BILL ANALYSIS Ó
AB 1114
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Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1114 (Lowenthal) - As Amended: April 28, 2011
Policy Committee: Public
SafetyVote: 6-0
Judiciary 9-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill creates, as an alternative to the process specified by
Keyhea v. Rushen , procedural requirements for involuntary
administration of psychotropic medication to state prison
inmates that eliminate the certification review hearing under
Keyhea, while safeguarding due process protections for inmates
contesting involuntary medication. Specifically, this bill:
1)Deletes provisions of law that prohibit involuntary
administration of psychotropic medication to state prison
inmates unless the process specified in the permanent
injunction in the matter of Keyhea v. Rushen is followed.
2)Prohibits administration of psychotropic medication without
informed consent, absent specified procedures and
requirements.
3)Provides, if a psychiatrist determines an inmate should be
treated with psychotropic medication, but the inmate does not
consent, the Department of Corrections and Rehabilitation
(CDCR) may seek to initiate involuntary medication on a
nonemergency basis if specified conditions are met, including:
a) A psychiatrist has determined the inmate has a serious
mental disorder, and as a result, is gravely disabled or a
danger to self or others, and does not have the capacity to
refuse treatment with psychotropic medications.
b) The inmate is provided a hearing before an
administrative law judge (ALJ) and is provided counsel at
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least 21 days before the hearing, which shall not be held
more than 30 days after the filing of the notice of
hearing.
c) An ALJ determines involuntary medication is warranted by
clear and convincing evidence, and the historical course of
the inmate's mental disorder is considered.
4)Specifies that nothing in this act is intended to prohibit a
physician from taking appropriate action in an emergency, as
defined, and specifies conditions under which psychotropic
medication may be administered to an inmate in an emergency,
including that the medication is required to treat the
emergency and for only so long as the emergency exists, but in
no event longer than five days, unless CDCR obtains an order
authorizing continued medication.
5)Specifies involuntary medication, on an emergency or
nonemergency basis, must discontinue one year from the date of
determination, unless the inmate gives her or her informed
consent or CDCR follow specified procedures for a renewal
hearing.
FISCAL EFFECT
1)Ongoing annual GF savings to CDCR in the range of $2 million,
based largely on extending the renewal interval for many of
the involuntary medication cases from 180 days to 365 days.
Savings would be the result of reduced legal expenditures and
less frequent psychiatric evaluations for determining the need
for involuntary medication.
2)Unknown annual GF court savings, likely in the hundreds of
thousands of dollars.
COMMENTS
1)Rationale. This bill intends to create, as an alternative to
the Keyhea v. Rushen process, new procedural requirements for
involuntary administration of psychotropic medications to
state prisoners with mental disorders. This bill codifies much
of the current Keyhea process with some exceptions.
The most significant differences are (a) the bill shortens the
process to ensure that an inmate has a hearing before an ALJ
to discontinue involuntary medication, (b) extends the
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duration for involuntary medication to 365 days for all
orders, whereas under Keyhea, the authorization for an inmate
determined to be a threat to self or others is 180 days, and
365 days for an inmate considered gravely disabled.
For purposes of context, however, in 2010 CDCR sought 1,035
involuntary medication renewals at six months for persons
considered a danger to self or others. Only 17 of these were
not renewed for a full year. The committee has asked for
similar data for additional years.
According to the author, CDCR (which is officially neutral on
the bill), and inmate rights representatives, this bill
reflects a carefully crafted agreement intended to provide due
process protections to inmates, while expediting the Keyhea
process.
2)There is no known opposition to this measure .
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081