Wis JI-Civil 7050

(Insert Wis JI Civil 100, Opening.)

A petition has been filed seeking the involuntary [(initial commitment)

(recommitment)] of (respondent). The petition alleges that (respondent) is mentally ill;

that (his) (her) mental illness is subject to treatment; and that (he) (she) is dangerous.

The fact that a petition has been filed is not evidence that (respondent) is mentally ill,

dangerous, or a proper subject for treatment. Our law presumes that a person is not

mentally ill until you are convinced that the person is mentally ill. If you find that

(respondent) is mentally ill based on the evidence, that fact does not mean that you must

find that (respondent) is also dangerous. The burden of proving each of the allegations in

the petition is on (petitioner).

This is a civil, not a criminal, case. [The fact that the district attorney is present does

not mean that (respondent) is accused of a crime. The district attorney and, the

other attorney, are required to be here by the Wisconsin statutes.] While (respondent) is

not on trial to be punished for any offense, nevertheless, this trial and your verdict could

result in a loss of (respondent)’s personal liberty. Therefore, you should approach this task

with a sense of serious duty.

Wis JI Civil 110, Arguments of Counsel

Wis JI Civil 115, Objections of Counsel

Wis JI Civil 120, Judge’s Demeanor

Wis JI Civil 130, Stricken Testimony

Wis JI Civil 215, Credibility of Witnesses; Weight of Evidence

Wis JI Civil 260, Expert Testimony: General

Wis JI Civil 265, Expert Testimony: Hypothetical Question

Wis JI-Civil 205, Middle Burden of Proof

Wis JI Civil 145, Special Verdict Questions: Interrelationship

At the end of the trial, I will give you a special verdict consisting of three questions.

Question 1 asks: Is (respondent) mentally ill?

The term “mentally ill” means a substantial disorder of thought, mood, perception,

orientation, or memory which grossly impairs the judgment, behavior, capacity to

recognize reality or ability to meet the ordinary demands of life.

Question 2 asks: Is (respondent) a proper subject for treatment?

A person who is mentally ill is a proper subject for treatment if (his) (her) mental

illness is treatable. In determining if (respondent)’s mental illness is treatable, you

should consider whether the administration of any, or a combination of, techniques

may control, improve, or cure the substantial disordering of the person’s thought,

mood, perception, orientation, or memory.

Question 3 asks: Is (respondent) dangerous to [(himself) (herself)] or to others?

[NOTE: MORE THAN ONE STANDARD FOR DANGEROUSNESS MAY

APPLY. SELECT THE STANDARD(S) ALLEGED AND SUPPORTED BY

SUFFICIENT EVIDENCE AS PUT FORTH BY THE PETITIONER

[Under Standard A, a person is dangerous to (himself) (herself) if (he)(she)

evidences a substantial probability of physical harm to (himself) (herself) as

manifested by evidence of recent threats of or attempts at suicide or serious bodily

harm.] [or]

[Under Standard B, a person is dangerous to others if (he) (she) evidences a

substantial probability of physical harm to other individuals as manifested by evidence

of recent homicidal or other violent behavior, or by evidence that others are placed in

reasonable fear of violent behavior and serious physical harm to them, as evidenced

by a recent overt act, attempt, or threat to do serious physical harm.] [or]

[Under Standard C, a person is dangerous to (himself) (herself) or others if (he)

(she) evidences such impaired judgment, manifested by evidence of a pattern of recent

acts or omissions, that there is substantial probability of physical impairment or injury

to (himself) (herself) or other individuals. The probability of physical impairment or

injury is not substantial (if reasonable provision for (respondent)’s protection is

available in the community and there is a reasonable probability that (respondent) will

avail (himself) (herself) of these services) (if (respondent) may be provided protective

placement or protective services under chp. 55) (or) (where the subject is a minor: if

(respondent) is appropriate for services or placement under § 48.13(4) or (11) or §

938.13(4)) (where the subject is a minor: (Respondent)’s status as a minor does not

automatically establish a substantial probability of physical impairment or injury).

