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.