Wisconsin Supreme Court
Civil Commitment — hearings
Section 51.35(1)(e) does not require a hearing to be conducted within ten days of a transfer when the transfer is based on reasonable medical and clinical judgment under sec. 51.35(1)(e)1.
“We conclude that the plain language of the statute does not make the hearing within ten days of a transfer under Wis. Stat. § 51.35(1)(e)3. applicable to transfers based on reasonable medical and clinical judgment under § 51.35(1)(e)1. Several reasons support our interpretation. First, subdivisions (1)(e)1. and (1)(e)2. provide different rights and procedures depending on the nature of the transfer. Subdivision (1)(e)1. provides rights1 for patients transferred for ‘reasonable medical and clinical judgment,’ see § 51.35(1)(a), when the transfer ‘results in a greater restriction of personal freedom for the patient’ or when the transfer is ‘from outpatient to inpatient status,’ collectively discussed as a more restrictive transfer. Subdivision (1)(e)2. provides rights ‘[i]n addition to the rights and requirements specified in subd. 1.’ when a more restrictive transfer lasts ‘for a period of more than 5 days’ and is ‘due to an alleged violation of a condition of a transfer to less restrictive treatment.’ Thus, the legislature differentiated between the two types of transfers by providing additional protections to a patient when a more restrictive transfer lasts for longer than five days and results from an alleged violation of a treatment condition.” Affirmed.
Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: O’Rourke, Ryan, Manitowoc