28 CFR 549.46 - Procedures for involuntary administration of psychiatric medication

Cite as28 CFR 549.46
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17 practice notes
  • United States v. Loughner, Nos. 11–10339
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 5, 2012
    ...While he was in custody, the facility determined that Loughner was a danger to himself or others and conducted hearings pursuant to 28 C.F.R. § 549.46(a), referred to as Harper hearings, to determine if he could be involuntarily medicated. See Washington v. Harper, 494 U.S. 210, 110 S.Ct. 1......
  • Ferch v. Jett, Case No. 14-cv-1961 (SRN/TNL)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • January 28, 2016
    ...in Section 7." (Program Statement 6010.03 § 6.) See 28 C.F.R. § 549.45(c) (requiring certain administrative procedures set forth in 28 C.F.R. § 549.46 before medication may be involuntarily administered). The relevant portions of Program Statement 6010.03 essentially mirror the requirements......
  • Johnson v. Md. Dep't of Health, No. 71, Sept. Term, 2019
    • United States
    • Court of Special Appeals of Maryland
    • August 24, 2020
    ...the involuntary administration of psychiatric medication for the sole purpose of restoring a person's competency to stand trial." 28 C.F.R. § 549.46(b)(2). Although BOP certainly was permitted to change its regulation, Mr. Johnson cites no authority for the proposition that it was required ......
  • State v. Lopes, Nos. CC 120833467
    • United States
    • Supreme Court of Oregon
    • March 20, 2014
    ...of restoring a person's competency to stand trial.” Psychiatric Evaluation and Treatment, 76 Fed Reg 40229–02 (July 8, 2011); see also28 CFR § 549.46. 4.See, e.g., California, Cal. Penal Code § 1370(a)(2)(B)(ii), (a)(2)(B)(i)(III) (tracking Sell factors and requiring court order to involunt......
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19 cases
  • United States v. Loughner, s. 11–10339
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 5, 2012
    ...While he was in custody, the facility determined that Loughner was a danger to himself or others and conducted hearings pursuant to 28 C.F.R. § 549.46(a), referred to as Harper hearings, to determine if he could be involuntarily medicated. See Washington v. Harper, 494 U.S. 210, 110 S.Ct. 1......
  • Ferch v. Jett, Case No. 14-cv-1961 (SRN/TNL)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • January 28, 2016
    ...in Section 7." (Program Statement 6010.03 § 6.) See 28 C.F.R. § 549.45(c) (requiring certain administrative procedures set forth in 28 C.F.R. § 549.46 before medication may be involuntarily administered). The relevant portions of Program Statement 6010.03 essentially mirror the requirements......
  • Johnson v. Md. Dep't of Health, 71, Sept. Term, 2019
    • United States
    • Court of Special Appeals of Maryland
    • August 24, 2020
    ...the involuntary administration of psychiatric medication for the sole purpose of restoring a person's competency to stand trial." 28 C.F.R. § 549.46(b)(2). Although BOP certainly was permitted to change its regulation, Mr. Johnson cites no authority for the proposition that it was required ......
  • State v. Lopes, s. CC 120833467
    • United States
    • Supreme Court of Oregon
    • March 20, 2014
    ...of restoring a person's competency to stand trial.” Psychiatric Evaluation and Treatment, 76 Fed Reg 40229–02 (July 8, 2011); see also28 CFR § 549.46. 4.See, e.g., California, Cal. Penal Code § 1370(a)(2)(B)(ii), (a)(2)(B)(i)(III) (tracking Sell factors and requiring court order to involunt......
  • Request a trial to view additional results

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