AB 1815, as introduced, Jones-Sawyer. Prison inmates: organic therapy.
Existing law recognizes that all persons, including all persons involuntarily confined, have a fundamental right against enforced interference with their thought processes, states of mind, and patterns of mentation through the use of organic therapies and prohibits administering or subjecting to organic therapy a person confined or detained in state prison, as specified, without the person’s consent.
This bill would make nonsubstantive, technical changes to the latter provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2670.5 of the Penal Code is amended to
2read:
(a) No person confined or detainedbegin delete underend deletebegin insert pursuant toend insert
4 Title 1 (commencing with Section 2000) and Title 2 (commencing
5with Section 3200) shall be administered or subjected to any
P2 1organic therapy as defined in subdivision (c) without his or her
2informed consent, provided that:
3(1) If the person gives his or her informed consent to organic
4therapy, it shall be administered only if there has been compliance
5with Sections 2675 to 2680, inclusive.
6(2) If the person lacks the capacity for informed consent to
7organic therapy other than psychosurgery as referred to in
8subdivision (c), in
order to proceed with the therapy, the warden
9shall secure an order from the superior court to authorize the
10administration of the therapy in accordance with Sections 2675 to
112680, inclusive.
12(b) No person confined or detained under Title 1 (commencing
13with Section 2000) or Title 2 (commencing with Section 3200)
14who lacks the capacity for informed consent shall be administered
15or subjected to psychosurgery as referred to in subdivision (c).
16(c) The term organic therapy refers to:
17(1) Psychosurgery, including lobotomy, stereotactic surgery,
18electronic, chemical or other destruction of brain tissues, or
19implantation of electrodes into brain tissue.
20(2) Shock therapy, including, but not limited to, any convulsive
21therapy and insulin shock treatments.
22(3) The use of any drugs, electric shocks, electronic stimulation
23of the brain, or infliction of physical pain when used as
an aversive
24or reinforcing stimulus in a program of aversive, classical, or
25operant conditioning.
26(d) A person does not waive his or her right to refuse any organic
27therapy by having previously given his or her informed consent
28to the therapy, and the person may withdraw his or her consent at
29any time.
30If required by sound medical-psychiatric practice, the attending
31physician shall, after the person withdraws his or her previously
32given informed consent, gradually phase the person out of the
33therapy if sudden cessation would create a serious risk of mental
34or physical harm to the person.
35(e) Nothing in this article shall be construed to prevent the
36attending physician from administering nonorganic therapies such
37as psychotherapy, psychoanalysis, group therapy, milieu therapy,
38or other therapies or programs involving communication or
39interaction among physicians, patients, and others, with or without
P3 1the use of drugs when used for purposes other
than described in
2paragraph (3) of subdivision (c).
3(f) Nothing in this article shall be construed to prevent the
4administration of drugs not connected with a program of
5conditioning and intended to cause negative physical reactions to
6ingestion of alcohol or drugs.
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