Involuntary Medication Order

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Maurice Hardy

Case No.: 2022AP001018

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Involuntary Medication Order

In 2003, the Milwaukee County Circuit Court committed Hardy to the Department of Health Services (DHS), after determining that he was a sexually violent person pursuant to WIS. STAT. ch. 980. Hardy has been at the Sand Ridge Secure Treatment Center since that time. On October 8, 2020, the circuit court entered an order authorizing the involuntary administration of psychotropic medication to Hardy, pursuant to WIS. STAT. § 51.61(1)(g)3. On September 27, 2021, DHS filed a petition to extend the involuntary medication order. The petition included multiple supporting documents, including a report from Hardy’s treating psychiatrist.

Hardy appeals an order of the circuit court extending an involuntary medication order to treat Hardy’s schizophrenia. The appeals court concludes that the State did not prove by clear and convincing evidence that Hardy was not competent to refuse medication, nor did the State prove that the medication order was necessary to prevent serious physical harm to Hardy or others. See WIS. STAT. § 51.61(1)(g)3. (2021-22). Accordingly, the appeals court reverses the circuit court’s order and remand this matter with directions to deny the State’s motion for involuntary medication.

Reversed and Remanded.

Decided 05/02/23

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