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Prisoner Involuntary Commitment – Extension

By: Derek Hawkins//August 29, 2018//

Prisoner Involuntary Commitment – Extension

By: Derek Hawkins//August 29, 2018//

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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 to treat his schizophrenia. In 2017, Waukesha County sought—and the circuit court granted—extension of the commitment and the medication order. M.J.S. challenges both orders on appeal. Although we affirm the order extending the underlying commitment, we reverse the medication order 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.

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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.

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