Follow Us

Facebooktwitterrss
≡ Menu

Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

Ozaukee County v. R. C.J. Y., 2019AP297, 8/7/19, District 1 (1-judge opinion, ineligible for publication); case activity

Many Chapter 51 cases are resolved through 90-settlement agreements entered just before or just after the circuit court holds a probable cause hearing. These settlement agreements are governed by §51.20(8)(bg),(bm) and (br).

The court of appeals explained that if a person enters a 90-day settlement agreement before the circuit court holds a probable cause hearing and the county subsequently detains him for violating the agreement, then the county must request a probable cause hearing within 72 hours, or the circuit court will lack competency to proceed under the reasoning of Dodge County v. Ryan E.M., 2002 WI App. 71, 252 Wis. 2d 490 642 N.W.2d 592. Opinion, ¶¶3-4.

However, if the person enters the settlement agreement after the circuit court holds a probable cause hearing and the county detains him for violating the agreement, then county need not request a probable cause hearing. It may schedule a final hearing. Id.

In this case, the county argued that the R. C.J. Y. waived his right to a probable cause hearing. The court of appeals says “no.” Section 51.20(8)(bm) requires a probable cause hearing one way or the other.

Facebooktwitterlinkedinmail
{ 0 comments… add one }

Leave a Comment