In re Robert S.

Summary

The Illinois Supreme Court reviewed an order authorizing the involuntary administration of psychotropic medication to Robert S., a pretrial detainee found unfit to stand trial. The case concerns the constitutional application of Illinois Mental Health and Developmental Disabilities Code section 2-107.1, the qualifications of an independent examiner under section 3-804, and notice to the detainee’s criminal defense attorney. The opinion also addresses mootness and the public-interest exception, and distinguishes medication sought for treatment or dangerousness from medication sought solely to restore competency under Sell v. United States.

Holdings

1. The Sell criteria do not govern when involuntary medication is sought under section 2-107.1 for treatment, dangerousness, suffering, or deterioration rather than solely to restore competency. The section 2-107.1 criteria apply to pretrial detainees found unfit to stand trial in the same manner as to other persons in need of treatment.
2. Due process requires an independent examination by a medical professional qualified to prescribe psychotropic medication and evaluate its beneficial and harmful effects, ordinarily a psychiatrist or physician. An unlicensed psychology intern was not qualified to provide the meaningful independent medical review required in this proceeding.
3. Section 2-107.1(a-5)(1) requires notice of the involuntary-medication proceeding to the respondent's criminal defense attorney when the respondent is represented by counsel in a pending criminal proceeding.
4. Although the 90-day medication order had expired and the appeal was moot, the court could decide the issues under the public-interest exception to mootness.

Questions Presented

1. Whether the Sell criteria govern involuntary medication of a pretrial detainee found unfit to stand trial when medication is sought for treatment, dangerousness, or the detainee's welfare rather than solely to restore competency.
2. Whether due process requires the independent examination for an involuntary psychotropic-medication proceeding to be performed by a psychiatrist or other medical professional qualified to evaluate medications and their risks.
3. Whether section 2-107.1(a-5)(1) requires notice of the involuntary-medication proceeding to the respondent's criminal defense attorney.
4. Whether section 2-107.1 applies to pretrial detainees found unfit to stand trial.

Disposition

reversed