Title
Appoint the County Counsel, or their designee, to a panel pursuant to Welfare & Institutions Code section 5334, to review and approve attorneys for inclusion on a list from which the Superior Court may appoint hearing officers to conduct medical capacity hearings relating to involuntarily detained individuals.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Appoint the County Counsel, or their designee, to a panel pursuant to Welfare & Institutions Code section 5334, to review and approve attorneys for inclusion on a list from which the Superior Court may appoint hearing officers to conduct medical capacity hearings relating to involuntarily detained individuals.
SUMMARY/DISCUSSION:
California Welfare & Institutions Code sections 5332 and 5334 provide a mechanism by which hearings are to be conducted to determine whether certain involuntarily detained patients possess sufficient capacity to refuse the administration of antipsychotic medication. Pursuant to section 5334, such hearings are to be conducted by either a Superior Court judge, or by a "court-appointed commissioner or referee, or a court-appointed hearing officer." If the hearing is to be conducted by anyone other than a Superior Court judge, the hearing officer/commissioner/referee is to be selected from a pre-approved attorney list. To be included on the pre-approved attorney list, an individual must first be unanimously approved by a panel consisting of: (i) the local mental health director; (ii) the Public Defender; and, (iii) either the County Counsel or District Attorney (to be selected by the Board of Supervisors). The purpose of this Board Report is to seek the appointment of either the County Counsel or District Attorney to this panel. Panel activity is rarely required and is typically conducted via email. The time commitment is anticipated to be minimal.
After consultation between the County Counsel and the District Attorney, the Office of the County ...
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