Can a circuit court judge force an inmate to take drugs via needle?

[Erika Domnick]

Jurisdiction

Wisconsin

My son has drug induced schizophrenia. He was injured in a fight in a parking ramp and had been taken to the hospital. He was released the following day and was confused. He attempted to enter the home of a stranger, believing it was his friend's house. The man called the police even though my son had walked away without further incident. The police saw my son on a street corner, waiting to cross the street and identified him by the clothing described by the caller. They approached my son and after a brief conversation where the officer notes my son's hospital bracelet, and the fact that, he (my son) had told them he was in the hospital the night before. The following is a direct quote from the officer's report.
"Officer________ reports that he observed {my son} had constricted pupils and was twitching. He was staring off into the distance and could not keep his focus. Officer _____ asked {my son} if he had used any type of illegal drugs and he said he only uses alcohol. {My son} said he as schizophrenia and he was dealing with that at the moment.
Due to the above circumstances, Officer ___________ reports he informed {my son} that he would be placed into custody for disorderly conduct." End quote.
My son has been in jail for over 175 days with no charges filed- they are keeping him for competency hearings and forcing him to take their drugs. They say he will not get out until he's 100% compliant with their drugs!!! Can a circuit court judge do this? What is my recourse?

 

[justblue]

My son has drug induced schizophrenia. He was injured in a fight in a parking ramp and had been taken to the hospital. He was released the following day and was confused. He attempted to enter the home of a stranger, believing it was his friend's house. The man called the police even though my son had walked away without further incident. The police saw my son on a street corner, waiting to cross the street and identified him by the clothing described by the caller. They approached my son and after a brief conversation where the officer notes my son's hospital bracelet, and the fact that, he (my son) had told them he was in the hospital the night before. The following is a direct quote from the officer's report.
"Officer________ reports that he observed {my son} had constricted pupils and was twitching. He was staring off into the distance and could not keep his focus. Officer _____ asked {my son} if he had used any type of illegal drugs and he said he only uses alcohol. {My son} said he as schizophrenia and he was dealing with that at the moment.
Due to the above circumstances, Officer ___________ reports he informed {my son} that he would be placed into custody for disorderly conduct." End quote.
My son has been in jail for over 175 days with no charges filed- they are keeping him for competency hearings and forcing him to take their drugs. They say he will not get out until he's 100% compliant with their drugs!!! Can a circuit court judge do this? What is my recourse?

Your recourse? Unless your son is a minor or declared incompetent and placed under your guardianship, you have no "recourse" except to pay for an attorney to represent him.

 

[army judge]

The man called the police even though my son had walked away without further incident.

That is exactly what any sane property owner or renter would do, call the police.
It is rarely advised to take matters into one's own hands.
Citizens pay taxes for many things, among them would be a well trained law enforcement agency.

The police saw my son on a street corner, waiting to cross the street and identified him by the clothing described by the caller. They approached my son and after a brief conversation where the officer notes my son's hospital bracelet, and the fact that, he (my son) had told them he was in the hospital the night before. The following is a direct quote from the officer's report.
"Officer________ reports that he observed {my son} had constricted pupils and was twitching. He was staring off into the distance and could not keep his focus. Officer _____ asked {my son} if he had used any type of illegal drugs and he said he only uses alcohol. {My son} said he as schizophrenia and he was dealing with that at the moment.
Due to the above circumstances, Officer ___________ reports he informed {my son} that he would be placed into custody for disorderly conduct." End quote.

I see nothing in what you have revealed above that would contraindicate the officer making a custodial arrest of the person described.

My son has been in jail for over 175 days with no charges filed- they are keeping him for competency hearings and forcing him to take their drugs.

I suspect a judge has signed an ORDER detailing what the custodial facility must do with and to yoru son while he remains incarcerated.

You are free to retain an attorney to seek his release via "The Great Writ - Habeas Corpus" or pursue the competency proceeding.

Definition of habeas corpus
1: any of several common-law writs issued to bring a party before a court or judge
especially : HABEAS CORPUS AD SUBJICIENDUM
2: the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment

Definition of HABEAS CORPUS

They say he will not get out until he's 100% compliant with their drugs!!! Can a circuit court judge do this?

According to you "they" are currently doing IT, and have been doing IT for almost six months.

What is my recourse?

You have no recourse.

If there is recourse, your son must pursue same as I described above.
You, however, can assist him in his pursuit of freedom by hiring an attorney to investigate and pursue any lawful remedies.

 

[zddoodah]

If your question is whether it's legal for a court to order the forcible administration of drugs to make a prisoner competent, the answer is yes. I agree with the first response as concerns your "recourse."

 

[mightymoose]

Is your son actually in a jail, or is he in a mental health facility?