensed practical nurse who is licensed or has
38		-	a temporary permit under s. 441.10 or who holds a multi-
39		-	state license, as defined in s. 441.51 (2) (h), issued in a
40		-	party state, as defined in s. 441.51 (2) (k).
41		-	(c) A physician who is licensed to practice medicine
42		-	and surgery under s. 448.02.
43		-	(d) A physician assistant who is licensed under s.
44		-	448.974.
45		-	(e) A psychologist who is licensed to practice psy-
46		-	chology under subch. I of ch. 455.
47		-	(f) A person providing psychological services under
48		-	s. 455.02 (2m) (o).
49		-	SECTION 6. 51.37 (5) (a) of the statutes is amended
50		-	to read:
51		-	51.37 (5) (a) When a licensed physician or licensed
52		-	psychologist health care professional of a state prison, of
53		-	a county jail, or of the department of corrections reports
54		-	in writing to the officer in charge of a jail or institution
55		-	that any prisoner is, in his or her opinion, mentally ill,
56		-	drug dependent, or developmentally disabled and is
57		-	appropriate for treatment as described in s. 51.20 (1), or
58		-	is dangerous and is an alcoholic or a person who is drug
59		-	* 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
60		-	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
61		-	dependent as described in s. 51.45 (13) (a) 1. and 2.; or
62		-	that the prisoner is mentally ill, drug dependent, develop-
63		-	mentally disabled or is an alcoholic and is in need of psy-
64		-	chiatric or psychological treatment, and that the prisoner
65		-	voluntarily consents to a transfer for treatment, the offi-
66		-	cer shall make a written report to the department of cor-
67		-	rections which may transfer the prisoner if a voluntary
68		-	application is made and the department of health services
69		-	consents. If voluntary application is not made, the
70		-	department of corrections may file a petition for involun-
71		-	tary commitment under s. 51.20 (1) or 51.45 (13). Any
72		-	time spent by a prisoner in an institution designated under
73		-	sub. (3) or s. 51.37 (2), 1983 stats., shall be included as
74		-	part of the individual’s sentence.
75		-	SECTION 7. 51.37 (5) (b) of the statutes is amended
76		-	to read:
77		-	51.37 (5) (b) The department of corrections may
78		-	authorize an emergency transfer of an individual from a
79		-	prison, jail, or other criminal detention facility to a state
80		-	treatment facility if there is cause to believe that the indi-
81		-	vidual is mentally ill, drug dependent, or developmen-
82		-	tally disabled and exhibits conduct which constitutes a
83		-	danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of
84		-	physical harm to himself or herself or to others, or is men-
85		-	tally ill and satisfies the standard under s. 51.20 (1) (a) 2.
86		-	e. or is dangerous and is an alcoholic or a person who is
87		-	drug dependent as provided in s. 51.45 (13) (a) 1. and 2.
88		-	If there is cause to believe that an individual is in active
89		-	psychosis and exhibits conduct which constitutes a dan-
90		-	ger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of
91		-	physical harm to himself or herself or to others and the
92		-	individual remains in active psychosis for more than 72
93		-	hours and has not been stabilized, the department of cor-
94		-	rections shall authorize the emergency transfer of the
95		-	individual from a prison, and the sheriff or other keeper
96		-	of a jail or other criminal detention facility shall authorize
97		-	the emergency transfer of the individual from a jail or
98		-	other criminal detention facility to a state treatment facil-
99		-	ity or, if the individual has been sentenced to prison, to the
100		-	Wisconsin Resource Center established under s. 46.056.
101		-	The correctional custodian of the sending institution and
102		-	the attending health care professional of the sending
103		-	institution shall jointly execute a statement of emergency
104		-	detention or petition for emergency commitment for the
105		-	individual and deliver it to the receiving state treatment
106		-	facility or the Wisconsin Resource Center established
107		-	under s. 46.056. The department of health services shall
108		-	file the statement or petition with the court within 24
109		-	hours after receiving the subject individual for detention.
110		-	The statement or petition shall conform to s. 51.15 (4) or
111		-	(5) or 51.45 (12) (b). After an emergency transfer is
112		-	made, the director of the receiving facility or center may
113		-	file a petition for continued commitment under s. 51.20
114		-	(1) or 51.45 (13) or may return the individual to the insti-
115		-	tution from which the transfer was made. As an alterna-
116		-	tive to this procedure, the emergency detention proce-
117		-	dure in s. 51.15 or 51.45 (12) may be used, except that no
118		-	prisoner may be released without the approval of the
119		-	court which directed confinement in the institution. Any
120		-	transportation expenses related to a transfer under this
121		-	paragraph shall be paid for by the department of correc-
122		-	tions.
