Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 10 of 17 Involuntary Medication Hearing Committee (IMHC) Responsibilities The IMHC shall determine whether non-emergency involuntary medication is appropriate based on the evidence presented at the involuntary medication hearing. Note: No IMHC member shall at the time of the hearing be directly involved in the offender’s treatment or diagnosis for the disorder for which non-emergency involuntary medication is proposed. Prior to the involuntary medication hearing, the IMHC shall review the Involuntary Medication Report and the offender’s healthcare record. Offender’s Non-participation or Exclusion From the Involuntary Medication Hearing Process The offender may elect to not participate or may be unable to participate in the involuntary medication hearing process due to the severity of his ‘mental disorder’ (see section 7). In such cases, the chair of the IMHC may request to the involuntary medication hearing officer that (a) the staff hearing assistant act for the offender during the hearing, and (b) the reasons why the offender is unable to participate be noted in the involuntary medication hearing record (see section 9). An offender may be excluded or removed from the involuntary medication hearing for (a) safety or security reasons, or (b) if his behavior is so disruptive it is not possible to otherwise proceed with the hearing. The involuntary medication hearing officer will state for the involuntary medication hearing record (see section 9) the reasons why the offender has been excluded or removed. If the offender is excluded or removed from the involuntary medication hearing, (a) the hearing may proceed with the staff hearing assistant representing the offender’s wishes, or (b) the involuntary medication hearing officer may continue the hearing for no more than three (3) days. 9. Involuntary Medication Hearing Procedure Involuntary Medication Hearing Officer Responsibilities (Pre-IMHC Deliberations) The involuntary medication hearing officer shall: • Convene and preside over the involuntary medication hearing; • Determine whether translation services are necessary and available; • Verify that the offender, staff hearing assistant, interpreter (if necessary), all IMHC members, a DAG who represents the IDOC, and a person to create the involuntary medication hearing record are present; • Identify all personnel who are authorized to remain present for procedural, security, clinical, legal, or training purposes; • Inform those present of the rules and procedures that must be adhered to during the hearing, and exclude all non-essential personnel; • Verify that the offender received a Notice of Involuntary Medication Hearing at least 24 hours prior to the hearing; • Verify that the staff hearing assistant had the opportunity to consult with the offender prior to the hearing, and the offender understands his rights and (a) can