NCJ Number
86978
Journal
New England Journal of Prison Law Volume: 8 Issue: 1 Dated: (Winter 1982) Pages: 1-38
Date Published
1982
Length
38 pages
Annotation
The New York case of Liles v. Ward is the focus of this article, which examines whether psychotropic drugs may be legitimately used to control criminally incarcerated persons to effect behavioral change in persons not diagnosed as mentally ill.
Abstract
The plaintiffs in the Liles v. Ward case were subjected to a regimen of psychotropic drug administration and a semblance of a behavior modification program. None of the plaintiffs were ever diagnosed as mentally ill or in need of psychiatric care. Since the issues surrounding the abuse of drugs by the staff in this case were never litigated, this article refers to depositions and other documents obtained in the discovery proceedings. Other cases (Rennie v. Klein and Rogers v. Okin) make clear that the involuntary injection of psychotropic drugs, especially those producing long-range permanent and harmful side effects constitutes an intrusion upon bodily integrity implicating constitutional privacy protections as well as other constitutional rights. Secondly, detailed procedures are required to ensure that if the patient consents to drug administration that consent is informed, and if State agents decide to override the patient's informed withholding of consent, that decision is subject to review by a neutral decisionmaker. When drugs are administered to inmates for purposes other than treatment of properly diagnosed psychotic disorders, the following principles should be applied: (1) any involuntary procedure should be the least restrictive; (2) absent emergency circumstances which threaten the health or safety of the inmate, other persons, or the institution, the prior informed written consent of the person should be required; (3) if the inmate's conduct presents an immediate threat of physical harm, drugs may be administered intramuscularly without consent, using only the minimum force necessary; and (4) all drugs should be administered by medical personnel under the supervision of a qualified physician familiar with the proper uses and all effects of the drugs. A total of 140 notes are provided.