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ACT NO. 114

(S.103)

Mental Health; Involuntary Medication

This act establishes a judicial procedure to determine if a civilly committed mental health patient or an imprisoned felon should be ordered to receive involuntary medication. The act states that it renders the consent judgment in JL v. Miller no longer applicable.

The commissioner of developmental and mental health services may file a petition in family court for involuntary medication of the following persons if they refuse to accept psychiatric medication:

(1) Persons who are in the custody of the commissioner and who are subject to a 90 day order of hospitalization or a one-year order for continued treatment.

(2) Persons who have previously received treatment under an order of hospitalization and are currently under an order of nonhospitalization.

(3) Convicted felons who are in a designated correctional facility.

In a hearing on the petition, the commissioner has the burden of proof by clear and convincing evidence. The court may order involuntary medication if it finds that the person is incompetent to make a decision regarding medication and that the benefits of medication outweigh the risks. The court shall take into consideration any valid durable power of attorney executed by the person. An order for involuntary medication is effective for 90 days, unless the court finds that an order is necessary for a longer period of time. However, the order cannot be longer than the current commitment order.

Effective Date: July 1, 1998