Probable Cause Hearing.


Byline: Derek Hawkins

WI Court of Appeals District II

Case Name: Ozaukee County v. R.CJ.Y.

Case No.: 2019AP297

Officials: REILLY, P.J.

Focus: Probable Cause Hearing

On October 22, 2018, Ozaukee County filed a Statement of Emergency Detention by Law Enforcement Officer against R.CJ.Y.2 A probable cause hearing was scheduled for October 24, 2018. Pursuant to WIS. STAT. 51.20(8)(bg), a settlement agreement was entered into in which R.CJ.Y. agreed to waive the probable cause hearing and agreed to a treatment plan for a ninety-day period. The court approved the settlement agreement.

On January 15, 2019, one week before expiration of the settlement agreement, the County filed a Statement of Noncompliance with Settlement Agreement per WIS. STAT. 51.20(8)(bm) and asked the court to schedule a "final hearing." The County did not request a probable cause hearing despite R.CJ.Y. being detained. At the final hearing, R.CJ.Y. moved to dismiss on the grounds that the court lacked competency as no probable cause hearing was held. The court ultimately granted the motion, released R.CJ.Y., and dismissed the County's WIS. STAT. ch. 51 action. The County appeals.

We affirm. The language of the statute is clear. See State ex rel. Kalal v. Circuit Court for Dane Cty., 2004 WI 58, 45, 271 Wis. 2d 633, 681 N.W.2d 110. The parties entered into a ninety-day settlement agreement per WIS. STAT. 51.20(8)(bg) in which R.CJ.Y. waived his right to have a probable cause hearing. When the County filed the Statement of Noncompliance with Settlement Agreement in January 2019, 51.20(8)(bm) required the court to conduct a probable cause hearing if one had not been held prior to entry of the settlement agreement and the person is detained: "If the subject individual is detained under this paragraph, the court shall hold a probable cause hearing within 72 hours from the time that the person is taken into custody under [WIS. STAT. ] 51.15...

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