Can a court order an order for involuntary administration of antipsychotic medications under section 1370 of the California Penal Code?

The court may not base an order on Penal Code section 1370, subdivision (a)(2)(B)(i)(III), unless the court has first found the other two clauses inapplicable. The trial court here never made such a finding of inapplicability, and did not purport to make the order for involuntary administration of antipsychotic medications in reliance on subdivision (a)(2)(B)(i)(III). The People concede that the trial court "did not find that forcible medication was necessary to render [defendant] competent to stand trial under Penal Code section 1370, [subdivision] (a)(2)(B)(i)(III), or Sell v. United States, supra [539 U.S. 166, [156 L.Ed.2d 197, 123 S.Ct. 2174]]. . . . Because the trial court did not find, and was not required to find that medication was required under subdivision (a)(2)(B)(i)(III), [the People do] not suggest that involuntary medication was warranted under this provision."

Accordingly, we do not address the requirements of a finding under Penal Code section 1370, subdivision (a)(2)(B)(i)(III).

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" 'The importance of the defendant's liberty interest, the powerful and permanent effects of anti-psychotic medications, and the strong possibility that a defendant's trial will be adversely affected by the drug's side-effects all counsel in favor of ensuring that an involuntary medication order is issued only after both sides have had a fair opportunity to present their case and develop a complete and reliable record.' [Citation.]" (Carter v. Superior Court, supra, 141 Cal.App.4th 992, 1005.) That standard was not met in this case. We agree with defendant that the evidence was insufficient to support the order for involuntary administration of antipsychotic medications under Penal Code section 1370, subdivisions (a)(2)(B)(i)(I) and (a)(2)(B)(i)(II). Any order for involuntary administration of antipsychotic medications should be based only upon competent factual evidence. The order authorizing involuntary administration of antipsychotic medications is reversed.