In Re Calhoun

Jesse J. Calhoun and Robert T. Simmons, petitioners in this habeas corpus proceeding, were found to be sexually violent predators (SVP’s) pursuant to California's Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) They were committed to the State Department of Mental Health (Department) for appropriate treatment. They have been confined in Atascadero State Hospital (ASH). In 1997-1999, ASH personnel involuntarily medicated them with antipsychotic drugs, also known as psychotropic drugs. Petitioners contend that, in the absence of an emergency, competent SVP’s may not be involuntarily medicated with antipsychotic drugs. Petitioners also contend that they were involuntarily administered antipsychotic drugs for disciplinary purposes and to induce them to take other medications that they had refused.

In light of our Supreme Court’s recent opinion in In re Qawi (2004) 32 Cal.4th 1 [ 7 Cal.Rptr.3d 780 , 81 P.3d 224 ], we must conclude that SVP’s have the same right to refuse antipsychotic drugs as mentally disordered offenders (MDO’s) under the Mentally Disordered Offender Act (MDO Act). (Pen. Code, § 2960 et seq.) Accordingly, we hold that “an [SVP]…