(a) Notwithstanding Section 2603, if an individual has been found incompetent to stand trial after having been charged with a misdemeanor offense, as described in Section 1370.01, and is confined in the county jail, antipsychotic medication may be administered without their prior informed consent only in the following circumstances: (1) An emergency, as defined by either subdivision (m) of Section 5008 of the Welfare and Institutions Code or subdivision (d) of Section 2603 of the Penal Code. (A) In the case of an emergency, antipsychotic medication may, despite the individualâs objection, be administered before a capacity hearing if the medication is necessary to address the emergency condition and is administered in the least restrictive manner, only for the duration of the emergency, and in no case for more than 72 hours, except as provided by subparagraph (B). (B) If a psychiatrist determines that continued administration of antipsychotic medication is necessary beyond the initial 72 hours and the individual does not consent to take the medication voluntarily, the psychiatrist may petition the superior court in the county where the individual is confined to order continued treatment with antipsychotic medication. The petition and a written notice, as described in paragraph (1) of subdivision (b), shall be filed within the initial 72-hour period that the antipsychotic medication is administered and served on the individual and their counsel. (2) (A) Upon a courtâs determination that the individual is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, and that the individual does not have the capacity to consent to or refuse treatment with antipsychotic medication. The fact that an individual has temporary access to food, clothing, shelter, personal safety, and necessary medical care while incarcerated is not a basis to conclude that the individual is able to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, which shall be evaluated based upon the individualâs ability to provide for those needs while not incarcerated. The court shall consider opinions in the reports prepared pursuant to subdivision (b) of Section 1369, as applicable to the issue of whether the individual lacks the capacity to make decisions regarding the administration of antipsychotic medication, and shall proceed as follows: (i) The court shall conduct a hearing before a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer, as specified in subdivision (c) of Section 5334 of the Welfare and Institutions Code, to determine whether any of the following is true: (I) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the individual lacks the capacity to make decisions regarding antipsychotic medication, the individualâs mental disorder requires medical treatment with antipsychotic medication, and, if the individualâs mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the individual will result. Probability of serious harm to the physical or mental health of the individual requires evidence that the individual is presently suffering adverse effects to their physical or mental health, or the individual has previously suffered these effects as a result of a mental disorder and their condition is substantially deteriorating. The fact that an individual has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the individual. (II) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the individual is a danger to others, in that the individual has inflicted
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