2025 - 2026 LEGISLATURE
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2025 SENATE BILL 109
March 7, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Mental Health, Substance Abuse Prevention, Children and Families.
AN ACT to amend 51.15 (3), 51.15 (5), 51.15 (7), 51.15 (11) and 51.15 (12); to
create 51.15 (4r) of the statutes; relating to: clinician initiation of emergency
detention of a minor and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
Joint Legislative Council Study Committee on Emergency Detention and Civil
Commitment of Minors.
Wisconsin law allows certain persons to take an individual who the person
believes is mentally ill, developmentally disabled, or drug dependent into custody for 72
hours, based on observable behavior that the individual is XdangerousY to themself or
others. This bill creates a process for certain medical and behavioral health clinicians
to initiate the emergency detention of a minor. Current law provides detention
procedures that apply only to emergency detentions in Milwaukee County and
detention procedures that apply to all other counties. This bill allows a county, other
than Milwaukee County, to elect to authorize certain medical and behavioral health
clinicians to initiate emergency detentions of minors and creates a process for clinician-
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initiated detentions in counties that elect to allow clinicians to initiate emergency
detentions.
Current Law
Under current law, a law enforcement officer or other person authorized to take a
child or juvenile into custody under the state[s child welfare laws or juvenile justice code
may take an individual into custody if the officer or other authorized person has cause
to believe that the individual is mentally ill, developmentally disabled, or drug
dependent and the individual evidences any of four statutorily prescribed standards of
dangerousness. The officer or other authorized person[s belief must be based on either
a specific overt act or attempt or threat to act or omission by the individual which is
observed by the officer or person or a specific, recent overt act or attempt or threat to act
or omission by the individual which is reliably reported to the officer or person by any
other person. In all cases, the officer or other authorized person must have cause to
believe that taking the individual into custody is the least restrictive alternative
appropriate to the individual[s needs.
County Approval
A county department of community programs must approve the need for
detention and the need for evaluation, diagnosis, and treatment. To approve the
detention, a psychiatrist, psychologist, or mental health professional must first perform
a crisis assessment and agree with the need for detention. Further, the county
department must reasonably believe that the individual will not voluntarily consent to
evaluation, diagnosis, and treatment necessary to stabilize the individual and to
remove the substantial probability of physical harm, impairment, or injury to the
individual or others.
Custody and Transportation
If the county approves the detention, the law enforcement officer or other
authorized person must transport the individual to a facility for the detention. Another
officer or person, another law enforcement agency, an ambulance service provider, or a
third-party vendor may also provide the transportation. If an individual is under the
physical control of a law enforcement officer or other authorized person, the individual
is Xin custody.Y The individual remains in the custody of the officer or other authorized
person until the individual arrives at the facility for the detention or is transferred to a
different law enforcement agency for transport. Upon arrival at a facility, custody of the
individual is transferred to the facility for the detention.
The amount of time an individual may be detained before further proceedings
begin may total no more than 72 hours (excluding Saturdays, Sundays, and legal
holidays), including the detention by a law enforcement officer or other authorized
person and the time at a treatment facility.
Filing Statement of Emergency Detention
The law enforcement officer or other person authorized to take a child or juvenile
into custody must file the statement of detention with the detention facility at the time
of admission and with the court immediately thereafter. The filing of the statement has
the same effect as a petition for involuntary commitment.
Liability
A person who acts in accordance with the statutory emergency detention
procedures, including making a determination that an individual has or does not have
mental illness or evidences or does not evidence a substantial probability of harm, is not
liable for any actions taken in good faith. Current law provides that the good faith of the
actor shall be presumed in a civil action. Whoever asserts that the individual who acts
in accordance with these procedures has not acted in good faith has the burden of
proving that assertion by clear and convincing evidence. A person who signs a
statement of emergency detention knowing the information contained in the statement
is false is guilty of a Class H felony. 2025 - 2026 Legislature
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The Bill
The bill allows a county, other than Milwaukee County, to elect to authorize
certain medical and behavioral health clinicians to initiate an emergency detention of a
minor and creates a process for clinician-initiated emergency detentions. This process
is optional for counties and is in addition to the current process that permits a law
enforcement officer or person authorized to take a child or juvenile into custody under
the child welfare laws or juvenile justice code to initiate an emergency detention by
taking a minor into custody. The procedure the bill creates does not alter the
emergency detention procedures specific to Milwaukee County.
