Bill > SB196

This bill establishes a process for administering psychotropic medication, which are drugs used to treat mental health conditions, to incarcerated individuals who refuse them, but only within designated mental health infirmaries in state correctional facilities. It outlines that such medication can only be given without consent in emergencies when there's an immediate danger, or in non-emergency situations if a treating practitioner determines the individual has a mental disorder, cannot function in general population, is a danger to themselves or others, is unable to give informed consent due to their mental disorder, and less restrictive treatments have failed. Crucially, before involuntary medication can be administered in a non-emergency, a Medication Review Committee, composed of psychiatrists and a non-physician mental health professional, must convene. This committee, with the assistance of an impartial "lay advisor" who helps the incarcerated individual understand the process, will review the individual's medical records, consult with the individual and their treatment team, and assess the necessity and risks of the medication. The incarcerated individual has rights throughout this process, including attending the meeting (except during deliberations), presenting information, and asking questions. If the committee approves the medication, the decision is documented and provided to the individual, who then has the right to request an administrative hearing and further appeal the decision. Approvals for involuntary medication administration are limited to 90 days and require periodic review.

Justice

Judicial Proceedings (Senate)

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0196?ys=2026RS