January 14, 2025

A letter jointly authored by Eau Claire County Corporation Counsel Sharon Mcilquham and Eau Claire City Attorney Steve Nick is seeking the legal opinion of Attorney General Josh Kaul, regarding custodial transports outside territorial jurisdiction.

According to the letter, “Law enforcement officers are making custodial transports outside of jurisdiction to drop off unhoused individuals in neighboring communities without a receiving facility, without probable cause, and we believe without lawful authority.”

The letter states this practice has become too common and puts the transported individual and the public at risk. The letter also states this is not a unique issue facing Eau Claire.

Not limited to unhoused individuals, the letter shares that those at the center of custodial transports are known to need mental health treatment, have AODA struggles, or have a history of criminal behavior. Furthermore, these individuals are left without treatment, without a facility or without shelter.

Corporation Counsel Mcilquham and City Attorney Nick ask that Attorney General Kaul “opine on the scope and proper use of law enforcement authority for custodial transports outside of territorial jurisdiction to aid law enforcement officers in serving the public within legal bounds and to protect the civil rights and safety of those transported…”

Chief Matt Rokus, of the Eau Claire Police Department, shared the following statement regarding the letter:

“The practice of transporting people experiencing homelessness to Eau Claire, absent a warm hand-off to services, is harmful and not in the best interest of the person facing hardship. Oftentimes these individuals commit crimes immediately after arriving, which victimizes Eau Claire residents. Our Police Officers have been injured when the transported person becomes resistive and combative. We are seeking an opinion from the Attorney General’s Office on the appropriateness of this troubling practice.”

The letter includes examples of incidents reported in Eau Claire over the last several years. You can find the letter in its entirety attached

Media inquiries should be directed to:

Matt Rokus                                                                                              Stephen Nick

Chief of Police                                                                                        City Attorney

Eau Claire Police Department                                                             City of Eau Claire

715-839-4987                                                                                         715-839-4902

 PDF Joint Letter to Wisconsin Attorney General Josh Kaul Seeking Legal Opinion Regarding Custodial Transports Outside Territorial Jurisdiction--011325