BILL NUMBER: AB 1114	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 18, 2011

   An act to amend Section 2600 of, and to add Section 2602 to, the
Penal Code, relating to inmates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1114, as introduced, Bonnie Lowenthal. Inmates: involuntary
administration of psychotropic medications.
   Existing law provides that a person sentenced to imprisonment in a
state prison may be deprived of rights only as is reasonably related
to legitimate penological interests. Existing law states that
nothing in this provision shall be construed to permit the
involuntary administration of psychotropic medication unless the
process specified in Keyhea v. Rushen (1986) 178 Cal.App.3d 526 has
been followed. Existing law further requires that this process be
conducted by an administrative law judge.
   This bill would delete the provision regarding the medication
process specified in Keyhea v. Rushen. The bill would instead provide
that no inmate shall be administered psychotropic medication without
the inmate's informed consent, unless a noticed hearing is conducted
in which an administrative law judge determines by clear and
convincing evidence that the inmate suffers from a mental illness or
disorder, that the inmate is or is likely to become gravely disabled
or a danger to self or others, and that the medication is in the
inmate's best medical interest. The bill would provide that this
determination shall be valid for one year from the date the
determination is made. This bill would require that the inmate be
provided with written notice, as specified, and appointed counsel at
least 21 days prior to the hearing.
   The bill would provide that it is not intended to prohibit a
physician from taking appropriate action in an emergency, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2600 of the Penal Code is amended to read:
   2600.  A person sentenced to imprisonment in a state prison may
during that period of confinement be deprived of such rights, and
only such rights, as is reasonably related to legitimate penological
interests. 
   Nothing in this section shall be construed to permit the
involuntary administration of psychotropic medication unless the
process specified in the permanent injunction, dated October 31,
1986, in the matter of Keyhea v. Rushen, 178 Cal. App. 3d 526, has
been followed. The judicial hearing for the authorization for the
involuntary administration of psychotropic medication provided for in
Part III of the injunction shall be conducted by an administrative
law judge. The hearing may, at the direction of the director, be
conducted at the facility where the inmate is located. 
   Nothing in this section shall be construed to overturn the
decision in Thor v. Superior Court, 5 Cal. 4th 725.
  SEC. 2.  Section 2602 is added to the Penal Code, to read:
   2602.  (a) Except as provided in subdivision (b), no person
described in Section 2600 shall be administered any psychotropic
medication without his or her prior informed consent.
   (b) If a psychiatrist determines that an inmate should be treated
with psychotropic medication, but the inmate does not consent, the
inmate may be involuntarily treated with the medication only if all
of the following conditions have been met:
   (1) A psychiatrist has determined that the inmate suffers from a
serious mental disorder.
   (2) A psychiatrist has determined that, as a result of that mental
disorder, the inmate currently is, or is likely to become, gravely
disabled or a danger to self or others.
   (3) A psychiatrist has prescribed one or more psychotropic
medications for the treatment of the inmate's mental disorder.
   (4) The inmate is provided a hearing before an administrative law
judge.
   (5) The inmate is provided counsel at least 21 days prior to the
hearing.
   (6) The inmate and counsel are provided with written notice of the
hearing at least 21 days prior to the hearing. The written notice
shall do all of the following:
   (A) Set forth the diagnosis, the factual basis for the diagnosis,
the basis upon which psychotropic medication is recommended, the
expected benefits of the medication, any potential side effects and
risks to the inmate from the medication, and any alternatives to
treatment with the medication.
   (B) Advise the inmate of the right to be present at the hearing,
the right to present evidence, and the right to cross-examine
witnesses.
   (7) An administrative law judge determines by clear and convincing
evidence at the conclusion of the hearing that the inmate suffers
from a mental illness or disorder, that the inmate currently is, or
is likely to become, gravely disabled or a danger to self or others
if not medicated, and that the medication is in the inmate's best
medical interest.
   (c) The determination that an inmate may receive involuntary
medication shall be valid for one year from the date of the
determination, regardless of whether the inmate subsequently gives
his or her informed consent.
   (d) If a determination has been made to involuntarily medicate an
inmate pursuant to subdivision (b), the medication shall be
discontinued one year after the date of that determination, unless
the inmate gives his or her informed consent to the administration of
the medication, or unless a new determination is made pursuant to
the procedures set forth in subdivision (b).
   (e) Nothing in this section is intended to prohibit a physician
from taking appropriate action in an emergency. For purposes of this
section, an emergency exists when there is a sudden and marked change
in the inmate's mental condition so that action is immediately
necessary for the preservation of life or the prevention of serious
bodily harm to the inmate or others and it is impractical to first
obtain informed consent. If psychotropic medication is administered
during an emergency, the medication shall only be that which is
required to treat the emergency condition.