California Penal Code Section 1370 - Interpretation

In California, section 1370 governs the involuntary administration of antipsychotic medication to criminal defendants found mentally incompetent. Section 1370 authorizes the involuntary administration of antipsychotic medication in three circumstances. ( 1370, subd. (a)(2)(B)(ii).) The first circumstance is when "the defendant lacks capacity to make decisions regarding antipsychotic medication, the defendant's mental disorder requires medical treatment with antipsychotic medication, and, if the defendant's mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the patient will result." ( 1370, subd. (a)(2)(B)(i)(I).) The second circumstance is when "the defendant is a danger to others, in that the defendant has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in his or her being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others." ( 1370, subd. (a)(2)(B)(i)(II).) The third circumstance is when "the people have charged the defendant with a serious crime against the person or property, involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial, the medication is unlikely to have side effects that interfere with the defendant's ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner, less intrusive treatments are unlikely to have substantially the same results, and antipsychotic medication is in the patient's best medical interest in light of his or her medical condition." ( 1370, subd. (a)(2)(B)(i)(III).) A court many not order the involuntary administration of antipsychotic medication in the third circumstance, unless it has found neither the first nor the second circumstance apply. ( 1370, subd. (a)(2)(B)(ii).)