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Madison suit may have impact locally
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MONROE - Local law enforcement agencies are hopeful that a potential lawsuit sought by the Madison Police Department against the Wisconsin Department of Health Services will reopen Mendota Mental Health Institute for emergency detentions.

Emergency detentions refer to the individuals who could pose harm to others or themselves and need to be detained and examined for mental health issues. Monroe Police Chief Fred Kelley said an example of a worst-case scenario would be a suicidal subject incapacitated by drugs or alcohol and making threats to others or themselves.

"It's not a punishment; they are a patient, not a prisoner," he said.

MMHI officially stopped taking emergency detentions on April 1, but Green County Sheriff Mark Rohloff said the institute had been scaling back the number of detainees it accepted for years. Before April 1, police and sheriff's departments in Green County could only take male emergency detentions to MMHI, but after MMHI shut its doors to all detainees, patients are taken to the next closest spot: Winnebago Mental Health Institute in Oshkosh.

Kelley said the longer trip means he has to pull two officers out for longer, from an already small staff. He said it is the most costly procedure to the department. It usually means two officers are out of the area for about eight hours, including processing, paperwork and travel time. Kelley said he rarely gets away without at least one of the officers being on overtime, and it costs him about $500 per trip, not including benefits. It also falls on his department to pick the subject up again for potential court appearances. Kelley said his department averages about one emergency detention per week.

There are few simple fixes to the drain on law enforcement's time and money, but Green County Sheriff Mark Rohloff said he hopes the potential lawsuit in Madison opens up legislators' eyes to the costs of emergency detentions.

"It's also a significant burden on taxpayers," Rohloff said.

Claire Smith, Department of Health Services spokeswoman, said in an email that MMHI transferred its 18-bed, all-male secure unit for detainees to Winnebago in April so that MMHI could make more room for forensic and civil patients. Smith said the reason for the move was to consolidate the process since Winnebago was already taking emergency detentions for women, children and adolescents. She said now all emergency detentions will be handled at Winnebago.

"The number of civil and forensic beds available across the state system will remain the same, but the alignment of services was adjusted," she wrote.

Rohloff said his department ends up taking the bulk of emergency detainees because subjects across the county need to be physically cleared and most of them end up at Monroe Clinic Hospital. Since the sheriff's department is closest to the hospital, Rohloff said his deputies end up taking the patients to Winnebago.

After the subject is medically cleared, a human services employee has to interview the subject over the phone or in person, and recommend whether or not the subject needs to be sent to Oshkosh. If it is decided the subject needs to be evaluated, law enforcement are the only people who can take them safely.

"We're the 24/7 people, but sometimes these people are combative, and we are the only ones who can take care of it," Rohloff said.

Kelley said police have worked with hospital staff to streamline medical clearance, helping to cut down on time before sending patients to Oshkosh. He said they have to be careful in situations involving mental illness.

"You want to do the right thing. But then you get something like out in Lafayette, where somebody along the line said this guy's fine and let him out, only to have three people murdered," Kelley said, referring to Jaren Kuester killing three Wiota farmers in April 2013. Kuester had a long history of mental illness and is currently serving a life term in Mendota, where he was once cleared.

The Madison Common Council will look at allowing or negotiating a lawsuit at their Monday meeting.