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Name: In re Calhoun
Case #: B159949
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/29/2003
Subsequent History: none

Petitioners in this habeas proceeding were found to be sexually violent predators (SVPs) and committed to the Department of Mental Health. They were confined at Atascadero State Hospital (ASH). Their habeas petition alleged that ASH personnel involuntarily medicated them with psychotropic drugs in 1997-1999 for disciplinary purposes and to induce them to take other medications which they had refused. The appellate court here rejected the contentions, holding that in the absence of an emergency, medical personal at ASH may involuntarily treat competent SVPs with psychotropic drugs if the treatment is in their medical interest. Here, the medication was administered to treat petitioners’ mental disorders and mitigate the danger they posed to themselves and others.