Relating to the authority of a judge to compel a criminal defendant who lacks capacity to take psychoactive medication. 

Under current law, after a hearing a court may issue an order authorizing the administration of psychoactive medications in certain circumstances. SB 733 seeks to clarify a disputed portion of the law governing the circumstances under which a person may be compelled to take psychoactive medications.

This power of the state to compel individuals to take medications is a power that should not be taken lightly, and if this power is not properly constrained it could be harmful to individual liberty and limited government. However, depending on the facts of the case it could be necessary for certain criminal individuals to be compelled to take medications. While we approach this bill with caution it does not, in our view, substantively increase the government's ability to compel a person to take psychoactive medication. This bill simply clarifies a disputed provision in the law. For these reasons we are neutral on SB 773.