Can an Inmate Be Involuntarily Medicated in Wisconsin, Even If They Aren’t Dangerous?

The state may seek to involuntarily commit a prisoner who has a mental illness that needs treatment. But can the state also medicate an inmate against their will without proving that the inmate poses a danger to themselves or others?

Why Would the State Seek to Involuntarily Medicate a Criminal Defendant or an Inmate?

The government might file a motion to obtain court approval to involuntarily medicate a criminal defendant or a prison inmate for several reasons, such as:

• Restoring a criminal defendant to competency: A trial court may deem a defendant not competent to stand trial if they have a mental illness that prevents them from appreciating the nature of court proceedings or assisting their defense attorney with preparing and presenting a defense. The government may request to involuntarily medicate the defendant if medication would treat the symptoms of their mental illness and restore them to competency to stand trial.
• A detainee or inmate poses a danger to themselves or others: A pretrial detainee’s or prison inmate’s mental illness might make them violent or suicidal and pose a risk of injury to themselves, other inmates, or correctional facility staff.
• A detainee's or inmate's mental illness has resulted in their involuntary commitment: The state may seek an order authorizing involuntary medication when such medication would help treat a detainee's or prisoner's mental illness that resulted in their involuntary commitment.

Can the Court Order Involuntary Medication Without Finding a Defendant or Inmate Dangerous?

Any patient, including a pretrial detainee or a prisoner, has the right to refuse medication or medical treatment, except when a court orders the involuntary administration of medication or treatment or when necessary to prevent severe physical harm to the patient or others. A court can order involuntary medication for an individual the court finds not competent to make an informed decision to refuse treatment.

Courts can involuntarily commit both inmates and non-inmates when the state proves that an individual has a mental illness and needs treatment. However, while the law also requires the state to prove dangerousness to secure a non-inmate's involuntary commitment, the state does not have to prove dangerousness for an inmate.

The Wisconsin Supreme Court evaluated the constitutionality of the state’s involuntary medication statute, which permitted the involuntary medication of an involuntarily committed person based on that person’s incompetence to refuse medication. The supreme court noted that while involuntary commitment of a non-inmate required a finding of dangerousness, that requirement did not apply to involuntarily committed inmates. Thus, the supreme court found the statute unconstitutional because the state did not have an overriding legitimate interest in involuntarily medicating someone whom a court has not deemed a danger to themselves or others.

Contact a Criminal Defense Attorney Today

If the government has filed a motion to medicate you during your pretrial detention or incarceration involuntarily, you need dedicated legal representation to defend your rights. Call Cohen Law Offices today at (715) 333-3782 for a confidential consultation with a seasoned criminal defense attorney to discuss your legal options.