§ 15A-1010.  (Effective December 1, 2026) Compelled medication for capacity restoration generally prohibited; limited conditions when court may order compelled medication of certain defendants charged with serious felony offenses.

(a) Except as authorized under subsection (b) of this section, a defendant found incapable to proceed to trial may not be compelled to take any medication for the purpose of gaining or maintaining capacity.

(b) Upon the State's motion or upon the court's own motion, the court may order compelled medication of an uncooperative defendant for purposes of gaining or maintaining capacity to proceed if the court affirmatively finds by clear and convincing evidence all of the following, in writing, based on the particular circumstances presented and specific to the defendant in question:

(1) The defendant is charged with a serious offense against the person or property, and there are no apparent special circumstances which lessen the importance of the government's interest in bringing the defendant to trial.

(2) The proposed treatment is reasonable and appropriate for the mental health condition of the defendant and its proposed use is consistent with accepted medical standards.

(3) The proposed treatment will not cause an unnecessary risk to the defendant's physical or mental health.

(4) The proposed treatment is necessary insofar as it is substantially likely to render the defendant competent for trial and less intrusive means would not further this interest.

(5) The proposed treatment is substantially unlikely to have side effects that undermine the fairness of the defendant's trial.

(c) The administration of any treatment ordered pursuant to this section must be at the direction and under the supervision of a licensed medical professional. However, the proposed course of treatment shall be reviewed and authorized by the court prior to implementation, and the court may impose any other conditions necessary to protect the rights of the defendant and to ensure the safety of others, not inconsistent with accepted medical standards.

(d) The court's treatment order may provide for multiple alternative courses of treatment in the discretion of the licensed medical professional treating the defendant, so long as each such alternative course of treatment is reviewed by the court and found to meet the requirements of subsection (b) of this section.

(e) The court may review and amend previous compelled medication orders upon motion of the district attorney, the defendant's attorney, the court's own motion, or upon notice by the treatment provider to the clerk that a change in the approved course or alternative courses of treatment is warranted.

(f) This section does not preclude medical treatment of persons involuntarily committed as authorized under Chapter 122C of the General Statutes or medical treatment authorized under any other provision of law.

(g) Treatment ordered pursuant to this section is subject to G.S. 15A-1001(e).  (2026-38, s. 13(i).)