123		-	SECTION 8. 51.37 (5) (bm) of the statutes is created
124		-	to read:
125		-	51.37 (5) (bm) If an individual in active psychosis
126		-	has not been transferred to a state treatment facility or the
127		-	Wisconsin Resource Center established under s. 46.056
128		-	within 48 hours after the department of corrections
129		-	authorized an emergency transfer under par. (b), the
130		-	attending health care professional of the sending institu-
131		-	tion shall evaluate the individual every 24 hours until the
132		-	individual is transferred.
133		-	SECTION 9. 301.28 (3) of the statutes is created to
134		-	read:
135		-	301.28 (3) The training program approved by the
136		-	department under sub. (2) (b) shall include a require-
137		-	ment that each correctional officer be trained to identify
138		-	symptoms of active psychosis, as defined in s. 51.01
139		-	(1d), among prisoners and how to report such symptoms
140		-	to the superintendent of the correctional institution and
141		-	to appropriate medical personnel at the correctional
142		-	institution.
	1	+	LRB-3783/1
	2	+	MJW&KMS:emw&cjs
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 722
	5	+	November 21, 2023 - Introduced by Senator CABRAL-GUEVARA, cosponsored by
	6	+	Representatives SCHRAA, MAGNAFICI, MOSES, MURSAU and SAPIK. Referred to
	7	+	Committee on Mental Health, Substance Abuse Prevention, Children and
	8	+	Families.
	9	+	AN ACT to renumber 51.01 (1); to amend 46.28 (1) (b), 49.45 (25) (am) 4., 51.37
	10	+	(5) (a) and 51.37 (5) (b); and to create 51.01 (1d), 51.01 (8m), 51.37 (5) (bm) and
	11	+	301.28 (3) of the statutes; relating to: active psychosis and mental health
	12	+	treatment for prisoners.
	13	+	Analysis by the Legislative Reference Bureau
	14	+	This bill provides that the Department of Corrections' training program for
	15	+	correctional officers must include training to identify symptoms of active psychosis
	16	+	among prisoners and training on how to report such symptoms to the superintendent
	17	+	of the correctional institution and to appropriate medical personnel at the
	18	+	correctional institution.
	19	+	Under current law, DOC may authorize a voluntary transfer of a prisoner from
	20	+	a jail or prison to a mental health treatment facility if, in the opinion of a physician
	21	+	or psychologist of the jail, the prison, or DOC, the prisoner meets the requirements
	22	+	for the voluntary transfer. Under the bill, DOC may authorize a voluntary transfer
	23	+	if, in the opinion of a health care professional of the jail, the prison, or DOC, the
	24	+	prisoner meets the requirements for the voluntary transfer. The bill defines a
	25	+	“health care professional” as a physician, psychologist, registered nurse, licensed
	26	+	practical nurse, or physician assistant.
	27	+	The bill also provides that DOC must authorize an emergency transfer of a
	28	+	prisoner from a prison or jail to a mental health treatment facility or the Wisconsin
	29	+	Resource Center if there is cause to believe the prisoner is in active psychosis and is
	30	+	a danger to himself or herself or to others. If 48 hours have passed since DOC
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	36	+	SENATE BILL 722
	37	+	authorized an emergency transfer of a prisoner in active psychosis, the bill requires
	38	+	the attending health care professional of the sending institution to evaluate the
	39	+	prisoner every 24 hours until the prisoner is transferred. Upon an emergency
	40	+	transfer of a prisoner from a prison or jail to a mental health treatment facility or the
	41	+	Wisconsin Resource Center, the correctional custodian and the attending health care
	42	+	professional of the sending institution must jointly execute a statement of emergency
	43	+	detention or a petition for emergency commitment for the prisoner and deliver it to
	44	+	the mental health treatment facility or the Wisconsin Resource Center. Under
	45	+	current law, only the correctional custodian of the sending institution must execute
	46	+	the statement of emergency detention or petition for emergency commitment.
	47	+	The people of the state of Wisconsin, represented in senate and assembly, do
	48	+	enact as follows:
	49	+	SECTION 1. 46.28 (1) (b) of the statutes is amended to read:
	50	+	46.28 (1) (b) “Chronically disabled" means any person who is alcoholic,
	51	+	developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1)
	52	+	(1h), (5), (8b), and (13), or any person who is physically disabled.
	53	+	SECTION 2. 49.45 (25) (am) 4. of the statutes is amended to read:
	54	+	49.45 (25) (am) 4. Is an alcoholic, as defined under s. 51.01 (1) (1h).
