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.