State Rep. Bob Donovan (R-Greenfield) is pushing Wisconsin lawmakers to take a hard look at the state’s emergency mental health detention law after a high-profile release of a Greenfield man once charged in a 2019 homicide rattled his district.
This week, Donovan formally asked the Wisconsin Joint Legislative Council to convene a study of Chapter 51, the statute that governs when someone in a mental health crisis can be held on an emergency basis.
Investigation That Sparked The Push
Donovan said his move was prompted by a 12 News Investigates series that showed families repeatedly begging police for help, only to watch officers walk away because the legal bar for emergency detention was not met. Body-camera footage captured officers declining to take people into custody under the current standard for Chapter 51.15.
The investigation detailed how the law’s threshold can keep first responders from involuntarily bringing people into treatment, as reported by WISN 12 News. Advocates in that coverage urged lawmakers to consider allowing clinicians, not just police, to initiate emergency detentions.
Release That Raised Alarms
Donovan also cited the recent case of Amando Lang, a Greenfield resident charged in the random 2019 stabbing of a utility worker who was later found not competent to stand trial. Lang resurfaced in the community this past summer.
Milwaukee County has acknowledged it failed to notify prosecutors and local officials when Lang left state custody and said it has since changed its procedures, as TMJ4 reported. That communication breakdown helped convince Donovan that a formal review of the law and related processes is necessary.
What Donovan Wants
Donovan filed a written request asking the Joint Legislative Council to set up a study committee made up of lawmakers, police, mental health professionals and other stakeholders to examine Chapter 51 and recommend potential changes.
As reported by WISN 12 News, Donovan noted that the council reviews study ideas on a set schedule and that requests are due next week. He told reporters he is open to exploring specific policy shifts raised by advocates, including letting clinicians seek emergency detention directly and rethinking the statute’s requirement that harm be imminent.
Case Background And Community Reaction
The 2019 killing of Ben Christianson, a random daylight stabbing that shocked Greenfield, is a big part of why Lang’s release has hit such a nerve locally and why officials have pushed for accountability.
Local coverage at the time detailed the brutality of the attack and the community’s outrage, as FOX6 Milwaukee reported. In the years since, city and county leaders have pressed for clearer notification rules and more oversight of civil commitment and release decisions.
Legal Context And Next Steps
Under current Wisconsin law, emergency detention is allowed only when there is evidence a person is mentally ill and that there is a substantial probability death or serious physical harm will imminently result unless the person receives prompt treatment. Critics say that threshold is so narrow that many real-world crises never qualify.
The emergency detention criteria are laid out in state statute. For the full text of the law, see Justia. Donovan said a study committee would give experts a forum to weigh civil liberties alongside public safety and consider reforms aimed at making the system more responsive to families and first responders on the front lines of mental health emergencies.
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