Winnebago County v. C.S.
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The Supreme Court held that Wis. Stat. 51.61(1)(g), which permits the involuntary medication of an incompetent but non-dangerous inmate, is facially unconstitutional for any inmate who is involuntarily committed based on determinations that he was mentally ill and in need of treatment when the inmate is involuntarily medicated based merely on a determination that the inmate is incompetent to refuse medication.
At issue before the Supreme Court was the circuit court's order of extension of commitment, order for involuntary medication and treatment, and order denying C.S.'s postcommitment motion. C.S., who suffered from schizophrenia, was committed while he was an inmate. Because he was determined incompetent to refuse medication pursuant to section 51.61(1)(g) he was the subject of multiple involuntary medication court orders. C.S. was committed not based upon a determination of dangerousness but, rather, on determinations that he was mentally ill and in need of treatment. C.S. argued that section 51.61(1)(g)(3 is unconstitutional when it permits the involuntary medication of any inmate committed under Wis. Stat. 51.20(1)(ar) without a determination that the inmate is dangerous. The Supreme Court agreed, holding that incompetence to refuse medication alone is not an essential or overriding State interest and cannot justify involuntary medication.
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