AB 366 — Defendants: involuntary antipsychotic medication.

Summary

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.

Bill Text

• Chaptered 10/09/11 - Chaptered Current pdf October 09, 2011
• Enrolled 09/19/11 - Enrolled pdf September 19, 2011
• Amended 09/01/11 - Amended Senate pdf September 01, 2011
• Amended 08/30/11 - Amended Senate pdf August 30, 2011
• Amended 07/12/11 - Amended Senate pdf July 12, 2011
• Amended 06/28/11 - Amended Senate pdf June 28, 2011
• Amended 04/25/11 - Amended Assembly pdf April 25, 2011
• Amended 04/11/11 - Amended Assembly pdf April 11, 2011
• Introduced 02/14/11 - Introduced pdf February 14, 2011
• AB366 View text html

Action History

1. October 09, 2011

   Chaptered by Secretary of State - Chapter 654, Statutes of 2011.

2. October 09, 2011

   Approved by the Governor.

3. September 21, 2011

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 08, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3072.).

5. September 07, 2011

   In Assembly. Concurrence in Senate amendments pending.

6. September 07, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 2354.).

7. September 02, 2011

   Read second time. Ordered to third reading.

8. September 01, 2011

   Read third time and amended. Ordered to second reading.

9. August 30, 2011

   Read second time and amended. Ordered to third reading.

10. August 29, 2011

    From committee: Do pass as amended. (Ayes 9. Noes 0.) (August 25).

11. August 15, 2011

    In committee: Referred to APPR. suspense file.

12. July 12, 2011

    Read second time and amended. Re-referred to Com. on APPR.

13. July 11, 2011

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5).

14. June 28, 2011

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

15. June 08, 2011

    Referred to Com. on PUB. S.

16. May 31, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 31, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1649.)

18. May 27, 2011

    Read second time. Ordered to third reading.

19. May 27, 2011

    From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

20. May 18, 2011

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. May 04, 2011

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 3). Re-referred to Com. on APPR.

22. April 25, 2011

    Re-referred to Com. on PUB. S.

23. April 25, 2011

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

24. April 15, 2011

    From committee: Be re-referred to Com. on PUB. S. Re-referred. (Ayes 8. Noes 0.) (April 14). Re-referred to Com. on PUB. S.

25. April 11, 2011

    Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

26. April 11, 2011

    Re-referred to Com. on HEALTH.

27. April 11, 2011

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

28. April 05, 2011

    In committee: Set, first hearing. Hearing canceled at the request of author.

29. March 03, 2011

    Referred to Com. on HEALTH.

30. February 15, 2011

    From printer. May be heard in committee March 17.

31. February 14, 2011

    Read first time. To print.

Sponsors

• Achadjian · Cosponsor
• Blakeslee · Cosponsor
• Mendoza · Cosponsor
• Travis Allen · Primary

Votes

Subjects