Involuntary Treatment and Medication

Browse Search

Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 13 of 17 Note: The involuntary medication hearing officer shall also inquire to the chair of the IMHC whether or not the safeguards noted in section 7 were considered. The chair of the IMHC must be in the majority of members who were polled to be in favor of allowing the IDOC to administer non-emergency involuntary medication to the offender. The involuntary medication hearing officer shall ensure that the IMHC’s findings are reflected in the involuntary medication hearing record. If the IMHC’s findings support non-emergency involuntary treatment, the involuntary medication hearing officer shall inform the offender of his right to an appeal (see section 10). The involuntary medication hearing officer shall ensure that the involuntary medication hearing record be finalized and as soon as possible be transmitted (via email or fax) to the facility head, chief psychologist, medical director, and also provide the offender a hard copy of the record. The involuntary medication hearing officer may consult with a DAG who represents the IDOC at any time during the non-emergency involuntary medication hearing. Involuntary Medication Hearing Record The facility head (or designee) shall designate a facility staff member to (a) be present at the non-emergency involuntary medication hearing and (b) take written minutes or a transcription (if the hearing was electronically recorded). Note: During deliberation, the facility head-designated staff member shall not take written minutes or a transcription (if the hearing is being electronically recorded). At the conclusion of the non-emergency involuntary medication hearing, the facility head-designated staff member shall finalize the written minutes or transcription. The involuntary medication hearing record shall include, but not be limited to, the following: • Instructions by the involuntary medication hearing officer to those present; • The involuntary medication hearing officer’s verification that the offender received a Notice of Involuntary Medication Hearing, was advised of involuntary medication hearing procedure and of his rights, had access to a staff hearing assistant, and whether or not an interpreter was required; • Whether or not the offender refused to participate, was unable to participate in the non-emergency involuntary medication hearing due to the severity of his ‘mental disorder’ (see section 7), or was excluded or removed from the hearing, and if the latter, the grounds for excluding or removing the offender from the hearing; • Whether or not all evidence and witnesses, cross-examination, and evidentiary rulings were allowed; • The IMHC’s findings; • Whether or not the IMHC found in favor of allowing the IDOC to administer non- emergency involuntary medication to the offender; and