HI HB1088

Authorizes the Department of Public Safety to order involuntary medical treatment for inmates and detainees who refuse treatment if a court finds they pose danger to self or others, treatment is medically appropriate, and it is essential to prevent harm.

Establishes a petition process where the department director files a court petition with supporting affidavits from licensed physicians or psychologists examining the inmate within two days prior to filing.

Requires the court to hold a hearing within ten days of petition filing, with notice to the inmate, family members, attorney, and public defender, and allows the inmate to waive the hearing by voluntarily agreeing to treatment.

At the hearing, at least one physician or psychologist must testify in person unless waived, and the court must find by clear and convincing evidence that criteria are met before issuing an order authorizing involuntary medical treatment for up to one year.

Amends Chapter 802 to entitle indigent inmates and detainees who are subjects of involuntary medical treatment petitions under Chapter 353 to be represented by a public defender.

Effective July 1, 2011.