Inmates: psychiatric medication: administration.

Senator Stern's proposal to modify California's inmate psychiatric treatment protocols would establish new parameters for administering medication without consent to jail inmates found incompetent to stand trial on misdemeanor charges. The legislation outlines two scenarios where involuntary treatment could occur: during psychiatric emergencies requiring immediate intervention, and for defendants deemed gravely disabled by a court.

Under emergency circumstances, facilities would need to file notice with the Office of Administrative Hearings within 72 hours of beginning treatment, unless the defendant provides informed consent or a psychiatrist discontinues the medication as unnecessary. These emergency authorizations would expire after one year, 90 days following program referral, or upon court order. For gravely disabled defendants, courts must determine both that individuals lack capacity to refuse treatment and cannot provide for basic needs like food, shelter and medical care outside of incarceration.

The measure includes procedural safeguards, requiring facilities to notify defendants and their counsel of involuntary treatment decisions. It preserves civil and legal rights outlined in existing state code while clarifying that temporary access to necessities during incarceration does not demonstrate ability to maintain those needs independently. The provisions would operate within current county mental health department resources, without requiring additional state funding.