S.M.
People ex rel. Cal. Dep't of State Hosps. v. S.M.
Opinion
Lead Opinion
Yegan, J.
*456 In 2014 S.M was adjudicated a Mentally Disordered Offender (MDO) and committed for treatment to the Department of State Hospitals (the Department). (See Pen. Code, § 2960 et seq. ) 1 He appeals from an order that he "be involuntarily administered antipsychotic medication by the Department ... in the dosage and for the frequency deemed necessary by the Department," not to exceed a period of one year. The order was made because appellant lacks the capacity to refuse medical treatment with antipsychotic drugs. (See In re Qawi (2004) 32 Cal.4th 1 , 27, 7 Cal.Rptr.3d 780 , 81 P.3d 224 [in nonemergency situations, "an MDO can be compelled to be treated with antipsychotic medication" only if "(1) he is determined by a court to be incompetent to refuse medical treatment; [or] (2) the MDO is determined by a court to be a danger to others within the meaning of Welfare and Institutions Code section 5300"].)
The involuntary medication order is due to expire on July 20, 2019. It is a renewal of a prior order that expired in 2018. In an unpublished opinion, we affirmed the prior order. ( People v. S.M., 2018 WL 1870542 (April 19, 2018, B282195) [nonpub. opn.].)