Bill > SB820

This bill addresses the administration of psychiatric medication to inmates in county jails, specifically focusing on defendants who have been found incompetent to stand trial on misdemeanor charges. The bill allows psychiatrists to administer psychiatric medication without the defendant's informed consent in two key scenarios: first, during an emergency where the medication is immediately necessary to preserve life or prevent serious bodily harm, and second, when a court determines that the defendant is gravely disabled and lacks the capacity to refuse treatment. In emergency situations, the medication authorization is valid for one year, 90 days after program referral, or until a court order, whichever comes first. The bill includes procedural safeguards, such as requiring written notice to administrative hearings and the defendant's counsel within 72 hours of medication administration. Importantly, the bill clarifies that temporary access to basic needs while incarcerated does not prove a defendant can provide for themselves, and it ensures that defendants retain their legal and civil rights during this process. The legislation aims to balance the medical needs of mentally incompetent inmates with their personal rights and due process protections.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB820