Defendants: involuntary antipsychotic medication.

Existing law provides that if a defendant becomes mentally incompetent, a trial or judgment related to that defendant shall be suspended until he or she becomes mentally competent. Existing law establishes procedures whereby the court determines the appropriate facility where an incompetent defendant shall be delivered for treatment, and determines whether the defendant consents to the administration of antipsychotic medication, or determines whether involuntary administration of antipsychotic medication is appropriate, as specified. This bill would require, as of July 1, 2012, the court to determine if the defendant lacks capacity to make decisions regarding antipsychotic medication before seeking consent from the defendant for those medications. The bill would provide that when, under specified conditions and in the opinion of the treating psychiatrist, involuntary administration of antipsychotic medication becomes necessary, that medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of certifying that involuntary antipsychotic medication has become medically necessary and appropriate, an administrative law judge conducts a hearing and reviews the treating psychiatrist's determination to administer the medication and concurs in that determination. The bill would require the defendant to be represented at the hearing by an attorney or patients' rights advocate and would prescribe other rights of the defendant with respect to the hearing. The bill would provide that if the administrative law judge concurs in the treating psychiatrist's certification, antipsychotic medication would be authorized to continue to be administered for the 21-day certification period and if the administrative law judge disagrees with the certification, the medication would not be administered until a court so ordered. The bill would require the treating psychiatrist to file a copy of the certification and a petition with the court for issuance of an order to administer antipsychotic medication beyond the 21-day certification period, as specified, and would waive fees for the filing of the petition or other document or paper related to the petition. The bill would require the court to determine, prior to the expiration of the 21-day certification period, whether the medication should be administered beyond the 21-day certification period, as specified. The bill would provide that an order for the involuntary administration of antipsychotic medication beyond the 21-day certification period would be valid for no more than one year, and would require the court to review the order 6 months after the order was made, as specified, to determine if the grounds for involuntary medication remain. The bill would require reports at 6-month intervals, or until the defendant becomes mentally competent, and would require certain items to be addressed in the report, including, among other things, whether or not the defendant has the capacity to make decisions concerning antipsychotic medication. After reviewing the reports, a court would be required to determine whether the need for continued administration of antipsychotic medication exists, as specified. The bill would also provide that its terms do not preclude a defendant from filing a petition for habeas corpus to challenge the continuing validity of an order authorizing the involuntary administration of antipsychotic medication.