Section 311.07. Review of continued mental health placement.

 

(1)  A clinician, crisis intervention worker or physician may continue a mental health placement in observation for longer than 15 working days if there is a review of continued mental health placement under this section.

(2)  The inmate shall be given written notice of the review prior to the 15th working day of his or her placement and no less than 2 working days prior to the review. The notice shall include all of the following:

(a) The allegation of the inmate's mental illness and dangerousness to himself or herself or dangerousness to others.

(b) The standards used to determine mental illness and dangerousness to himself or herself or dangerousness to others.

(c) The evidence to be considered at the review.

(d) The sources of information relied upon unless such disclosure would threaten the personal safety of the person providing the information or institution security.

(e) An explanation of the possible consequences of any decision regarding the inmate's mental health placement.

(f) Notice of the inmate's rights at the review. The notice shall include all of the following:

1. The right to be present at the review.

2. The right to deny any allegation which relates to the inmate's observation status.

3. The right to a staff representative in accordance with s. DOC 303.83 .

4. The right to present or have the advocate present information obtained from witnesses.

5. The right to present documentary evidence.

6. The right to question witnesses.

7. The right to receive a written decision, stating the reasons for the decision based upon the evidence.

8. The right to appeal the review of dangerousness to self decision.

(g) The date, time and place of the review and an order that the inmate appear at the review.

(3)  The review shall take place not sooner than 2 working days and not later than 5 working days after service of notice to the inmate. The inmate may waive this review or the time limits under this subsection. The waiver shall be in writing.

(4)  At the review, the clinician, physician or crisis intervention worker shall do all of the following:

(a) Read aloud the allegations of the inmate's dangerousness and mental illness or dangerousness to himself or herself.

(b) Provide all witnesses present, including the inmate and the staff member who recommended the placement into observation, a chance to speak.

(c) Require any relevant medical and psychological evidence to be offered.

(d) Allow questioning of the witnesses. Questioning may be direct or the inmate may submit questions to be asked of the witnesses.

(e) Prohibit repetitive, disrespectful or irrelevant questions.

(f) Determine whether a witness shall be called.

(g) Determine whether the identities of sources of information relied upon or any statements or evidence should be included in the written record because personal safety or institution security is implicated.

(h) Record the fact of the omission of the identities of sources of information in the record.

(5)  After the review, the clinician, crisis intervention worker or physician, shall deliberate in private on all of the following:

(a) The evidence presented and the inmate's records.

(b) Whether the standard for dangerousness has been met.

(c) Whether the standard for mental illness has been met.

(6)  After deliberation, the clinician, crisis intervention worker, or physician shall decide all of the following:

(a) Whether the inmate is mentally ill and dangerous or whether the inmate is dangerous to himself or herself.

(b) Whether the inmate is to continue in observation.

(7)  The clinician, crisis intervention worker or physician shall give reasons for the decision to the inmate in writing within 2 working days after the review.

(8)  There shall be a clinical review of an inmate in observation at least once every 15 working days and the procedures for review shall be followed.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; correction in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548 ; CR 11-022 : am. (7) Register September 2014 No. 705 , eff. 1-1-15.