California Court of Appeal

Persons who are found not guilty by reason of insanity have the same constitutional right as mentally disordered offenders and sexually violent predators to refuse antipsychotic medication, unless a trial court determines they are: 1) incompetent to refuse the treatment, or 2) a danger to others within the meaning of Welf. & Inst. Code section 5300. An order for writ of habeas corpus is therefore issued, where petitioner is entitled to a hearing to determine whether he may be forcibly medicated.

Appellate Information

• Decided 07/14/2014
• Published 07/14/2014

Judges

• GILBERT

Court

• California Court of Appeal

Counsel