Wisconsin 2023-2024 Regular Session Status: Enacted 1 R cosponsors

SB 722 — Relating to: active psychosis and mental health treatment for prisoners.

Last action — Published 3-28-2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 21, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on March 28, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

127 added · 16 removed

Plain-language change summary

The recent amendments to SB 722 clarify the criteria for addressing prisoners experiencing active psychosis. Previously, the bill included specific language about emergency situations when a prisoner poses a danger due to their psychosis. The updated text simplifies this by removing those conditions, emphasizing the importance of ongoing evaluation and care for all individuals showing symptoms of active psychosis. This change is significant as it may lead to more consistent treatment and care for those in need, rather than waiting for them to reach a critical point.

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- 2024 LEGISLATURE LRBa0941/1 KMS:amn SENATE AMENDMENT 1, TO SENATE BILL 722 January 16, 2024 - Offered by SenatoABRALG UEVARA.
- 2024 LEGISLATURE LRB-3783/1 MJW&KMS:emw&cjs SENATE BILL 722 November 21, 2023 - Introduced by Senator C ABRAL-G UEVARA, cosponsored by Representatives S CHRAA, M AGNAFICI, MOSES, M URSAU and S APIK.
At the locations indicated, amend the bill as follows:
Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
1.
A N A CT to renumber 51.01 (1);
Page 3, line 22:
to amend 46.28 (1) (b), 49.45 (25) (am) 4., 51.37 (5) (a) and 51.37 (5) (b);
delete “The" and substitute “If there is cause to believe that an individual is in active psychosis and exhibits conduct which constitutes a danger as described in s.
and to create 51.01 (1d), 51.01 (8m), 51.37 (5) (bm) and 301.28 (3) of the statutes;
relating to:
active psychosis and mental health treatment for prisoners.
Analysis by the Legislative Reference Bureau This bill provides that the Department of Corrections' training program for correctional officers must include training to identify symptoms of active psychosis among prisoners and training on how to report such symptoms to the superintendent of the correctional institution and to appropriate medical personnel at the correctional institution.
Under current law, DOC may authorize a voluntary transfer of a prisoner from a jail or prison to a mental health treatment facility if, in the opinion of a physician or psychologist of the jail, the prison, or DOC, the prisoner meets the requirements for the voluntary transfer.
Under the bill, DOC may authorize a voluntary transfer if, in the opinion of a health care professional of the jail, the prison, or DOC, the prisoner meets the requirements for the voluntary transfer.
The bill defines a “health care professional” as a physician, psychologist, registered nurse, licensed practical nurse, or physician assistant.
The bill also provides that DOC must authorize an emergency transfer of a prisoner from a prison or jail to a mental health treatment facility or the Wisconsin Resource Center if there is cause to believe the prisoner is in active psychosis and is a danger to himself or herself or to others.
If 48 hours have passed since DOC - 2024 Legislature - 2 - LRB-3783/1 MJW&KMS:emw&cjs SENATE BILL 722 authorized an emergency transfer of a prisoner in active psychosis, the bill requires the attending health care professional of the sending institution to evaluate the prisoner every 24 hours until the prisoner is transferred.
Upon an emergency transfer of a prisoner from a prison or jail to a mental health treatment facility or the Wisconsin Resource Center, the correctional custodian and the attending health care professional of the sending institution must jointly execute a statement of emergency detention or a petition for emergency commitment for the prisoner and deliver it to the mental health treatment facility or the Wisconsin Resource Center.
Under current law, only the correctional custodian of the sending institution must execute the statement of emergency detention or petition for emergency commitment.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
46.28 (1) (b) of the statutes is amended to read:
46.28 (1) (b) “Chronically disabled" means any person who is alcoholic, developmentally disabled, drug dependent, or mentally ill, as defined in s.
51.01 (1) (1h), (5), (8b), and (13), or any person who is physically disabled.
SECTION 2.
49.45 (25) (am) 4.
of the statutes is amended to read:
49.45 (25) (am) 4.
Is an alcoholic, as defined under s.
51.01(1h).
SECTION 3.
51.01 (1) of the statutes is renumbered 51.01 (1h).
SECTION 4.
51.01 (1d) of the statutes is created to read:
51.01 (1d) “Active psychosis” means a severe mental condition where an individual's mental reality is separated from the individual's physical reality and the individual experiences symptoms such as hallucinations or delusions.
SECTION 5.
51.01 (8m) of the statutes is created to read:
51.01 (8m) “Health care professional” has the meaning given under s.
16.417 (1) (e).
SECTION 6.
51.37 (5) (a) of the statutes is amended to read:
51.37 (5) (a) When a licensed physician or licensed psychologistealth care professional of a state prison, of a county jail, or of the department of corrections LRB-3783/1 - 2024 Legislature - 3 - MJW&KMS:emw&cjs SECTION 6 SENATE BILL 722 reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as described in s.
51.20 (1), or is dangerous and is an alcoholic or a person who is drug dependent as described in s.
51.45 (13) (a) 1.
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and 2.;
or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health services consents.
If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under s.
51.20 (1) or 51.45 (13).
Any time spent by a prisoner in an institution designated under sub.
(3) or s.
51.37 (2), 1983 stats., shall be included as part of the individual's sentence.
SECTION 7.
51.37 (5) (b) of the statutes is amended to read:
51.37 (5) (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail, or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent,or developmentally disabled and exhibits conduct which constitutes a danger as described in s.
of physical harm to himself or herself or to others and the individual remains in active psychosis for more than 72 hours and has not been stabilized, the".
of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under s.
2.
51.20 (1) (a) 2.
Page 3, line 23:
e.
delete “an emergency" and substitute “the emergency".
or is dangerous and is an alcoholic or a person who is drug dependent as provided in s.
3.
51.45 (13) (a) 1.
Page 3, line 23:
and 2.
delete “an individualsubstitute “the individual".
The department of corrections shall authorize an emergency transfer of an individual from a prison, jail, or other criminal detention facility to a state treatment facility or the Wisconsin Resource Center established under s.
4.
46.056 if there is cause to believe that the individual is in active psychosis - 2024 Legislature - 4 - LRB-3783/1 MJW&KMS:emw&cjs SENATE BILL 722 SECTION 7 and exhibits conduct which constitutes a danger as described in s.
Page 3, line 25:
51.20 (1) (a) 2.
delete the material beginning with “if" and ending with “others" on page 4, line 2.
a., b., c., or d.
of physical harm to himself or herself or to others.
The correctional custodian of the sending institution and the attending health care professional of the sending institution shall jointly execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility or the Wisconsin Resource Center established under s.
46.056.
The department of health services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention.
The statement or petition shall conform to s.
51.15 (4) or (5) or 51.45 (12) (b).
After an emergency transfer is made, the director of the receiving facility or center a petition for continued commitment under s.
51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made.
As an alternative to this procedure, the emergency detention procedure in s.
51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.
Any transportation expenses related to a transfer under this paragraph shall be paid for by the department of corrections.
SECTION 8.
51.37 (5) (bm) of the statutes is created to read:
51.37 (5) (bm) If an individual in active psychosis has not been transferred to a state treatment facility or the Wisconsin Resource Center established under s.
46.056 within 48 hours after the department of corrections authorized an emergency transfer under par.
(b), the attending health care professional of the sending institution shall evaluate the individual every 24 hours until the individual is transferred.
SECTION 9.
301.28 (3) of the statutes is created to read:
LRB-3783/1 - 2024 Legislature - 5 - MJW&KMS:emw&cjs S ECTION9 SENATE BILL 722 301.28 (3) The training program approved by the department under sub.
(2) (b) shall include a requirement that each correctional officer be trained to identify symptoms of active psychosis, as defined in s.
51.01 (1d), among prisoners and how to report such symptoms to the superintendent of the correctional institution and to appropriate medical personnel at the correctional institution.
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Action History