	55	+	SECTION 3. 51.01 (1) of the statutes is renumbered 51.01 (1h).
	56	+	SECTION 4. 51.01 (1d) of the statutes is created to read:
	57	+	51.01 (1d) “Active psychosis” means a severe mental condition where an
	58	+	individual's mental reality is separated from the individual's physical reality and the
	59	+	individual experiences symptoms such as hallucinations or delusions.
	60	+	SECTION 5. 51.01 (8m) of the statutes is created to read:
	61	+	51.01 (8m) “Health care professional” has the meaning given under s. 16.417
	62	+	(1) (e).
	63	+	SECTION 6. 51.37 (5) (a) of the statutes is amended to read:
	64	+	51.37 (5) (a) When a licensed physician or licensed psychologist health care
	65	+	professional of a state prison, of a county jail, or of the department of corrections
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	85	+	SECTION 6
	86	+	SENATE BILL 722
	87	+	reports in writing to the officer in charge of a jail or institution that any prisoner is,
	88	+	in his or her opinion, mentally ill, drug dependent, or developmentally disabled and
	89	+	is appropriate for treatment as described in s. 51.20 (1), or is dangerous and is an
	90	+	alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and
	91	+	2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or
	92	+	is an alcoholic and is in need of psychiatric or psychological treatment, and that the
	93	+	prisoner voluntarily consents to a transfer for treatment, the officer shall make a
	94	+	written report to the department of corrections which may transfer the prisoner if
	95	+	a voluntary application is made and the department of health services consents. If
	96	+	voluntary application is not made, the department of corrections may file a petition
	97	+	for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a
	98	+	prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall
	99	+	be included as part of the individual's sentence.
	100	+	SECTION 7. 51.37 (5) (b) of the statutes is amended to read:
	101	+	51.37 (5) (b) The department of corrections may authorize an emergency
	102	+	transfer of an individual from a prison, jail, or other criminal detention facility to a
	103	+	state treatment facility if there is cause to believe that the individual is mentally ill,
	104	+	drug dependent, or developmentally disabled and exhibits conduct which constitutes
	105	+	a danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of physical harm to himself
	106	+	or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1)
	107	+	(a) 2. e. or is dangerous and is an alcoholic or a person who is drug dependent as
	108	+	provided in s. 51.45 (13) (a) 1. and 2. The department of corrections shall authorize
	109	+	an emergency transfer of an individual from a prison, jail, or other criminal detention
	110	+	facility to a state treatment facility or the Wisconsin Resource Center established
	111	+	under s. 46.056 if there is cause to believe that the individual is in active psychosis
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	138	+	SECTION 7 SENATE BILL 722
	139	+	and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a.,
	140	+	b., c., or d. of physical harm to himself or herself or to others. The correctional
	141	+	custodian of the sending institution and the attending health care professional of the
	142	+	sending institution shall jointly execute a statement of emergency detention or
	143	+	petition for emergency commitment for the individual and deliver it to the receiving
	144	+	state treatment facility or the Wisconsin Resource Center established under s.
	145	+	46.056. The department of health services shall file the statement or petition with
	146	+	the court within 24 hours after receiving the subject individual for detention. The
	147	+	statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an
	148	+	emergency transfer is made, the director of the receiving facility or center may file
	149	+	a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return
	150	+	the individual to the institution from which the transfer was made. As an alternative
	151	+	to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may
	152	+	be used, except that no prisoner may be released without the approval of the court
	153	+	which directed confinement in the institution. Any transportation expenses related
	154	+	to a transfer under this paragraph shall be paid for by the department of corrections.
	155	+	SECTION 8. 51.37 (5) (bm) of the statutes is created to read:
	156	+	51.37 (5) (bm) If an individual in active psychosis has not been transferred to
	157	+	a state treatment facility or the Wisconsin Resource Center established under s.
	158	+	46.056 within 48 hours after the department of corrections authorized an emergency
	159	+	transfer under par. (b), the attending health care professional of the sending
	160	+	institution shall evaluate the individual every 24 hours until the individual is
	161	+	transferred.
	162	+	SECTION 9. 301.28 (3) of the statutes is created to read:
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	189	+	SECTION 9
	190	+	SENATE BILL 722
	191	+	301.28 (3) The training program approved by the department under sub. (2)
	192	+	(b) shall include a requirement that each correctional officer be trained to identify
	193	+	symptoms of active psychosis, as defined in s. 51.01 (1d), among prisoners and how
	194	+	to report such symptoms to the superintendent of the correctional institution and to
	195	+	appropriate medical personnel at the correctional institution.
	196	+	(END)
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