Civil Commitment Process

What is civil commitment?
Wisconsin law provides for the involuntary treatment of persons who are mentally ill, alcohol or drug dependent, or developmentally disabled, and are a danger to themselves or to others. Involuntary treatment can consist of placement in a psychiatric hospital setting, outpatient counseling, the use of psychotropic medications, and/or other types of treatment as directed by the treatment team.

When is it used?
Civil commitment is used when other alternatives such as voluntary treatment are not successful and health and safety are affected.

How is it initiated?
A law enforcement officer should be contacted to initiate civil commitment whenever a situation occurs with a person who demonstrates dangerousness to self or others and can be alleged mentally ill, alcohol/drug dependent or developmentally disabled.

Another way to initiate a commitment is the "Three Signer Petition". Three persons age eighteen or older (not having to be a family/relative) can call for an appointment with their county's Corporation Counsel to petition for a person's commitment. Petitioning is generally used when there is not imminent dangerousness; rather there is a pattern of conduct over a period of time that will affect safety if intervention does not occur soon.

The court proceedings
Within 72 hours of placement (excluding weekends and holidays) the court sets a time and place for a "probable cause" hearing. An attorney is appointed to represent the desires of the subject of the proceeding. The court either upholds the grounds for the detention and sets the matter for a final hearing (continuing placement), or dismisses the matter, finding grounds for detention do not exist.

With a finding of probable cause, the court appoints "independent" doctors (not affiliated with North Central Health Care) to evaluate the subject and report the findings at the final hearing. The final hearing must be held within 14 days of placement. If criteria are met, the court will commit the subject for care and treatment, usually for six months for mental illness/drug dependence or 90 days for alcohol. This does NOT mean that the person stays in an inpatient setting for six months; it does mean that care and treatment can be administered involuntarily for six months in the least restrictive setting appropriate to the needs of the individual. Usually this is inpatient for a period of time, then outpatient for the remaining time under the commitment.

The court separately rules whether psychotropic medications can be administered involuntarily. Extensions of commitment can be sought by the treatment facility.

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