Inmates: mental health.
- Authorizes involuntary antipsychotic medication for jail inmates found mentally incompetent in misdemeanor cases.
- Requires court approval and clear evidence of medical necessity for involuntary medication beyond 72 hours.
- Mandates court reviews every 60 days to continue involuntary medication orders.
- Expires January 1, 2030 unless extended by future legislation.
Senator Stern's mental health legislation establishes new protocols for administering antipsychotic medication to county jail inmates found incompetent to stand trial on misdemeanor charges. The bill authorizes involuntary medication in emergency situations for up to 72 hours when necessary to address immediate psychiatric needs, while creating a court oversight process for extending treatment beyond that initial period.
The legislation requires courts to find clear and convincing evidence that an inmate has a serious mental health disorder treatable with antipsychotic medication and lacks capacity to make treatment decisions before ordering involuntary medication. Inmates retain specific rights throughout the process, including written notice of diagnosis and treatment plans, legal representation, access to medical records, and participation in hearings. Courts must review involuntary medication orders every 60 days based on psychiatric evaluations to determine if continued treatment remains warranted.
The bill also modifies existing law regarding transfers of inmates to 72-hour psychiatric facilities, clarifying that temporary access to basic needs while incarcerated cannot be used to determine an individual's ability to care for themselves outside of custody. These provisions will sunset on January 1, 2030 unless extended by future legislation. County jails must document attempts to place individuals in community treatment before pursuing involuntary medication, which can only be administered by medical staff with enhanced monitoring requirements.
 Henry SternD Senator | Bill Author |  Not Contacted |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 39 | 0 | 1 | 40 | PASS |
- Authorizes involuntary antipsychotic medication for jail inmates found mentally incompetent in misdemeanor cases.
- Requires court approval and clear evidence of medical necessity for involuntary medication beyond 72 hours.
- Mandates court reviews every 60 days to continue involuntary medication orders.
- Expires January 1, 2030 unless extended by future legislation.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Senator Stern's mental health legislation establishes new protocols for administering antipsychotic medication to county jail inmates found incompetent to stand trial on misdemeanor charges. The bill authorizes involuntary medication in emergency situations for up to 72 hours when necessary to address immediate psychiatric needs, while creating a court oversight process for extending treatment beyond that initial period.
The legislation requires courts to find clear and convincing evidence that an inmate has a serious mental health disorder treatable with antipsychotic medication and lacks capacity to make treatment decisions before ordering involuntary medication. Inmates retain specific rights throughout the process, including written notice of diagnosis and treatment plans, legal representation, access to medical records, and participation in hearings. Courts must review involuntary medication orders every 60 days based on psychiatric evaluations to determine if continued treatment remains warranted.
The bill also modifies existing law regarding transfers of inmates to 72-hour psychiatric facilities, clarifying that temporary access to basic needs while incarcerated cannot be used to determine an individual's ability to care for themselves outside of custody. These provisions will sunset on January 1, 2030 unless extended by future legislation. County jails must document attempts to place individuals in community treatment before pursuing involuntary medication, which can only be administered by medical staff with enhanced monitoring requirements.
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 39 | 0 | 1 | 40 | PASS |
Henry SternD Senator | Bill Author | Not Contacted |