Prisoner Involuntary Commitment – Extension

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WI Court of Appeals – District II

Case Name: Waukesha County v. M.J.S.

Case No.: 2017AP1843

Officials: HAGEDORN, J.

Focus: Prisoner Involuntary Commitment – Extension

Since 1996, M.J.S. has been involuntarily committed for medication to treat his schizophrenia, and Waukesha County sought extension of that commitment in 2017. M.J.S., however, did not receive the statutorily required explanation of the advantages, disadvantages, and alternatives to the court-ordered medication. The circuit court granted the County’s petition for extension nonetheless. It decided that M.J.S. chose not to hear the advantages and disadvantages by failing to schedule an examination with the appointed physician, and that even if he had received the explanation, he was substantially incapable of applying that information. Because the County failed to prove by clear and convincing evidence that M.J.S. either received the statutorily required explanation pursuant to WIS. STAT. § 51.61(1)(g)4. or affirmatively waived his right to be so advised, we hold that the circuit court erred in extending M.J.S.’s involuntary commitment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.