2.__Hearing prior to medication.__A person who is to be involuntarily medicated pursuant to this section must be provided, before being medicated, an impartial hearing at which the person has the rights described in this subsection.__The commissioner shall adopt rules to implement this subsection.__ These rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.

A.__The person is entitled to be informed in writing at least 24 hours before the hearing of the specific factual basis for the diagnosis of the mental illness and for the belief that the person poses a likelihood of serious harm and of the treatment benefits of the medication proposed.

B.__The person is entitled to be present at the hearing, except that the person may be prevented from attending or be removed if the person's behavior indicates that the person is in danger of self-injury or is a danger to other persons or property.

C.__The person is entitled to present evidence on the person's behalf.

D.__The person is entitled to call one or more witnesses, which right may not be unreasonably withheld or restricted.

E.__The person is entitled to question any witness that testifies at the hearing, which right may not be unreasonably withheld or restricted.

F.__The person is entitled to be represented by counsel substitute.

G.__The person is entitled to appeal the decision within 24 hours, before being involuntarily medicated, to the chief administrative officer of the facility.__A decision by the chief administrative officer must be made within 24 hours of the appeal.

3.__Periodic review.__Involuntary medication of the person may continue only with periodic reviews consisting of a 2nd impartial hearing conforming with the requirements of subsection

2 to take place within 10 working days of the first hearing and of subsequent impartial hearings conforming with the requirements of subsection 2 to take place a minimum of once every 6 months.

4.__Record.__The department must maintain a record of all hearings and decisions under this section.

5.__Effect on medication by consent.__This section does not preclude giving medication for the mental illness when either the person or the person's legal guardian, if any, consents to the medication.

SUMMARY

This bill sets out the criteria and procedures for involuntary medication of mentally ill persons and persons suffering from the effects of the use of drugs or other substances residing in Department of Corrections facilities. It conforms with the requirements set out by the United States Supreme Court in Washington v. Harper, 494 U.S. 210 (1990).