Senate Bill 18-263 Summary

• Creates a pilot program in the Department of Human Services allowing licensed psychiatrists to petition district courts (sitting as probate court) for authority to administer psychiatric medications to jail inmates against their objection, with a maximum of 5 jails authorized to participate.

• Court approval for involuntary medications limited to three-month periods (renewable for additional three-month periods) and requires petition to include findings that the respondent lacks competency to refuse treatment, medications are necessary to prevent deterioration and reduce harm, less invasive alternatives are unavailable, and the need for medication overrides the respondent's interests in refusing treatment.

• Participating jails must meet minimum criteria including: 24-hour access to a treating psychiatrist, memorandum of agreement with nearest accredited hospital, ability to transfer care to approved mental health agencies with appointments made within 72 hours of release, and daily monitoring of medicated respondents by qualified mental health professionals.

• Department required to maintain confidential documentation on all medications administered, adverse effects, respondent demographics, and charge information; must report on program safety and effectiveness by December 31, 2021 to specified legislative committees.

• Pilot program automatically repeals September 1, 2022; Department must promulgate rules by August 1, 2018 governing minimum memorandum of agreement contents, health care oversight requirements, and disciplinary actions for non-compliance.