Bill No.: HB0020                  Drafter:  JHR

 

LSO No.:  09LSO-0068              Effective Date:  7/1/2009

 

Enrolled Act No.:  HEA0014

 

Chapter No.:       32

 

Prime Sponsor:     Select Committee on Mental Health and Substance Abuse Services

 

Catch Title:       Criminal procedure-administration of antipsychotic drugs.

 

Subject:  Provides standards for the involuntary administration of antipsychotic drugs to a mentally ill person accused of a serious crime.

 

 

Summary/Major Elements:

 

·         The Wyoming State Hospital often keeps mentally ill persons accused of a serious crime for extended periods of time because the accused person refuses to take antipsychotic medications that could render the person fit to stand trial.

·         This bill authorizes a court to order the involuntary administration of antipsychotic medications to render an accused competent to stand trial if the court makes specified findings, including the administration of the medication:

·         Will further the governmental interests of bringing the accused to trail for a timely prosecution and to assure a fair trial;

·         Will substantially improve the likelihood that the accused will be competent to stand trial;

·         Will be substantially unlikely to interfere with the accused's ability to assist counsel in conducting a defense at trial;

·         May be as good, or better than, alternative and less intrusive treatments to achieve substantially the same results.

·         The bill also requires that the antipsychotic drugs be administered pursuant to a prescription from a licensed psychiatrist and the medications be medically appropriate and in the best interests of the accused in light of his medical condition.