SB 795

Bill Subjects

Abstract

(1) Existing law provides for the commitment of persons found mentally incompetent for criminal process. Existing law also provides that if the defendant consented to antipsychotic medication, as specified, but subsequently withdraws his or her consent, or, if involuntary antipsychotic medication was not ordered, and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. Existing law provides that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, the committing court shall be notified of this, including an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate. Existing law further provides that the court shall provide notice to the prosecuting attorney and to the attorney representing the defendant and shall set a hearing to determine whether involuntary antipsychotic medication should be ordered, as specified. This bill would provide that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, then the treating psychiatrist shall file a petition with the committing court for issuance of an emergency order within 24 hours after determining that antipsychotic medication has become medically necessary and appropriate. The bill would require the court to provide notice to the prosecuting attorney and to the attorney representing the defendant, and to hold a preliminary hearing no later than the first court day commencing after a period of 48 hours after the determination that antipsychotic medication has become medically necessary and appropriate has been made to establish probable cause for grounds to administer antipsychotic medication. The bill would require the court to render its decision on the petition no later than the first court day following a period of 72 hours after the determination that antipsychotic medication has become medically necessary and appropriate was made. The bill would provide that if, as a result of the preliminary hearing, the court determines that probable cause continues to exist for the administration of antipsychotic medication, the court may issue an order authorizing the administration of that medication on an emergency basis after finding on the record, based on clear and convincing evidence, that the defendant lacks capacity to make decisions regarding antipsychotic medication, or the defendant is a danger to others, as specified, and that no other appropriate means are available to mitigate the patient's situation. The bill would authorize antipsychotic medication to be provided pursuant to the emergency order for no more than 14 days, exclusive of Saturdays, Sundays, and legal holidays pending a hearing, as specified, to be held not later than those same 14 days. (2) Existing law requires mentally disordered prisoners in the state prison to be admitted to a state hospital and requires the State Department of Mental Health to evaluate certain defendants committed to a state hospital. A patient determined to be a high security risk is required to be treated in the departments most secure facilities, as specified. This bill would, among other things, require a security and violence risk assessment to be performed, as specified, on every patient who has been committed to a state hospital pursuant to the Penal Code. The bill would require a patient who is determined by the security and violence risk assessment to have a high risk for aggression to be placed in a specified treatment unit within a state hospital, correctional facility, state prison psychiatric facility, or other secure facility. The department would be required to review and provide final approval, as well as recommendations for appropriate placement, for a completed security and violence risk assessment prior to the transfer of the patient to a treatment facility. The bill would require a patient who is determined to be a high escape risk patient to be treated at a state prison psychiatric facility, Atascadero State Hospital or Patton State Hospital, a correctional facility, or other secure facility as defined by the State Department of Mental Health. The bill would require, on a quarterly basis beginning January 1, 2012, the department to provide a prescribed report to the public safety committees of the Legislature on the level of aggression at the state hospitals.