SB 372

Under current law, a law enforcement officer or certain other persons may take

an individual into custody if the officer or other person has cause to believe that the

individual is mentally ill, drug dependent, or developmentally disabled, and that the

individual shows any of the following: 1) a substantial probability of physical harm

to himself or herself as manifested by evidence of recent threats of or attempts at

suicide or serious bodily harm; 2) a substantial probability of physical harm to other

persons as manifested by evidence of recent homicidal or other violent behavior, or

by evidence that others are placed in reasonable fear of violent behavior and serious

physical harm, as evidenced by a recent overt act, attempt, or threat to do serious

physical harm; 3) a substantial probability of physical impairment or injury to

himself or herself due to impaired judgment, as manifested by evidence of a recent

act or omission; or 4) due to mental illness or drug dependency, the inability to satisfy

basic needs for nourishment, medical care, shelter, or safety without prompt and

adequate treatment so that a substantial probability exists that death, serious

physical injury, serious physical debilitation, or serious physical disease will

imminently ensue unless the individual receives prompt and adequate treatment,

as evidenced by behavior manifested by a recent act or omission (standards for

emergency detention). The belief of the officer or other person must be based on a

specific recent overt act, attempt or threat to act, or omission either observed by the

officer or other person or reliably reported to the officer or other person. The county

department of community programs in the county in which the individual was taken

into custody must approve the need for detention, and for evaluation, diagnosis, and

treatment if permitted, before the law enforcement officer or other person delivers

the individual to the detention facility.

Under current law, in Milwaukee County, the law enforcement officer or other

person must sign a statement of emergency detention that provides detailed, specific

information on the basis for the belief that the individual meets the standards for

emergency detention. The law enforcement office or other person, in Milwaukee

County, delivers the individual to a detention facility along with the statement of

emergency detention. Then the treatment director of the facility must determine

within 24 hours whether the individual shall be detained or detained, evaluated,

diagnosed, and treated, if permitted. 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