Inmates: mental health.

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 permits involuntary medication without prior consent during emergencies for up to 72 hours when necessary to address an urgent condition, provided it is administered in the least restrictive manner.

For treatment beyond 72 hours, the bill requires a court hearing where a psychiatrist or psychologist must demonstrate by clear and convincing evidence that the inmate has a serious mental health disorder treatable with antipsychotic medication, lacks capacity to consent, and faces likely harm without treatment. Inmates retain rights to written notice, legal representation, medical records access, and participation in proceedings. Courts must verify no less restrictive alternatives exist and that involuntary medication serves the inmate's best medical interests.

The legislation also modifies evaluation criteria for inmates transferred to 72-hour treatment facilities, specifying that temporary access to basic needs while in custody cannot be used to determine an individual's ability to provide for themselves outside of incarceration. Treatment orders remain valid for 90 days or until the inmate is released, referred to alternative programs, or receives a superseding court order. Throughout treatment, facilities must document attempts to locate community-based alternatives and ensure medication is administered only by healthcare staff with enhanced monitoring protocols.