Under the bill, a XclinicianY is a psychologist, a psychiatrist, a psychiatric nurse
practitioner, a psychiatric physician assistant, a marriage and family therapist, a
professional counselor, or a clinical social worker. A clinician must be in good standing
and may initiate an emergency detention only if the clinician has been authorized to do
so by the county.
Initiating Emergency Detention
The bill allows a clinician who has been authorized by a county to initiate
emergency detentions to initiate the emergency detention of a minor individual who
resides in that county if the clinician believes or has cause to believe that the minor
individual is mentally ill, is drug dependent, or is developmentally disabled, that taking
the minor into custody is the least restrictive alternative appropriate to the minor[s
needs, and that the minor individual evidences any of statutory standards of
dangerousness that currently apply to emergency detentions. The clinician[s belief
must be based on either a specific, recent overt act or attempt or threat to act or
omission by the individual which is observed by the clinician or a specific, recent overt
act or attempt or threat to act or omission by the individual which is reliably reported to
the clinician by any other person.
To initiate the emergency detention of a minor individual, the clinician must
prepare a statement of detention that includes certain information, including that the
initiator believes the minor individual has mental illness, and what that mental illness
is; detailed, specific information concerning the recent overt act, attempt, or threat to
act or omission on which the belief the minor is a danger to themself or others is based;
and the clinician initiator[s determination that taking the minor individual into custody
is the least restrictive alternative appropriate to the minor[s needs.
County Approval
The clinician initiator[s determination that emergency detention is appropriate is
subject to the approval of the county department in the county in which the minor
resides. The county approval is subject to the same requirements that apply to a
county[s approval of an emergency detention initiated by a law enforcement officer or
other person authorized to take a child or juvenile into custody or the child welfare laws
or juvenile justice code.
Custody and Transportation
If the county department approves a clinician-initiated detention, the county
department is responsible for placing the minor into custody and transporting the
minor or causing the minor to be transported to a treatment facility for purposes of
emergency detention. The county is responsible for the cost of transportation. The
county may contract with a law enforcement agency, an ambulance service, or a third-
party vendor for transportation. The bill specifies that, for the purposes of the 72-hour
detention limit, a minor individual is in custody from the time the county department
approves the detention of the minor individual. A county may request assistance from
a law enforcement agency to take or maintain custody of a minor to ensure the safety of
the minor or others during transportation for detention.
Filing Statement of Emergency Detention
Under the bill, the county department approving a clinician-initiated detention is 2025 - 2026 Legislature
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responsible for arranging to have the statement of emergency detention filed with the
detention facility at the time of admission. In addition, a clinician that initiates an
emergency detention must forward any information relating to the emergency detention
to the corporation counsel of the county approving the detention no later than the next
business day after initiation of the emergency detention, and the corporation counsel
must promptly file the statement of emergency detention with the court.
Liability
The bill applies the same liability limitations and penalties for making a false
statement that exist under current law to clinician-initiated emergency detentions.
County Authorization of Clinicians as Clinician-Initiators
The bill requires a county that elects to allow clinicians to initiate emergency
detentions to develop and provide a training program for clinicians on emergency
detention procedures. A county may enter into an agreement with one or more counties
to provide this training. To be approved as an emergency detention initiator by a
county, a clinician must attend and complete the county[s training program at least
every two years.
SECTION 1. 51.15 (3) of the statutes is amended to read:
51.15 (3) CUSTODY. An Except as otherwise provided under sub. (4r), an
individual is in custody when the individual is under the physical control of the law
enforcement officer, or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under ch. 938, for the purposes of emergency
detention. The individual remains in the custody of the law enforcement officer or
other person authorized to take a child into custody under ch. 48 or to take a
juvenile into custody under ch. 938 for transport for the purposes of emergency
detention, except that if a law enforcement agency contracts with another law
enforcement agency to transport an individual as described under sub. (2) (a) for
the purposes of emergency detention, custody is transferred to the transporting law
enforcement agency. Upon arrival at the facility under sub. (2), custody of the
individual is transferred to the facility.
