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Name: In re Calhoun
Case #: B159949
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/31/2004
Subsequent History: 9/20/04 Rhg. den.
Summary

A sexually violent predator (SVP) can be compelled to take antipsychotic medication in a nonemergency situation only if a court, at the time the SVP is committed or recommitted, or in a separate proceeding, either finds that the SVP is incompetent or incapable of making decisions about his medical treatment, or that the SVP is dangerous within the meaning of section 5300. The rights of an SVP to refuse medication can also be limited by DMH regulations necessary to provide security for inpatient facilities. Otherwise SVPs have the same right to refuse antipsychotic drugs as do MDOs, under the Supreme Court’s ruling in In re Qawi.