2019 COA 99
Colo. Ct. App.2019Background
- R.C. was committed to the Colorado Mental Health Institute at Pueblo after being found incompetent to proceed in a criminal case and was diagnosed with bipolar mania with psychosis.
- Following an assault on staff, the People petitioned for court authorization to involuntarily medicate R.C.
- At hearing, treating psychiatrist Dr. Lennart Abel testified R.C. had been taking Zyprexa voluntarily for ten days and had improved, but that R.C. had previously refused medication and might stop taking it in the future.
- The People did not request involuntary authorization for Zyprexa; instead they sought immediate authorization to involuntarily administer six other medications (Olanzapine, Haldol, Abilify, Lithium, Depakote, Clozapine).
- Dr. Abel conceded R.C. could be treated with Zyprexa “for the time being” and did not testify that the six medications were currently needed or more effective than Zyprexa.
- The district court authorized immediate involuntary administration of the six medications; the court of appeals reversed for failure to prove the lack of a less intrusive alternative under Medina.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary administration of six specified medications was the least intrusive treatment alternative under Medina | The People argued authorization was needed because R.C. might stop taking his current medication and might require other medications later | R.C. argued he was voluntarily taking Zyprexa, which had improved his condition and was a less intrusive and effective alternative now | Reversed: People failed to prove lack of a less intrusive alternative; continued use of Zyprexa was a less intrusive option and immediate authorization of the six drugs was unsupported |
Key Cases Cited
- People v. Medina, 705 P.2d 961 (Colo. 1985) (sets the four-factor test for involuntary administration of antipsychotic medication)
- People in Interest of R.K.L., 412 P.3d 827 (Colo. App. 2016) (speculation that different meds may be needed in the future is insufficient to justify involuntary administration now)
- People in Interest of Strodtman, 293 P.3d 123 (Colo. App. 2011) (discusses less intrusive alternative analysis under Medina)