SECTION 2. 51.15 (4r) of the statutes is created to read:
51.15 (4r) CLINICIAN-INITIATED EMERGENCY DETENTION OF A MINOR. (a) In
this subsection:
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1. XClinicianY means any of the following with a valid credential to practice in
this state:
a. A psychologist.
b. A psychiatrist.
c. A psychiatric nurse practitioner.
d. A psychiatric physician assistant.
e. A marriage and family therapist licensed under s. 457.10.
f. A professional counselor licensed under s. 457.12 or who is exercising the
professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this
state.
g. A clinical social worker who is licensed under s. 457.08 (4).
2. XClinicianY does not include an individual whose license, certificate, or
privilege is suspended, revoked, or voluntarily surrendered, or whose license,
certificate, or privilege is limited or restricted, when practicing in areas prohibited
by the limitation or restriction.
(b) 1. In addition to the process otherwise set forth in this section, under
which a law enforcement officer or other person authorized to take a child into
custody under ch. 48 or to take a juvenile into custody under ch. 938 may initiate an
emergency detention, a county may elect to authorize clinicians who have been
approved by the county to initiate emergency detentions.
2. If a county elects to allow clinicians to initiate emergency detentions under
this subsection, the county shall develop and provide a training program for
clinicians on emergency detention procedures. A county may enter into an
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agreement with one or more other counties to provide the training required under
this paragraph.
3. In order to be approved as an emergency detention initiator by a county
under this subsection, a clinician shall, at least every 2 years, attend and complete
the county[s training program on emergency detention procedures developed under
this subsection.
(c) 1. A clinician who has been approved by a county under this subsection as
an emergency detention initiator may initiate the emergency detention of a minor
who resides in that county if the clinician believes or has cause to believe that the
minor is mentally ill, is drug dependent, or is developmentally disabled, that taking
the minor into custody is the least restrictive alternative appropriate to the minor[s
needs, and that the minor evidences any of the standards described in sub. (1) (ar)
1. to 4.
2. A clinician initiator[s belief for purposes of subd. 1. is subject to the same
standards set forth under sub. (1) (b).
(d) To initiate the emergency detention of a minor under this subsection, the
clinician initiator shall prepare a statement of emergency detention that contains
certain information, including at least all of the following:
1. A statement that the clinician initiator believes or has cause to believe that
the minor is mentally ill, is drug dependent, or is developmentally disabled and, if
the clinician initiator believes or has cause to believe that the minor is mentally ill,
a statement of what the mental illness is.
2. Detailed, specific information concerning the recent overt act, attempt, or
threat to act or omission on which the clinician initiator[s belief under par. (c) 1. is
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based and the names of persons observing or reporting the recent overt act,
attempt, or threat to act or omission.
3. The clinician initiator[s determination that taking the minor into custody is
the least restrictive alternative appropriate to the minor[s needs.
(e) 1. The clinician initiator[s determination that emergency detention is
appropriate under this subsection is subject to the approval of the county
department of community programs for the county in which the minor resides, and
sub. (2) (c) applies to the county department[s approval.
2. If the county department approves the detention, the county department is
responsible for placing the minor into custody and transporting the minor or
causing the minor to be transported to a treatment facility for purposes of the
emergency detention. The county is responsible for the cost of transportation. A
county may contract with a law enforcement agency, an ambulance service, or a
3rd-party vendor for transportation of a minor for detention under this subdivision.
A county may request assistance from a law enforcement agency to take or
maintain custody of a minor to ensure the safety of the minor or others during
transportation of the minor for detention.
(f) Notwithstanding sub. (3), for purposes of an emergency detention initiated
by a clinician under this subsection, a minor is in custody from the time the county
department of community programs approves the detention of the minor under par.
