in Interest of R.C

Outcome

Excerpt

R.C. was committed to the Colorado Mental Health Institute at Pueblo (CMHIP) after being found incompetent to proceed in a criminal case. A CMHIP staff psychiatrist diagnosed R.C. with bipolar disorder mania with psychosis and treated him with Zyprexa. Following R.C.'s assault of a CMHIP staff member, the People filed a petition seeking a court order authorizing the involuntary administration of six other drugs. At the hearing, the staff psychiatrist testified that R.C. was voluntarily taking Zyprexa but he might refuse to continue taking it. The district court granted the petition. On appeal, R.C. argued that insufficient evidence supported the order. An order for involuntary medication administration must be supported by clear and convincing evidence of the four elements set forth in People v. Medina, 705 P.2d 961, 973 (Colo. 1985). R.C. contended that the third element of the test, that no less intrusive treatment alternative was available, was not met. He argued that he was voluntarily taking Zyprexa at the time of the hearing, which clearly showed a less intrusive option was available. Here, the psychiatrist's testimony established that continued administration of Zyprexa is a less intrusive treatment alternative than administration of the six medications. Therefore, the record does not support the district court's determination of the third Medina factor. The order was reversed.