Citation Numbers: 79 Op. Att'y Gen. 181
Judges: DONALD J. HANAWAY, Attorney General
Filed Date: 11/26/1990
Status: Precedential
Modified Date: 7/6/2016
T.N. FREDERICK, Corporation Counsel Juneau County
You ask whether Juneau County is financially responsible for providing mental health services through its human services agency to residents conditionally released under section
In my opinion, the answer is yes.
Your county department of human services is established pursuant to section
County liability. The county board of supervisors has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. County liability for care and services purchased through or provided by a county department of . . . [human services] shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found.
Section
(1) If a defendant is found not guilty by reason of mental disease or defect, the court shall order the defendant to be committed to the department to be placed in an appropriate institution for custody, care and treatment until discharged as provided in this section.
(2) A reexamination of a defendant's mental condition may be had as provided in s.
51.20 (16), except that the reexamination shall be before the committing court and notice shall be given to the district attorney. . . . If the court is satisfied that the defendant may be safely discharged or released without danger to himself or herself or to others, it shall order the discharge of the defendant or order his or her release on such conditions as the court determines to be necessary. If it is not so satisfied, it shall recommit him or her to the custody of the department.
An individual conditionally released under section
Resolution of your inquiry turns upon whether language contained in section
First, neither the Department of Health and Social Services nor the Department of Corrections has the authority to supervise defendants released under section
Second, "[t]he legislative pattern appears to be to make the Department responsible for direct delivery of services only in state institutions and for nonresidents; and to make counties responsible for delivery of services to their residents under state supervision." 66 Op. Att'y Gen. 249, 252 (1977).3
An individual's legal residence does not change when s/he is involuntarily committed under section
A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s.
51.35 (3), and transfers from Wisconsin state prisons under s.51.37 (5)(a), commitments under s.971.14 ,971.17 ,975.01 , 1977 stats., 975.02, 1977 stats., 975.06 or admissions under s.975.17 , 1977 stats., or children placed in the guardianship or legal custody of the department of health and social services under s.48.355 ,48.427 or48.43 .
Sec.
I therefore conclude that a county is financially responsible for providing mental health services to residents conditionally released under section
DJH:FTC