Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 11 of 17 adequately understand the proceedings, or (b) the staff hearing assistant can adequately represent the offender’s wishes at the hearing; • Verify that the IMHC members have reviewed the Involuntary Medication Report, the tentative diagnosis, and the offender’s healthcare record and/or mental health record. Presentation of Evidence During the presentation of evidence, IMHC members may question any witness or the offender. The IDOC The IDOC may present evidence through testimony, witnesses, or by records or documents. Evidence of the need for non-emergency involuntary treatment, the treatment proposed, the likelihood of the proposed treatment’s success, its benefits and risks, and why less restrictive alternatives did not or will not work shall be presented by the treating psychiatrist. The offender may examine the evidence and cross-examine the IDOC’s witnesses. The Offender The offender may present evidence, through testimony, witnesses, or by records or documents. The offender shall have the opportunity to state his preference as to non- emergency involuntary treatment options. The IDOC may examine the evidence and cross examine the offender’s witnesses. In the event the offender is not present, has been removed or excluded, or is unable to understand the hearing proceedings due to the severity of his ‘mental disorder’ (see section 7), the staff hearing assistant may present and examine evidence, testify, and cross-examine IDOC witnesses for the offender. Inclusion or Exclusion of Evidence Testimony from remote locations, including telephonic or videoconference testimony, may be allowed at the discretion of the involuntary medication hearing officer. Written witness statements provided by the offender may be considered upon a showing of good cause why the witness could not personally appear. The involuntary medication hearing officer may allow, limit, or exclude evidence and the cross-examination of witnesses. Reasons for limiting or excluding evidence include, but are not limited to: relevance and/or security considerations. When the involuntary medication hearing officer limits or excludes evidence or the cross- examination of witnesses, the reasons for doing so shall be reflected in the involuntary medication hearing record. The involuntary medication hearing officer shall ensure that the involuntary medication hearing record reflects all witnesses giving testimony and all exhibits are entered into the record.