The Madison police chief and a University of Wisconsin mental health expert both said a Dane County judge’s decision last week to drop the city’s lawsuit against the Department of Health Services will exacerbate the already troublesome proceedings of emergency detentions.

The decision means Madison Police Department officers must continue transporting emergency detainees to a hospital in Oshkosh, MPD Chief Mike Koval said. The DHS, which is responsible for accepting those needing emergency detainment, stopped accepting people after April 2014, Koval said.

People needing emergency detentions, which are used as a last resort when a person presents a clear danger to themselves or others, will continue to face discomfort due to long transportation times, Ronald Diamond, UW professor and expert in emergency psychiatry, said.

Before April 2014, MPD officers dealing with individuals fitting the criteria for an emergency detention could take them to Mendota Mental Health Institute on the north side of Madison. In April, DHS decided to cease Mendota’s emergency detention capacity, and police have been forced to drive five-hour round trips to Winnebago Mental Health Institute in Oshkosh as a result, Koval said.

“Having police transport people up to Oshkosh is a royal pain in the ass,” Diamond said. “It’s expensive, it’s uncomfortable and it doesn’t allow for collaboration of care.”

The hours required for transportation, Diamond said, which detainees spend handcuffed in a squad car, cause even further agitation for individuals experiencing a mental health crisis. The process can also be expensive because two officers have to spend almost their entire shift out of the city.

Emergency detentions occur multiple times a week, Koval said, and on rare occasions, up to eight MPD officers can be found in Oshkosh, located 90 miles away. He said the trips can incur great cost due to overtime and fuel pay, and quality of service can also be affected.

Because of this, Koval said the city plans to appeal the outcome of the lawsuit. But in the meantime, MPD’s options remain limited in dealing with the problem. He said MPD does not have the option of creating a dedicated transportation team, and efforts to rotate transporting officers between nearby police department would put great strain on smaller departments.

Koval further criticized DHS’ unwillingness to use Mendota Mental Health Institute because Dane County is one of the highest users of emergency detentions. He said the DHS has only “kicked the can down the block” by consolidating admittance at Winnebago since the hospital already suffers from overcrowding.

The DHS did not respond to requests for comment.

A general lack of access to mental health resources for certain individuals has also contributed to the problem, Koval said. The lack of preventative treatment options for individuals prone to instances requiring emergency detentions means police are left shouldering the weight of mental health crises.

“I feel our office has been asked to [metaphorically] put Band-Aids where tourniquets and surgery are required,” Koval said.

Diamond said the court decision was influenced by wording within state law that specifies the DHS must provide for emergency detention, but it is up to them where.