Section 314.04. Informing the inmate.

 

(1)  Before filing a commitment petition under s. DOC 314.03 for an inmate's involuntary commitment for mental health care, a physician or psychologist shall inform the inmate about all of the following:

(a) The inmate's treatment needs.

(b) The mental health services that are appropriate and available to the inmate, including a description of the appropriate voluntary treatment available in either a correctional institution or state treatment facility.

(c) The inmate's rights under s. 51.61 , Stats. Inpatients have all rights specified in s. 51.61 , Stats.

(d) Outpatients have only the rights under s. 51.61 , Stats., that are specified in s. 51.61 (1) (a) , (d) , (h) , and (k) , Stats.

(2)  The correctional institution shall give the inmate an opportunity to consent to voluntary treatment, including voluntary placement in a state treatment facility or voluntary treatment with psychotropic medication.

(3)  Correctional institution staff shall tell the inmate that the inmate retains the status as an inmate upon commitment under s. 51.20 , Stats., and that the inmate is subject to the same rules as other inmates of the department, which include for outpatients the grievance procedure under ch. DOC 310 and for inpatients the grievance procedure required under s. 51.61 (5) , Stats.

(4)  Any information conveyed under subs. (1) to (3) shall be in a manner that is reasonably calculated to best enable the inmate to understand the information.

History: Cr. Register, November, 2000, No. 539 , eff. 12-1-00.