Food, shelter, or other care provided to an individual who is substantially incapable of

obtaining the care for (himself) (herself), by a person other than a treatment facility,

does not constitute reasonable provision for the individual’s protection available in the

community.] [or]

[Under Standard D, a person is dangerous to (himself) (herself) if (he) (she)

evidences behavior manifested by recent acts or omissions that, due to mental illness,

(he) (she) is unable to satisfy basic needs for nourishment, medical care, shelter, or

safety without prompt and adequate treatment so that a substantial probability exists

that death, serious physical injury, serious physical debilitation, or serious physical

disease will imminently ensue unless (respondent) receives prompt and adequate

treatment for this mental illness. No substantial probability of harm exists (if

reasonable provision for (respondent)’s treatment and protection is available in the

community and there is a reasonable probability that (respondent) will avail (himself)

(herself) of these services), (if (respondent) may be provided protective placement or

protective services under chp. 55) (or) (where the subject is a minor; if (respondent)

is appropriate for services or placement under § 48.13(4) or (11) or § 938.13(4).)

(Respondent)’s status as a minor does not automatically establish a substantial

probability of death, serious physical injury, serious physical debilitation or serious

disease. Food, shelter, or other care provided to an individual who is substantially

incapable of obtaining the care for himself or herself, by any person other than a

treatment facility, does not constitute reasonable provision for the individual’s

treatment or protection available in the community.] [or]

[Under Standard E, a person is dangerous to (himself) (herself) if (he) (she) has

recently had explained to (him) (her) the advantages and disadvantages of and

alternatives to accepting a particular medication or treatment and; (1) Due to mental

illness, (respondent) is (incapable of expressing an understanding of the advantages

and disadvantages of accepting medication or treatment and the alternatives)

(substantially incapable of applying an understanding of the advantages,

disadvantages, and alternatives of (his) (her) mental illness to make an informed choice

as to whether to accept or refuse medication or treatment); and (2) There is a substantial

probability, as demonstrated by both (respondent)’s treatment history and (his) (her)

recent acts or omissions, that (he) (she) needs care or treatment to prevent further

disability or deterioration, and further, there exists a substantial probability that, if left

untreated, (he) (she) will lack the services necessary for (his) (her) health or safety,

and will suffer severe mental, emotional, or physical harm that will result in

(respondent)’s loss of ability to function independently in the community or loss of

cognitive or volitional control over (his) (her) thoughts or actions; and (3) There is no

reasonable probability that (respondent) will avail (himself) (herself) of services in the

community for care or treatment necessary to prevent (him) (her) from suffering severe

mental, emotional, or physical harm.]

Do not concern yourselves with the length of custody or nature of any treatment that I

might order as a result of your answers to the questions of the Special Verdict.

[Note: Give Wis JI Civil 180, Five Sixths Verdict and Wis JI Civil 190, Closing.]

SUGGESTED VERDICT

Question 1: Is (respondent) mentally ill?

Answer:

Yes or No

Question 2: If you answered question 1 “yes,” then answer this question:

Is (respondent) a proper subject for treatment?

Answer:

Yes or No

Question 3: If you answered questions 1 and 2 “yes,” then answer this question:

Is (respondent) dangerous to [(himself) (herself)] or to others?

Answer:

Yes or No

Question 3(a): If you answered question 3 “yes,” then answer this question: Under which

standard(s) has it been proven by clear and convincing evidence that (respondent) is

dangerous? [For initial commitment hearings and recommitment hearings not alleging

51.20(1)(am), SELECT THE STANDARD(S) ALLEGED AND SUPPORTED BY

SUFFICIENT EVIDENCE AS PUT FORTH BY THE PETITIONER and include:]

Standard A Answer: Yes or No

Standard B Answer: Yes or No

Standard C Answer: Yes or No

Standard D Answer: Yes or No

Standard E Answer: Yes or No

[Note: For a trial involving several of the statutory definitions of “dangerous,” see the

comment below on the “Dangerousness Standard” for advice on subdividing verdict

question 3(a).]