(1) As used in this section, the term “person with a significant medical condition” means a person who is a patient or resident of a hospital licensed under chapter 395, a nursing home facility licensed under part II of chapter 400, or an assisted living facility licensed under part I of chapter 429. (2) In determining whether to make an immediate arrest of a person with a significant medical condition, including an arrest for an offense committed against an elderly person or a disabled adult, a law enforcement officer may use his or her discretion based on the totality of the circumstances, including consideration of whether the person is a current or continued threat to public safety or himself or herself or a flight risk, and may consider all available lawful methods of making an arrest, including seeking an arrest warrant under s. 901.02. (3) This section does not prohibit a law enforcement officer from arresting a person without a warrant under s. 901.15, or making such an arrest by any lawful method.
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