NCJ Number
103358
Journal
New England Journal on Prison Law Volume: 8 Issue: 1 Dated: (1982) Pages: 1-38
Date Published
1982
Length
38 pages
Annotation
This article explores the legal and procedural issues raised in Liles v. Ward, which concerns inmates' rights when correctional staff administer psychotropic drugs to modify the behavior of inmates not diagnosed as mentally ill.
Abstract
In 1976, several women were transferred from the segregation unit of New York State's Bedford Hills Correctional Facility to the Matteawan State Hospital, where the women, who had not been diagnosed as in need of psychiatric care, were administered psychotropic drugs to produce behavior that would help maintain peace and tranquility on the ward. (This intent was acknowledged by staff.) Liles v. Ward, a suit brought by the inmates involved, focused on the extent to which the plaintiffs' privacy rights were violated by the administration of the drugs without the inmates' consent. The issue was addressed in Rogers v. Okin (1980) and Rennie v. Klein (1978), in which Federal courts held that the constitutional right of privacy protects the dignity and autonomy of State mental patients in withholding consent to the administration of psychotropic drugs. Both courts also held that due process must be accorded before such patients are forcibly medicated. There are only a limited number of circumstances that would justify the use of tranquilizing drugs to control inmate behavior. Such a practice should not be permitted without procedural protections for the inmate. This article suggests such procedures. 139 footnotes.