Weir

DISCUSSION

"[A]n individual has a 'significant' constitutionally protected 'liberty interest' in

'avoiding the unwanted administration of antipsychotic drugs.' " (Sell v. United States

All references are to the Penal Code unless otherwise specified. 2 (2003) 539 U.S. 166, 178 (Sell).) The interest is so fundamental that it may be overcome

only by "an 'essential' or 'overriding' state interest[.]" (Id., at pp. 178-179.) As outlined

in Sell, the government may involuntarily medicate a mentally ill criminal defendant to

render him competent to stand trial only if the court finds important governmental

interests are at stake; forced medication will significantly further the state interests in

timely prosecution and a fair trial; alternative, less intrusive treatments are unlikely to

achieve substantially the same results; and administration of the medication is medically

appropriate. (Id. at pp. 180-181.)

In 2004, the California Legislature amended section 1370 to comply with the

dictates of Sell. (People v. O'Dell (2005) 126 Cal.App.4th 562, 570; Pen. Code, § 1370,

as amended by Stats. 2004, ch. 486, § 2.) The…