J.W.

State Dep't of State Hosps. v. J.W.

Good Law
242 Cal. Rptr. 3d 596·31 Cal. App. 5th 334
Court of Appeal of CaliforniaDecember 19, 2018F077220California5,234 words

Opinion

Lead Opinion

Hill, J.

*337 Appellant J.W. appeals an order finding he lacks the capacity to refuse treatment and compelling him to undergo the involuntary administration of antipsychotic medication by respondent, State Department of State Hospitals, over the course of a year. His appeal raises questions about the authority of the state to pursue such orders under the Sexually Violent *338 Predators Act (SVPA), Welfare and Institutions Code section 6600 et seq., 1 when the individual in question has been held upon probable cause under the SVPA but has not been committed following a trial. Respondent contends such actions are authorized under the SVPA and its own regulations but, regardless, appellant's contentions are barred by several procedural flaws. For the reasons set forth below, we conclude the SVPA provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment. We therefore affirm the trial court's order.

FACTUAL AND PROCEDURAL BACKGROUND

From the available record, it appears that in April 2016 appellant was nearing the end of his term of incarceration following a conviction under Penal Code section 266i, subd.…

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