On Point: 2. Recommitment

Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity

To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on the subject individual’s treatment record, he would be a proper subject for commitment if treatment were withdrawn.” §51.20(1)(am).

Milwaukee County v. Kent F., 2015AP388, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects Kent’s argument that, under Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, he is not a proper subject for ch. 51 commitment because he is not capable of rehabilitative treatment.

Kenosha County v. James H., 2014AP2945, 6/3/15, District 2 (1-judge opinion, ineligible for publication); click here for case activity

James was diagnosed with chronic paranoid schizophrenia and hospitalized many times. He appeal an order extending his involuntary commitment and argued, unsuccessfully, that the county failed to present evidence of recent acts of violence against others and insufficient evidence that he would become dangerous if treatment were withdrawn.

Dane County v. Thomas F.W., 2014AP2469, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity

To extend a ch. 51 commitment, the County must prove the subject individual is a proper subject for treatment, which means showing he or she is “capable of rehabilitation,” §§ 51.01(17) and 51.20(1)(a)1. The court of appeals rejects Thomas’s argument that the evidence in this case shows treatment will only blunt the symptoms of his mental illness, not rehabilitate him.

Dane County v. P.H., 2014AP1469, District 4, 3/12/15 (one-judge decision; ineligible for publication); case activity

Rejecting P.H.’s claim that the experts who testified based their opinions on “dated” information, the court of appeals finds the evidence was sufficient to extend P.H.’s ch. 51 commitment.

Milwaukee County v. Aaron B., 2014AP2008-FT, 2/18/15, District 1 (1-judge opinion; ineligible for publication); case activity

Aaron was deemed mentally ill and committed for 2 months under Chapter 51 when he bit off his caregiver’s ear. Afterwards, the county asked to extend his commitment under §51.20(13(g). Based upon statements from Aaron’s treating psychologists, the circuit court agreed and the court of appeals affirmed.

Aaron certainly improved on medication,

Marathon County v. Zachary W., 2014AP955, District 3, 12/2/14 (1-judge decision; ineligible for publication); case activity

Even if the circuit court erred it provided multiple definitions of the term “drug” when instructing the jury hearing a ch. 51 commitment case.

Ozaukee County v. Laura B., 2014AP1011-FT, District 2, 8/13/14 (1-judge; ineligible for publication); case activity

The evidence was sufficient to justify an extension of Laura B.’s commitment and an order for involuntary medication and treatment.

Kenosha County v. Vermetrias W., 2014AP861-FT, District 2, 7/16/14 (one-judge decision; ineligible for publication); case activity

Vermetrias had been the subject of a Chapter 51 commitment order, which Kenosha County sought to extend. Section 51.20(1)(a)2 provides than an individual is the proper subject for commitment if he or she poses a danger to himself or herself or to others.  Vermetrias presented evidence that there was not a “substantial likelihood” she would become dangerous if her commitment ended.  The trial court ruled against her.  The court of appeals affirmed, but complimented those involved in this matter:

Portage County v. Jeffrey J.T., 2013AP2481, District 4, 6/26/14 (1-judge; ineligible for publication); case activity

The report of the examining physician was sufficient to show that the advantages, disadvantages, and alternatives to medication were explained to Jeffrey, the subject of a ch. 51 recommitment proceeding, as required by § 51.61(1)(g)4. and Outagamie County v. Melanie L., 2013 WI 67, ¶¶91, 97, 349 Wis. 2d 148, 833 N.W.2d 607.