Emergency detention pilot program in Milwaukee County. (FE)

The treatment director in Milwaukee County then may detain the individual for a period not to exceed 72 hours after delivery of the individual to the facility, excluding Saturdays, Sundays, and legal holidays. If the treatment director determines that the individual is not eligible for involuntary commitment, the treatment director must release the individual. If the treatment director determines that continued detention is appropriate, the treatment director must file the statement of detention, after supplementation if he or she desires, and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for involuntary commitment.

This bill creates a pilot program to grant authority to certain individuals to initiate an emergency detention in Milwaukee County for approximately two years before the pilot program terminates. The pilot program for Milwaukee County under the bill operates in addition to the statutory procedures for emergency detention under current law. Under the bill, in Milwaukee County, a treatment director or treatment director designee may take an individual into custody for emergency detention under the same standards as a law enforcement officer may take an individual into custody for emergency detention under current law. "Treatment director" has the same definition as current law, but under the bill, also includes a physician or psychologist who is an employee of, or on contract with, the Milwaukee County Behavioral Health Division and who actively assumes clinical responsibility for providing emergency service care. A treatment director designee (designee) is an individual who is all of the following: 1) a licensed clinical social worker, an advanced practice social worker, a licensed professional counselor, a licensed marriage and family therapist, or a psychiatric nurse; 2) an employee of, or on contract with, the Milwaukee County Behavioral Health Division; and 3) an individual who may provide care to individuals in accordance with and as permitted by licensure laws in collaboration with a treatment director who is assigned to the same service or program. The treatment director or designee must transport the individual, or cause the individual to be transported, for detention to any of the facilities allowed for emergency detention under current law and must approve evaluation, diagnosis, and treatment, if permitted.

Under the Milwaukee County pilot program in the bill, the treatment director or designee who takes the individual into custody for emergency detention must sign a statement of emergency detention on the basis for the belief that the individual meets the standards for emergency detention. The treatment director or designee must designate whether the subject individual is mentally ill, developmentally disabled, or drug dependent, and provide any information concerning his or her belief that the individual meets the standards for involuntary commitment. If evaluation, diagnosis, and treatment are permitted, the treatment director or designee must detain the individual for a period not to exceed 72 hours after delivery of the individual to the detention facility, excluding Saturdays, Sundays, and legal holidays. The bill requires the treatment director or designee to promptly file the original statement of emergency detention with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of that statement and notification has the same effect as a petition for involuntary commitment.

Before the date of termination of the pilot program in Milwaukee County, the legislative audit bureau must begin a performance evaluation audit of the pilot program including details specified in the bill. The bill requires certain Milwaukee County entities to provide access to information for and cooperate with the audit.