Prisoner – Involuntary Commitment and Medication

Listen to this article

WI Court of Appeals – District III

Case Name: Outgamie County v. X.Z.B.,

Case No.: 2020AP2058

Officials: STARK, P.J.

Focus: Prisoner – Involuntary Commitment and Medication

Xander appeals orders entered under WIS. STAT. ch. 51 extending his involuntary commitment and subjecting him to involuntary medication and treatment.  Xander argues the evidence was insufficient to support the circuit court’s conclusion that he is dangerous. In response, Outagamie County argues this appeal is moot because the orders in question have expired. In the alternative, the County argues the evidence was sufficient to support the court’s determination of dangerousness.

Assuming without deciding that this appeal is moot, we nevertheless conclude that it falls within multiple exceptions to the mootness doctrine, and we therefore choose to address the merits of Xander’s arguments. As explained in greater detail below, we agree with Xander that the evidence was insufficient to support the circuit court’s finding of dangerousness under WIS. STAT. § 51.20(1)(a)2.c. That subdivision paragraph required the County to prove that there was a “substantial probability” of physical impairment to Xander or to other individuals. Id. A “substantial probability” does not exist under § 51.20(1)(a)2.c. if the subject individual “may be provided protective placement or protective services under [WIS. STAT.] ch. 55.”

It is undisputed that at all times relevant to this appeal, Xander was subject to a WIS. STAT. ch. 55 protective placement. The County did not, however, introduce sufficient evidence at the extension hearing to prove, by clear and convincing evidence, that the ch. 55 exclusion in WIS. STAT. § 51.20(1)(a)2.c. did not apply to Xander. Accordingly, the County failed to prove that Xander was dangerous under that subdivision paragraph. We therefore reverse the order extending Xander’s WIS. STAT. ch. 51 involuntary commitment, as well as the associated order for involuntary medication and treatment.

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.