Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 12 of 17 IMHC Deliberation When the presentation of evidence is complete, the involuntary medication hearing officer will allow the IMHC to deliberate on whether the offender meets the criteria for being administered non-emergency involuntary medication. Note: During deliberation, all personnel present (except for the IMHC members and the DAG who represents the IDOC) must leave the room, no additional evidence may be presented, and the facility head-designated staff member shall not take written minutes or a transcription (if the hearing is being electronically recorded). However, the IMHC will be allowed to consult with the DAG who represents the IDOC. IMHC Responsibilities The IMHC shall be responsible for rendering a decision based on the following: • The Involuntary Medication Report; • All evidence presented at the involuntary medication hearing; • The offender’s healthcare record and/or and mental health record; and • The offender’s stated preference for non-emergency involuntary treatment. Note: The chair of the IMHC shall preside over their deliberations and summarize the IMHC’s findings and evidence relied upon to reach a decision. Involuntary Medication Hearing Officer Responsibilities (Post-IMHC Deliberations) When the IMHC has concluded its deliberations and recorded its decision, it shall inform the involuntary medication hearing officer and the offender shall be allowed to return to the hearing proceedings. The involuntary medication hearing officer shall inquire of the chair of the IMHC as to the evidence relied upon to reach their decision. Following inquiry as to the evidence considered, the involuntary medication hearing officer shall inquire of the chair of the IMHC as to whether their decision was unanimous. If their decision was unanimous, the chair of the IMHC shall speak to the decision made and that decision and the reason for the decision reflected in the involuntary medication hearing record. If the decision was not unanimous, the involuntary medication hearing officer shall poll each IMHC member as to their individual findings so that their findings can be reflected in the involuntary medication hearing record. Based on whether the decision was unanimous or not, the involuntary medication hearing officer shall inquire to the chair of the IMHC or each IMHC member as to whether they believe the evidence established that: • The offender suffers from a ‘mental disorder’ (see section 7) and is gravely disabled; and/or • The offender suffers from a mental disorder and poses a likelihood of causing serious harm to himself, others, or their property.