Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 9 of 17 section 7), the staff hearing assistant shall attend the hearing for the offender (having the same rights as the offender) and represent the offender’s wishes as best as possible. Prior to the involuntary medication hearing, the staff hearing assistant shall meet with the offender and explain to him the following: • The contents of the Notice of Involuntary Medication Hearing; • The stated reason for the hearing; • The medication being recommended, its expected result, and the likely outcome without benefit of the medication; • The reason the offender is being offered staff assistance; • The hearing process and the offender’s right to attend the hearing; • The offender’s right to challenge the recommended medications; • The offender’s rights to speak at the hearing, to present witnesses and documentary evidence, and to cross-examine witnesses; • The offender’s right to an interpreter or translation service, if one is required; and • The offender’s right to appeal the IMHC’s decision to the facility head. Prior to the involuntary medication hearing, the staff hearing assistant shall determine whether the offender requires an interpreter or translation service. If so, the staff hearing assistant shall immediately inform the involuntary medication hearing officer. If translation services are required but unavailable, the hearing should be delayed until such services are available. Notice of Involuntary Medication Hearing No later than 24 hours prior to the scheduled involuntary medication hearing, the offender shall be served with a Notice of Involuntary Medication Hearing. As designated by the involuntary medication hearing officer, service may be performed by the staff hearing assistant, a facility security staff member, or a clinician. The person performing service shall execute a Return of Service and deliver it to the involuntary medication hearing officer prior to the hearing. The Notice of Involuntary Medication Hearing shall include: • The date and time of the hearing; • The reason for the hearing; • The factual basis for the offender’s tentative diagnosis (from the current DSM) and the data that supports it; and • The evidence (see section 9) to be presented at the hearing that will be used to establish whether the offender meets the criteria for non-emergency involuntary medication. (The IDOC’s evidence will include why staff believes non-emergency involuntary medication is necessary. The reasons why shall also be stated in the Notice of Involuntary Medication Hearing.)