  1. Published 3-28-2024

  2. Report approved by the Governor on 3-27-2024. 2023 Wisconsin Act 229

  3. Presented to the Governor on 3-21-2024

  4. Report correctly enrolled

  5. LRB correction (Senate Amendment 3)

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Representative Rozar added as a cosponsor

  9. Read a third time and concurred in

  10. Rules suspended

  11. Ordered to a third reading

  12. Read a second time

  13. Representative C. Anderson added as a cosponsor

  14. Made a special order of business at 10:29 AM on 2-22-2024 pursuant to Assembly Resolution 28

  15. Read first time and referred to committee on Rules

  16. Received from Senate

  17. Senator Carpenter added as a coauthor

  18. Ordered immediately messaged

  19. Read a third time and passed

  20. Rules suspended to give bill its third reading

  21. Ordered to a third reading

  22. Senate Amendment 3 adopted

  23. Senate Amendment 2 adopted

  24. Senate Amendment 1 adopted

  25. Read a second time

  26. Placed on calendar 2-20-2024 pursuant to Senate Rule 18(1)

  27. Senate Amendment 3 offered by Senator Cabral-Guevara

  28. Available for scheduling

  29. Report passage as amended recommended by Committee on Mental Health, Substance Abuse Prevention, Children and Families, Ayes 5, Noes 0

  30. Report adoption of Senate Amendment 2 recommended by Committee on Mental Health, Substance Abuse Prevention, Children and Families, Ayes 5, Noes 0

  31. Report adoption of Senate Amendment 1 recommended by Committee on Mental Health, Substance Abuse Prevention, Children and Families, Ayes 5, Noes 0

  32. Executive action taken

  33. Senate Amendment 2 offered by Senator Cabral-Guevara

  34. Public hearing held

  35. Representative Subeck added as a cosponsor

  36. Senate Amendment 1 offered by Senator Cabral-Guevara

  37. Read first time and referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families

  38. Introduced by Senator Cabral-Guevara; cosponsored by Representatives Schraa, Magnafici, Moses, Mursau and Sapik

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 131 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (131)

131 members have not signed on to this bill.

Show all 131 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights healthcare
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Frequently asked questions

Who sponsors SB 722?
SB 722 is sponsored by Cabral-Guevara, Rachael (Republican).
What is the current status of SB 722?
This bill has been enacted into law. Introduced November 21, 2023. Enacted.
Where can I track SB 722?
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