Current through August 26, 2024
The purpose of this section is to provide a process for
imposing a condition of supervision that requires compliance with prescribed
psychotropic medications.
(1)
PSYCHOTROPIC MEDICATION AS A CONDITION OF SUPERVISION. Psychotropic medication
may be made a condition of supervision only when one of the following applies:
(a) Following commitment proceedings during
which the offender has been found not competent to refuse psychotropic
medication.
(b) With the consent of
a guardian who is able to authorize treatment of the offender with psychotropic
medication.
(c) Following a
department hearing under this section, approving a condition requiring the
offender's compliance with prescribed psychotropic medication.
(d) When the offender waives a department
psychotropic medication hearing under this section.
(e) When ordered by a court of law.
(2) CRITERIA FOR REQUESTING A
HEARING. An agent shall request approval for a hearing from a regional chief to
determine the need for requiring psychotropic medication as a condition of
supervision when all of the following apply:
(a) The use of psychotropic medication is
medically indicated.
(b) The
offender refuses to take psychotropic medication.
(c) The offender does not waive the
hearing.
(3) NOTICE OF
HEARING. The offender shall receive written notice of the hearing at least 24
hours in advance. The notice shall include all of the following:
(a) The basis for the allegations that use of
psychotropic medication is medically indicated and necessary.
(b) The date, time, place, and purpose of the
hearing.
(c) The right to be
represented by an advocate.
(d) The
right to be heard and present evidence and relevant witnesses.
(e) The right to cross-examine department
witnesses.
(f) The right to a
written decision within 10 working days of the hearing, including the reason
for the decision.
(4)
ACCESS TO DEPARTMENTAL OFFENDER HEALTH CARE RECORDS. Department employees
directly involved in the decision regarding psychotropic medication as a
condition of supervision shall have access to the minimum necessary amount of
protected health care information to enable them to make an informed decision
relating to whether compliance with psychotropic medications should be required
as a condition of supervision.
(5)
PSYCHOTROPIC MEDICATION HEARING. When an offender does not waive the hearing
and refuses to take prescribed psychotropic medication, the department shall
hold a hearing. The hearing may be conducted in person or by telephone.
(a) The department has the burden of proof to
establish, by a preponderance of the evidence, that treatment with psychotropic
medication is medically indicated and necessary to accomplish the goals of
supervision.
(b) The hearing
examiner is not bound by common law or statutory rules of evidence other than
attorney-client privilege. The hearing examiner shall admit all evidence,
including testimony, which has reasonable probative value and is not unduly
repetitious or cumulative.
(c) The
hearing examiner shall do all of the following:
1. Administer oaths or
affirmations.
2. Take an active
role in questioning witnesses and eliciting testimony as necessary.
3. Regulate the course of the
hearing.
4. Keep summary notes of
the hearing.
5. Render a written
decision whether to impose a condition of supervision requiring compliance with
prescribed psychotropic medication upon a finding that psychotropic medication
is medically indicated and necessary to accomplish the goals of
supervision.
(6) APPEAL OF DECISION. The offender may
appeal a decision ordering compliance with prescribed psychotropic medication
to the secretary within 10 days of the written decision. The decision of the
hearing examiner shall remain in effect while the appeal is pending.
(7) ANNUAL REVIEW. A hearing examiner shall
review the decision ordering compliance with prescribed psychotropic medication
on an annual basis.
(a) A different hearing
examiner from the examiner who made the original determination may perform the
annual review.
(b) The hearing
examiner under par. (a) shall give the offender notice of the date of the
annual review, what evidence is being considered, and the offender's right to
respond.
(c) The hearing examiner
may continue the order requiring compliance with prescribed psychotropic
medication if evidence since the time of the last review shows that
psychotropic medication is medically indicated and necessary to accomplish the
goals of supervision.
