S.B. 1308 Summary

• Authorizes the Department of Public Safety to obtain court orders requiring involuntary medical treatment for inmates and detainees who refuse treatment when they pose danger to self or others.

• Establishes three criteria for involuntary treatment: subject poses actual danger of physical harm, treatment is medically appropriate, and treatment is essential after considering less intrusive alternatives.

• Creates a judicial petition process requiring examination by a licensed physician or psychologist within two days of filing, with hearings held within ten days unless good cause for delay is shown.

• Grants subjects the right to legal representation (through public defender if indigent), independent medical evaluation at their own expense, and the ability to waive hearings if they voluntarily agree to treatment.

• Authorizes courts to issue involuntary treatment orders for up to one year and permits courts to appoint guardians or conservators as determined necessary.