Court Process

An involuntary commitment is a legal process by which an individual who is presenting as a danger to self or others may be required to receive treatment and medications involuntarily. These cases, governed by Chapter 51 of the Wisconsin Statutes, are prosecuted in Marathon County by the Office of Corporation Counsel.

Involuntary commitment proceedings are initiated in one of three ways:

A Statement of Emergency Detention by a Law Enforcement Officer (Most Common)

A law enforcement officer may take an individual into custody if the officer has cause to believe:

• The individual is mentally ill, is drug dependent, or is developmentally disabled.
• Taking the person into custody is the least restrictive alternative appropriate to the person’s needs.
• The individual evidences:
  • Recent threat or attempt at suicide or serious bodily harm.
  • Recent threat to do serious physical harm to others.
  • Substantial probability of physical impairment or injury to self, based upon the individual’s impaired judgment.
  • Substantial probability of death or serious physical injury due to individual’s inability to satisfy basic needs for nourishment, medical care, shelter or safety.

A Statement of Emergency Detention by a Treatment Director

If an individual has been voluntarily admitted to an approved treatment facility, such as the NorthCentral Healthcare Center (NCHC), the treatment director may sign a statement of emergency detention and may detain, evaluate, diagnose and treat the individual according to the law if conditions exist for taking the individual into custody as described above.

Three-Party Petition Process

• A written Petition for Examination alleging that the subject individual to be examined:
  • Is mentally ill, drug dependent or developmentally disabled and is a proper subject for treatment
  • Is dangerous evidenced by behavior listed above. A 5th standard may be applied strictly in the case of mental illness in which the subject meets all of the following criteria:
    • If the subject evidences an incapability of expressing or a substantial incapability of applying the understanding of the advantages and disadvantages of medication or treatment and the alternatives
    • Evidences a substantial probability(based on treatment history and recent acts/omissions) that the individual needs care or treatment to prevent further disability or deterioration
    • There is a substantial probability that if left untreated, the subject will lack services necessary for his/her health or safety and suffer severe mental, emotional, or physical harm that will result in the loss of the individual’s ability to function independently in the community or the loss of cognitive or volitional control over his/her thoughts or actions
• Petition is signed by 3 adults, at least one of whom has personal knowledge of the conduct of the subject individual.
• Petition is reviewed by a judge, who then decides if enough probable cause exists to issue an order of detention.

Three-Party Petitions

Three-Party Petitions for Involuntary Commitment for alcohol dependency, drug dependency, or mental illness must be initiated by three adult signers. For alcohol dependency or drug dependency, one of these signers must be a medical professional. The medical professional must be willing to contribute information to the Petition, regarding the physical impairment/health condition the subject individual is suffering due to his/her alcohol or drug use. Further, the medical professional will be required to testify at all required court hearings (by phone is acceptable if not available in person). All signers are required to fill out a questionnaire and return it to the Office of Corporation Counsel for review and consideration. When completing these questionnaires, first-hand examples of recent words or actions fitting the legal element on each page of the worksheet are necessary.

Upon completion, return the questionnaires to the Office of Corporation Counsel for review and consideration. Should it be determined that the facts meet the statutory baseline requisite for the filing of a petition, Corporation Counsel will arrange a meetingin order to further discuss and/or sign the necessary court papers. Please note, court proceedings will not be initiated unless and until all three petitioners’ questionnaires are completed and returned to Corporation Counsel for review.

The involuntary commitment process involves two court hearings: a probable cause hearing and a final hearing(see Court Hearings section below). Please be aware that should a case proceed to a probable cause hearing, the subject will be located, detained by law enforcement, and transported to North Central Health Care Center (or another facility as designated) until the time of the hearing. All petitioners will be required to testify in court in front of the subject. All petitioners will be cross-examined by the subject’s attorney regarding the contents of the petition.

Finally, the law provides for Emergency Detention by law enforcement of persons alleged to be alcohol dependent, mentally ill, drug dependent or developmentally disabled where the subject poses a significant risk of danger to him/herself or to others. Should the subject threaten harm to him/herself or others at any time during this process, do not hesitate to call 911 or local law enforcement personnel. This is the quickest way to initiate commitment proceedings.

Upon notification of a detention, the probate office will open and maintain the court file. Notification can come from law enforcement, Corporation Counsel or the health care center. Once the commitment case is closed, it is retained for seven years in the probate office.

Court Hearings

Probable Cause Hearing Within 72 Hours of Detention

• Should the court order a Probable Cause Hearing, the subject will remain inpatient at North Central Health Care (or another facility as designated) until the time of the hearing

• The subject will be provided with an attorney from the Public Defender’s Office for the entire involuntary commitment process

• Treatment staff, law enforcement and/or witnesses present testimony to the court regarding their evaluation or observations of the subject. In the case of a 3-Party Petition, all petitioners will be required to testify in court in front of the subject. All petitioners will be cross-examined by the subject’s attorney regarding the contents of the Petition.

• If the court finds probable cause to believe the allegations in the Statement of Emergency Detention or the 3-Party Petition, the subject is routinely returned to the facility to be examined by court-appointed examiners and await a final hearing

Final Hearing Within 14 Days of Detention

• Evaluating doctors, treatment staff, law enforcement and/or witnesses/petitioners present testimony to the court regarding their evaluation or observations of the subject. Should the subject demand a jury trial, all treatment staff, evaluators, and witnesses/petitioners must be available for a full-day trial in order to provide testimony under oath.

• After a final hearing, the subject may be committed for involuntary treatment up to six months. Commitment orders may be extended if properly petitioned by North Central Health Care, Marathon County's designated care center.