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Control Number: <br />401.06.03.067 <br />Version: <br />2.1 <br />Title: <br />Involuntary Medication and <br />Treatment <br />Page Number: <br />8 of 17 <br /> <br />24 Hours Prior to Involuntary Medication Hearing: Offender’s Right to Refuse <br />Treatment <br />For a period of 24 hours prior to the involuntary medication hearing, the offender shall <br />not be subject to any medication for the ‘mental disorder’ (see section 7) for which non- <br />emergency involuntary medication is proposed. <br />Note: An offender receiving emergency involuntary medication shall have the right to <br />refuse medication during the same 24-hour period. <br />Involuntary Medication Hearing Officer Appointment <br />An involuntary medication hearing shall be facilitated and presided over by an <br />involuntary medication hearing officer. <br />In consultation with the Deputy Attorneys General (DAGs) who represent the IDOC, the <br />chief of the Operations Division (or designee) shall appoint an involuntary medication <br />hearing officer. <br />The involuntary medication hearing officer shall not have been involved in the treatment <br />of the offender for whom the involuntary medication hearing is being held for. <br />Involuntary Medication Hearing Officer Responsibilities (Pre-involuntary Medication <br />Hearing) <br />The involuntary medication hearing officer’s duties shall include, but not be limited to, the <br />following: <br />• Prior to serving the Notice of Involuntary Medication Hearing on the offender, <br />assigning a staff hearing assistant to assist the offender in the hearing and/or <br />appeal process; <br />• Arranging for an interpreter or translation service if the offender does not speak <br />English; <br />• Ensuring that an involuntary medication hearing record is kept (see section 9); <br />and <br />• Ensuring the involuntary medication hearing record (see section 9) and a Notice <br />of the Right to Appeal (see section 10) are delivered together to the offender. <br />Staff Hearing Assistant Appointment and Responsibilities <br />In consultation with the DAGs who represent the IDOC, the involuntary medication <br />hearing officer shall appoint a staff hearing assistant. <br />The staff hearing assistant must be an IDOC physician’s assistant, nurse practitioner, or <br />registered nurse who has not been directly involved in the offender’s treatment or <br />diagnosis. <br />The staff hearing assistant shall be responsible for assisting the offender with <br />understanding the medical and psychiatric issues involved in the involuntary medication <br />hearing process, and obtaining witness statements, other documents, or evidence. <br />If the offender is excluded from the involuntary medication hearing process, chooses not <br />to participate, or is unable to participate due to the severity of his ‘mental disorder’ (see