SB 477

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

an individual into custody for emergency detention 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 officer 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. Current law defines the treatment director as

the person who has primary responsibility for the treatment provided by a treatment

facility and the term "treatment director" includes the medical director of a facility.

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,