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Compulsory Psychotropic Medication in the California State Prison System
Bill A Davies1, George H Loeffler2
1Office of Legal Affairs, California Department of Corrections and Rehabilitation, Elk Grove, California, USA.
Summary
California
Area of Science:
- Legal Studies
- Medical Ethics
- Public Health Policy
Background:
- The U.S. Supreme Court in Washington v. Harper mandated administrative review for compulsory antipsychotic medication.
- California's historical context includes 'civil death' (1850) and the Keyhea injunction (1986).
- Previous legal frameworks proved insufficient, necessitating new legislation.
Purpose of the Study:
- To trace the historical evolution of legal processes for administering antipsychotic medication in California prisons.
- To analyze California Penal Code section 2602 (PC2602) from legal-administrative and clinical viewpoints.
- To contextualize PC2602 within the framework established by Washington v. Harper.
Main Methods:
- Historical legal analysis tracing key court cases and legislation.
- Examination of California Penal Code section 2602.
- Review of legal-administrative and clinical perspectives on the current process.
Main Results:
- California's PC2602 establishes a judicial review process for both emergent and nonemergent antipsychotic medication.
- This process evolved from historical precedents including 'civil death' and the Keyhea injunction.
- PC2602 represents a legislative response to address deficiencies in prior due process models.
Conclusions:
- PC2602 provides a judicial review framework for compulsory antipsychotic medication in California prisons.
- The law balances constitutional due process requirements with clinical and administrative needs.
- Understanding the historical trajectory is crucial for evaluating the current legal landscape of mental health treatment in corrections.
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