Commitment hearings must be held in 10 days.

Byline: David Ziemer

The hearing pursuant to sec. 51.35(1)(e) to transfer an outpatient to inpatient status must be held within 10 days or the court lacks jurisdiction, the Wisconsin Court of Appeals held on Oct. 1.

In November 2001, Elizabeth M.P., had a commitment to the Fond du Lac County Department of Community Programs extended for treatment of her mental illness, until Nov. 3, 2002. The court found Elizabeth incompetent to refuse psychotropic medication and entered an order for involuntary medication and treatment pursuant to sec 51.61(1)(g) and (h).

In March 2002, Elizabeth was transferred from a locked inpatient facility to the Bletzinger House, a group home treatment facility. However, on May 28, 2002, a notice to transfer Elizabeth back to inpatient status was filed pursuant to sec. 51.35(1).

An affidavit by the corporation counsel for Fond du Lac County, attached to this notice, indicated that, since Elizabeth's outpatient placement, she had refused to take her court-ordered medication, had become delusional, argumentative and aggressive, and had failed to take her psychotropic medication as prescribed.

The affidavit further indicated that Elizabeth's mental condition had substantially deteriorated, that she was unable to meet the demands of everyday life, and that she had violated conditions of her commitment by failing to comply with recommended treatment.

The same day, the circuit court signed an order directing the sheriff's department to take Elizabeth into custody and transfer her to the Fond du Lac County Health Care Center's acute unit.

On June 13, Elizabeth filed a motion for her immediate release from inpatient treatment, arguing that a hearing to review her transfer to inpatient status was not held within ten days of the transfer, as required by sec. 51.35(1)(e)3.

On June 19, the circuit court denied this motion, finding that the transfer to inpatient status was made pursuant to sec. 51.35(1)(e)1, not sec. 51.35(1)(e)3. The court further concluded that a transfer under sec. 51.35(1)(e)1 does not require a hearing within ten days of the transfer. The court also found that Elizabeth had the right to judicial review of her transfer and ordered a judicial review hearing at a future time and date.

On July 9, the judicial review hearing took place, and the court approved the transfer, finding that the least restrictive environment consistent with Elizabeth's needs was inpatient status. Elizabeth appealed, and the court of appeals...