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Wisconsin Statutes

Wis. Stat. § 51.05 (2026)

Mental health institutes

✓ current as of July 2026
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51.0551.05 Mental health institutes.
51.05(1)(1) Designation. The mental health institute located at Mendota is known as the “Mendota Mental Health Institute” and the mental health institute located at Winnebago is known as the “Winnebago Mental Health Institute”. Goodland Hall West, a facility located at Mendota Mental Health Institute, is designated as the “Maximum Security Facility at Mendota Mental Health Institute”. The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)(2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this subsection.
51.05(3)(3) Admissions authorized by department. Any person who is without a county responsible for his or her care and any person entering this state through the compact established under s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(4)(4) Transfers and discharges. The transfer or discharge of any person who is placed in a mental health institute shall be made subject to s. 51.35.
51.05(5)(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for special education and related services under subch. V of ch. 115 is committed, admitted or transferred to or is a resident of the Mendota Mental Health Institute or Winnebago Mental Health Institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota Mental Health Institute or Winnebago Mental Health Institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.05(6)(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.05 HistoryHistory: 1975 c. 430; 1977 c. 428; 1979 c. 117; 1983 a. 293; 1985 a. 29 s. 3200 (56); 1985 a. 176; 1987 a. 27; 1989 a. 31, 359; 1991 a. 315; 1993 a. 437 ss. 103 and 266; 1993 a. 479; 1995 a. 27 ss. 9126 (19), 9145 (1); 1995 a. 77, 216; 1997 a. 27, 164; 1999 a. 9, 83; 2005 a. 25, 344, 387; 2007 a. 97; 2023 a. 259.
Notes of Decisions
Cited in 13 cases, 1968–2017 · leading case: City of Madison v. State Dep't of Health Servs., 2017 WI App 25 (Wis. Ct. App. 2017).
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City of Madison v. State Dep't of Health Servs., 2017 WI App 25 (Wis. Ct. App. 2017). · cites it 15× “At oral argument the City suggested for the first time that another statute, Wis. Stat. § 51.05 (1), supports its singling out Mendota and Winnebago from the other four state treatment facilities.”
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017). · cites it 2× “Any secured unit or secured portion of a mental health institute under § 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute; 6.”
Lessard v. Schmidt, 349 F. Supp. 1078 (E.D. Wis. 1972). · cites it 2× “” Section 51.05 states that “if the court or jury finds that the patient is mentally ill or infirm and should be sent to a hospital for the mentally ill or infirm, the court shall commit him to a hospital .”
Maxey v. Redevelopment Auth. of Racine, 353 N.W.2d 812 (Wis. Ct. App. 1984). “] *23 2A Sutherland, Statutory Construction § 51.05 (4th ed. 1973). 7 We therefore conclude that sec.”
Flejter v. Est. of Flejter Ex Rel. Migacz, 2001 WI App 26 (Wis. Ct. App. 2000). · cites it 2× “'") (Quoting 2A SUTHERLAND, STATUTORY CONSTRUCTION § 51.05 (4th ed. 1973)). ¶ 56. The following analysis applies here: • WISCONSIN STAT.”
State v. Amato, 375 N.W.2d 75 (Wis. Ct. App. 1985). “In the language of a court: ‘It is the general rule that where the general statute standing alone would include the same matter as the special act, and thus conflict with it, the special act will be considered as an exception to the general statute whether it was passed before…”
State Ex Rel. Hager v. Marten, 594 N.W.2d 791 (Wis. 1999). · cites it 4× “Wis. Stat. § 51.05 . Because the court's order required Hager's competency examination to be conducted at Winnebago—a department facility, Wis.”
Treglown v. Dep't of Health & Soc. Servs., 156 N.W.2d 363 (Wis. 1968). “” We feel that there are significant differences between commitments under sec. 51.05, Stats., and the statute involved in the present case, sec.”
State Ex Rel. Westbrook v. City of New Berlin, 354 N.W.2d 206 (Wis. Ct. App. 1984). “See also 2A Sutherland Statutory Construction § 51.05 (4th ed. 1973). Our interpretation accords to common councils (or the agency to which approving authority is delegated) their traditional and exclusive supervisory authority over land divisions and platting proposals,…”
Mayek v. Cloverleaf Lakes Sanitary Dist. 1, 2000 WI App 182 (Wis. Ct. App. 2000). “Singer, Sutherland, Statutory Construction §51.05 (5th ed. 1992). 11 Although neither party cites us to Wis.”
Joers v. Dep't of Health & Soc. Servs., 216 N.W.2d 889 (Wis. 1974). · cites it 2× “[2] Significantly, in Treglown *204 we pointed out the differences between commitment under sec. 51.05, Stats., and sec. 957.11 (3), particularly in the provisions governing release in relation to whether the incarceration was for treatment alone or partially for treatment to…”
Wisconsin Carry, Inc. v. City of Madison (Wis. 2017). “Any secured unit or secured portion of a mental health institute under § 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute; 6.”
Show all 13 citing cases →
— Wis. Stat. § 51.05(1) — 1 case
City of Madison v. State Dep't of Health Servs., 2017 WI App 25 (Wis. Ct. App. 2017). “At oral argument the City suggested for the first time that another statute, Wis. Stat. § 51.05 (1), supports its singling out Mendota and Winnebago from the other four state treatment facilities.”
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