Compromise found for involuntary commitment bill

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Lawmakers struck a compromise Tuesday on legislation meant to remove obstacles to the involuntary treatment of people suffering from mental illnesses.

Assembly Bill 488, which was approved by the Assembly Committee on Health, would take away the discretion county attorneys have in deciding whether a request to have someone involuntarily committed will receive a hearing in court. The legislation replaces Assembly Bill 451, which would have let members of the public seek emergency detentions through petitions made directly to counties. Lawmakers backed away from that proposal after hearing criticism that such a change would lead to abuses.

AB 488, which still must be passed by the full Legislature and signed by Gov. Scott Walker to take effect, concerns the process involved in filing a so-called three-party petition to have the mentally ill involuntary committed in response to fears that they are a threat to others or themselves. Under current law, three people who are concerned about the mental health of a particular person can petition a county court to have that person involuntarily committed for treatment.

But the county’s corporation counsel is under no obligation to file the petition, giving whoever holds that position discretion over whether the case moves forward.

AB 488 would require counsel to file the petition. It also would allow a corporation counsel who does not agree with the grounds cited for an involuntary commitment to make what the bill deems a limited appearance, meaning the attorney would not have to represent the petitioners in court but still would have to appear on the behalf of the public interest. The bill also would require judges to review the petitions within 24 hours of receiving them.

AB 488 was introduced as a substitute to Assembly Bill 451, which would have allowed any person to contact a county to initiate the process for the emergency detention of those suspected of having a mental illness. Critics of the previous legislation said it opened the door to abuse; a recent divorcee, in a commonly cited example, might have used the law to lash out against his or her former spouse.

Under current law and AB 488, one of the people who files a three-party petition must attest to having personal knowledge of the intended beneficiary’s dangerous behavior.

The bill also would leave in place two other means of having a person involuntary committed for mental treatment. Law enforcement officers could still initiate emergency detentions on their own, as could treatment directors for patients who are already in their care.

AB 488 is one of a series of bills lawmakers have taken up this session to improve the treatment of the mentally ill.

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