Department of Corrections and Rehabilitation, Keyhea Hearings
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 Penal Code section 2602 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. This process was formerly subject to Keyhea v Rushen, 178 Cal.App.3d 526, 223 Cal.Rptr. 746 (March 1986, review denied July 1986).
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. Decisions are generally submitted to the parties in final form at the conclusion of the hearing.