What is the test for determining whether a defendant lacks capacity to make decisions regarding the administration of psychotropic medication?

California, United States of America


The following excerpt is from People v. Hebert, A142067 (Cal. App. 2015):

2. That provision authorizes a court to "hear and determine" whether "[t]he defendant lacks capacity to make decisions regarding the administration of psychotropic medication"; specifically to "hear and determine whether . . . [t]he defendant is a danger to others, in that the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in his or her being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others. Demonstrated danger may be based on an assessment of the defendant's present mental condition, including a consideration of past behavior of the defendant within six years prior to the time the defendant last attempted to inflict, inflicted, or threatened to inflict substantial physical harm on another, and other relevant evidence."

3. Anders v. California (1967) 386 U.S. 738.

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