California Penal Code

§ 2603.5

PEN § 2603.5 Effective Jan 1, 2026Title 1 · Part 3 · Ch. 3 · Art. 1

Statute text

(a)Notwithstanding Section 2603, if an individual has been found incompetent to stand trial after having been charged with a misdemeanor offense, as described in Section 1370.01, and is confined in the county jail, antipsychotic medication may be administered without their prior informed consent only in the following circumstances:

(1)An emergency, as defined by either subdivision (m) of Section 5008 of the Welfare and Institutions Code or subdivision (d) of Section 2603 of the Penal Code.

(A)In the case of an emergency, antipsychotic medication may, despite the individual’s objection, be administered before a capacity hearing if the medication is necessary to address the emergency condition and is administered in the least restrictive manner, only for the duration of the emergency, and in no case for more than 72 hours, except as provided by subparagraph (B).

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Legislative history

Added by Stats. 2025, Ch. 330, Sec. 1. (SB 820) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.