(e). The minor is in the custody of the county from the time of county department[s
approval until custody is transferred to the person transporting the minor for the
purposes of emergency detention. Upon arrival at the facility under sub. (2),
custody of the minor is transferred to the facility.
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(g) The county department approving the detention under this subsection is
responsible for arranging to have the statement of emergency detention under par.
(d) filed with the detention facility at the time of admission. A clinician that
initiates an emergency detention under this subsection shall, no later than the next
business day after initiation of the emergency detention, forward all information
relating to the emergency detention, including the statement of emergency
detention, to the corporation counsel of the county approving the detention, and the
corporation counsel shall promptly file the statement of emergency detention with
the court.
(h) This subsection does not apply in counties having a population of 750,000
or more.
SECTION 3. 51.15 (5) of the statutes is amended to read:
51.15 (5) DETENTION PROCEDURE; OTHER COUNTIES. In Except as otherwise
provided under sub. (4r), in counties having a population of less than 750,000, the
law enforcement officer or other person authorized to take a child into custody
under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement
of emergency detention that shall provide detailed specific information concerning
the recent overt act, attempt, or threat to act or omission on which the belief under
sub. (1) is based and the names of persons observing or reporting the recent overt
act, attempt, or threat to act or omission. The law enforcement officer or other
person is not required to designate in the statement whether the subject individual
is mentally ill, developmentally disabled, or drug dependent, but shall allege that
he or she has cause to believe that the individual evidences one or more of these
conditions. The Except as otherwise provided under sub. (4r), the statement of
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emergency detention shall be filed by the officer or other person with the detention
facility at the time of admission, and with the court immediately thereafter. The
filing of the statement under this subsection or sub. (4r) has the same effect as a
petition for commitment under s. 51.20. When, upon the advice of the treatment
staff, the director of a facility specified in sub. (2) (d) determines that the grounds
for detention no longer exist, he or she shall discharge the individual detained
under this section. Unless a hearing is held under s. 51.20 (7) or 55.135, the subject
individual may not be detained by the law enforcement officer or other person and
the facility for more than a total of 72 hours after the individual is taken into
custody for the purposes of emergency detention, exclusive of Saturdays, Sundays,
and legal holidays.
SECTION 4. 51.15 (7) of the statutes is amended to read:
51.15 (7) INTERCOUNTY AGREEMENTS. Counties may enter into contracts
whereby one county agrees to conduct commitment hearings for individuals who
are detained in that county but who are taken into custody under this section in
another county. Such contracts shall include provisions for reimbursement to the
county of detention for all reasonable direct and auxiliary costs of commitment
proceedings conducted under this section and s. 51.20 by the county of detention
concerning individuals taken into custody in the other county and shall include
provisions to cover the cost of any voluntary or involuntary services provided under
this chapter to the subject individual as a result of proceedings or conditional
suspension of proceedings resulting from the notification of detention. Where there
is such a contract binding the county where the individual is taken into custody and
the county where the individual is detained, the statements of detention specified
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in subs. (4), (4r), and (5) and the notification specified in sub. (4) shall be filed with
the court having probate jurisdiction in the county of detention, unless the subject
individual requests that the proceedings be held in the county in which the
individual is taken into custody.
SECTION 5. 51.15 (11) of the statutes is amended to read:
51.15 (11) LIABILITY. Any individual who acts in accordance with this section,
including making a determination that an individual has or does not have mental
illness or evidences or does not evidence a substantial probability of harm under
sub. (1) (ar) 1., 2., 3., or 4. or (4r) or a determination under sub. (2) (b) that the
transfer of an individual is medically appropriate, is not liable for any actions taken
in good faith. The good faith of the actor shall be presumed in any civil action.
Whoever asserts that the individual who acts in accordance with this section has
not acted in good faith has the burden of proving that assertion by evidence that is
clear, satisfactory and convincing.
SECTION 6. 51.15 (12) of the statutes is amended to read:
51.15 (12) PENALTY. Whoever signs a statement under sub. (4), (4r), (5) or
(10) knowing the information contained therein to be false is guilty of a Class H
felony.
(END)
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