Prisoner Involuntary Commitment

By: Derek Hawkins//April 30, 2019//

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WI Court of Appeals – District II

Case Name: Winnebago County v. C.S.

Case No.: 2016AP1982

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Prisoner Involuntary Commitment

C.S. was found not competent to make informed decisions as to the advantages and disadvantages of accepting particular medication or treatment while a prisoner and was involuntarily medicated per WIS. STAT. § 51.61(1)(g) (2017-18). C.S. argues that § 51.61(1)(g) is facially unconstitutional as it does not require a finding of dangerousness before involuntarily medicating prisoners who are committed under WIS. STAT. § 51.20(1)(ar). We affirm as § 51.61(1)(g) is reasonably related to the state’s legitimate interest in providing care and assistance to prisoners suffering from mental illness who are found not competent to refuse medication and treatment.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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