The Sell factors

"The United States Supreme Court has held that 'an individual has a "significant" constitutionally protected "liberty interest" in "avoiding the unwanted administration of antipsychotic drugs." ' To override that interest for the purpose of restoring a criminal defendant to competency to stand trial, due process requires the trial court to determine four factors: 'First, a court must find that important governmental interests are at stake.' 'Second, the court must conclude that involuntary medication will significantly further those concomitant state interests. It must find that administration of the drugs is substantially likely to render the defendant competent to stand trial. At the same time, it must find that administration of the drugs is substantially unlikely to have side effects that will interfere significantly with the defendant's ability to assist counsel in conducting a trial defense ... . ' 'Third, the court must conclude that involuntary medication is necessary to further those interests. The court must find that any alternative, less intrusive treatments are unlikely to achieve substantially the same results. ...' 'Fourth, ... the court must conclude that administration of the drugs is medically appropriate, i.e., in the patient's best medical interest in light of his medical condition.'" (People v. Christiana (2010) 190 Cal.App.4th 1040, 1049, quoting Sell v. United States (2003) 539 U.S. 166, 178, 180-181 (Sell).) Penal Code Section 1370, which authorizes involuntary treatment in California, "essentially tracks the Sell factors. ( 1370, subd. (a)(2)(B(i)(III)); .) Under section 1370, ... the trial court may authorize 'the treatment facility to involuntarily administer antipsychotic medication to the defendant when and as prescribed by the defendant's treating psychiatrist,' if the court determines that '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)(ii), (i)(III).)" (Christiana, supra, 190 Cal.App.4th at pp. 1049-1050.) We review an order authorizing involuntary treatment under section 1370 for substantial evidence. (Christiana, pp. 1049-1050.) The second Sell factor, as incorporated in section 1370, subdivision (a)(2)(B)(i)(III), requires the court to find that "involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial ... ." The fourth Sell factor as incorporated in section 1370, subdivision (a)(2)(B)(i)(III), requires the court to find that "antipsychotic medication is in the patient's best medical interest in light of his or her medical condition."