Taken In For An Evaluation

In Wisconsin, emergency detention exists to provide treatment by the least restrictive means appropriate, on an emergency basis, to people who are mentally ill, drug dependent or developmentally disabled, meet one of the section's standards of dangerousness, and are reasonably believed unable or unwilling to cooperate with voluntary treatment.

• §Wis. Stat. 51.15

• A substantial probability of physical harm to oneself, shown by recent threats of or attempts at suicide or serious bodily harm.
• A substantial probability of physical harm to others, shown by recent violent behavior or a recent overt act, attempt or threat placing others in reasonable fear.
• A substantial probability of physical impairment or injury from impaired judgment, shown by a recent act or omission, where reasonable protection is not available in the community.
• Inability, from mental illness, to meet basic needs for nourishment, medical care, shelter or safety, such that death or serious physical harm will imminently follow without prompt treatment.

• §Wis. Stat. 51.15

A law enforcement officer may take an individual into custody on cause to believe the individual meets one of those standards and that custody is the least restrictive alternative appropriate to their needs. After delivery to a facility, the treatment director or a designee decides within 24 hours whether to detain or release, and releases the individual immediately on finding them not eligible for commitment.

• §Wis. Stat. 51.15

The statement of emergency detention filed with the court acts as a petition for commitment, and the probable cause hearing and commitment proceedings that follow are in other sections of the chapter and are not reproduced here. Whether a detention met the statute is a question for a court and for a licensed Wisconsin attorney.

• §Wis. Stat. 51.15