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Penal Code section 5054 vests "the responsibility for the care, custody, treatment, training, discipline and employment of persons confined" in the California Department of Corrections and Rehabilitation (CDCR). CDCR is required by Keyhea v Rushen, 178 Cal.App.3d 526, 223 Cal.Rptr. 746 (March 1986, review denied July 1986), to seek a court order authorizing the administration of long term involuntary antipsychotic medication to individuals confined within the jurisdiction of the CDCR who, as a result of mental disorder, are a danger to others or to themselves or are gravely disabled and incompetent to refuse medication. Penal Code section 2600 requires that the judicial hearing mandated in this injunction be conducted by an administrative law judge (ALJ). These requirements are also extended to the California Youth Authority
The Office of Administrative Hearings (OAH) contracts with pro tem ALJs appointed by the Director of OAH to hear these cases in prison facilities. OAH also contracts with attorneys to represent the inmates in these hearings.
The hearings are conducted pursuant to the Keyhea Injunction - MS Word (order granting plaintiffs' motion for clarification and modification of injunction and permanent injunction, filed Oct. 31, 1986, In the matter of Keyhea v. Rushen, Superior Court of Solano County, No. 67432, William E. Jensen, Judge). Decisions are generally submitted to the parties in final form at the conclusion of the hearing.
Other Keyhea Cases of Interest:
- CALIFORNIA DEPARTMENT OF CORRECTIONS, Plaintiff and Appellant, v. OFFICE OF ADMINISTRATIVE HEARINGS, Defendant and Respondent; DONALD ANTHONY, Real Party in Interest and Appellant. No., B101761, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 1997 Cal. App. LEXIS 202 (March 20, 1997, Filed). 53 Cal.App.4th 780, 61 Cal.Rptr.2d 903.
- DEPARTMENT OF CORRECTIONS, Plaintiff and Appellant, v. OFFICE OF ADMINISTRATIVE HEARINGS, Defendant and Respondent, CHESTER HOLMES, Real Party In Interest and Respondent. No. A080697 (Solano County Super. Ct. No. L008986), COURT OF APPEAL OF THE STATE OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR (September 23, 1998, Filed). 66 Cal.App.4th 1100; 78 Cal.Rptr.2d 473.
Keyhea Contract Attorneys
The Office of Administrative Hearings is looking for attorneys to represent inmates and wards in Keyhea hearings. Click here for more information.
Keyhea Pro Tem Judges (High Desert State Prison)
The Office of Administrative Hearings is looking for pro tempore judges for Keyhea hearings at High Desert State Prison in Susanville, Lassen County, California. Click here for more information.
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