In re Greenshields

Persons committed for mental health treatment under the Lanterman-Petris-Short Act (LPS patients) (Welf. & Inst. Code, § 5000 et seq.) have a statutory and constitutional right to refuse antipsychotic medication under certain circumstances. So do persons committed for treatment under the Mentally Disordered Offenders Act (MDO’s) (Pen. Code, § 2960 et seq.). (In re Qawi (2004) 32 Cal.4th 1 [ 7 Cal.Rptr.3d 780 , 81 P.3d 224 ].)

In In re Calhoun (2004) 121 Cal.App.4th 1315 [ 18 Cal.Rptr.3d 315 ], we held that equal protection principles give persons committed for treatment under the Sexually Violent Predators Act (SVP’s) (Welf. & Inst. Code, § 6600 et seq.) the same right to refuse similar treatment as MDO’s.

Here we decide that persons who are found not guilty by reason of insanity (NGI’s) have the same constitutional right as MDO’s and SVP’s to refuse antipsychotic medication. (Welf. & Inst. Code, § 5300.) We disapprove our opinion in In re Locks (2000) 79 Cal.App.4th 890 [ 94 Cal.Rptr.2d 495 ], which holds otherwise.

Petitioner Sean Alen Greenshields was found not guilty by reason of insanity (NGI) and committed to a state hospital. We issue an order for a writ of…