People v. S.G. CA2/6

FACTS

In 1993, S. G. was found not guilty of attempted murder by reason of insanity. Pursuant to that finding he was confined to the Department of State Hospitals (DSH). (Pen. Code, §§ 1026, 2962.) His commitment has been extended yearly since then. (Id., § 2972.) Since his incarceration in 1993, he has been involuntarily treated with psychotropic medications. In 2014, S. G. asked the trial court presiding over DSH's petition to extend his commitment to enjoin DSH from treating him with psychotropic medications against his will. The trial court denied the request without a hearing. We granted S. G.'s petition for habeas corpus. We held S. G. is entitled to a hearing in the trial court to determine whether he is incompetent to refuse treatment or dangerous within the meaning of Welfare and Institutions Code section 5300. (In re Greenshields (2014) 227 Cal.App.4th 1284.) At the hearing Hadley Osran, M.D., senior psychiatrist at DSH, testified since September 2014 he attempted to interview S. G. monthly. But S. G. refused to be interviewed. Osran reviewed S. G.'s records going back to 1993 and spoke with other psychiatrists who treated him. Osran said S. G. suffers…