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01-0433 Volden v. Koenig, et al.

By: dmc-admin//November 19, 2001//

01-0433 Volden v. Koenig, et al.

By: dmc-admin//November 19, 2001//

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“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. [citation]. The attorney general concluded that the detainee was not a patient within the definition of the statute because while in the sheriff’s custody, the detainee was not in a facility to receive services, care or treatment. We find the following reasoning of the attorney general persuasive and adopt it in this case:

“Implicit in this definition is the fact that a patient is in a physical setting appropriate to receive ‘services,’ ‘care’ or ‘treatment’ for the conditions enumerated in sec. 51.61(1), Stats. The concept of receiving services, treatment or care is severely strained if a person is deemed to be receiving such services, treatment or care when in the custody of the sheriff for transport to, from and during an involuntary commitment hearing. Volden cannot reasonably argue that he received services or treatment during his confinement in the Sheboygan County jail. Furthermore, no reasonable interpretation of the phrase ‘treatment facility’ would include the county jail. Therefore, we conclude, as did the attorney general, that Wis. Stat. sec. 51.61 applies only to ‘patients’ and that individuals in the custody of the sheriff for transport to, from and during an involuntary commitment hearing do not retain the status and rights afforded to patients.”

Judgment entering summary judgment for the county is therefore affirmed.

Recommended for publication in the official reports.

Dist II, Sheboygan County, Stengel, J., Brown, J.

Attorneys:

For Appellant: Kenneth A. Volden, Mauston

For Respondent: Carl K. Buesing, Sheboygan

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