About California Department of Corrections and Rehabilitation Case Types
California Department of Corrections and Rehabilitation Programs
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 from an ALJ 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 governed by the injunction in Keyhea v Rushen, 178 Cal.App.3d 526, 223 Cal.Rptr. 746 (March 1986, review denied July 1986). These cases are conducted by Pro Tem Administrative Law Judges contracted with OAH. Inmates are assigned counsel for these proceedings from a panel of independent contractors.
How can I become a Pro Tem for this Program?
PRO TEM ADMINISTRATIVE LAW JUDGES AND INMATE COUNSEL QUALIFICATIONS
Qualification for Pro Tem Administrative Law Judges
We contract with pro tempore judges to hear these cases in prison facilities. Below are the Qualifications for Pro Tem Administrative Law Judge and the application process. OAH is currently not seeking any new contracts at this time.
The Office of Administrative Hearings contracts with attorneys to serve as Pro Tempore Administrative Law Judges (ALJs) for hearings regarding the authorization for involuntary administration of psychotropic medication by the California Department of Corrections and Rehabilitation (CDCR) ) to individuals confined within its institutions. These hearings were formerly referred to as Keyhea Hearings, after the injunction in Keyhea v. Rushen (1986) 178 Cal.App.3d 526. They currently are called PC 2602 hearings, after California Penal Code section 2602.
The contract provides for reimbursement at the flat rate of $250 per case if the case goes to hearing. Counsel shall receive a minimum of $500 when appearing at a facility for a single scheduled hearing. Travel expenses or per diem are not reimbursed.
Desired Qualifications
- Practicing attorney for a minimum of five years.
- Active membership in the California State Bar.
- Close proximity to surrounding prison facilities or willingness to travel to surrounding prison facilities.
- Experience in Keyhea, Riese, conservatorship, guardianship and capacity hearings.
- Experience in criminal defense or patient advocacy.Experience in presiding over administrative or judicial hearings.
- Knowledge of Penal Code sections 2602, 5054 and 5058; California Code of Regulations, title 15, article 9, sections 3350.2 through 3369; and Government Code section 11500 et seq.
- Knowledge of Lanterman-Petris-Short Act (Wel. & Inst. Code, division 5, § 5000, et seq.) and Keyhea v. Rushen 178 Cal.App.3d 526.
- Knowledge to the extent applicable, the Administrative Adjudication portion of the Administrative Procedure Act contained in Chapters 4, 4.5, and 5 (commencing with Section 11370) of Part 1, Division 3, Title 2 of the Government Code.
How Do I Apply?
Send in a letter describing your qualifications relevant to the PC 2602 hearings and a resume.
Specify the institutions you are able to serve.
Send a list of references, including name, title, address, telephone number and/or email address of three attorneys or judges that are familiar with your work.
Processing of Applications
Applications will be reviewed to determine if the applicant meets the desired qualifications and if there currently is a need for additional Pro Tem ALJs at the facilities requested.
If applicant passes first level of review, applicant will be required to complete the CDCR security clearance form and submit a Form 700 (Statement of Economic Interest) disclosing potential conflicts of interest, if any. The Form 700 is required by Government Code section 87302 and California Code of Regulations, title 2, section 18701.Further, it is OAH’s policy to ensure that the applicants with whom it contracts are free from any conflicts or interest that may bear upon the impartiality of his or her duties.
If CDCR provides clearance on the applicant and there are no conflicts of interest, applicant’s name will be placed on the PC 2602 panel of ALJs and cases will be assigned on a rotational basis.
Note that this is for occasional, not full-time work. Work under this program is not guaranteed. OAH will assign cases as operational needs dictate.
Qualifications for Inmate Counsels
We contract with attorneys to represent inmates and wards in hearings for hearings. For more information, click on the below Qualifications for Inmate Counsel. OAH is currently not seeking any new contracts at this time.
The Office of Administrative Hearings contracts with attorneys to serve as counsel representing inmates in hearings regarding the authorization for involuntary administration of psychotropic medication by the California Department of Corrections and Rehabilitation (CDCR) ) to individuals confined within its institutions. These hearings were formerly referred to as Keyhea Hearings, after the injunction in Keyhea v. Rushen (1986) 178 Cal.App.3d 526. They currently are called PC 2602 hearings, after California Penal Code section 2602.
The contract provides for reimbursement at the flat rate of $250 per case if the case goes to hearing. Counsel shall receive a minimum of $500 when appearing at a facility for a single scheduled hearing. Travel expenses or per diem are not reimbursed.
Desired Qualifications
- Practicing attorney for a minimum of five years.
- Active membership in the California State Bar.
- Close proximity to surrounding prison facilities or willingness to travel to surrounding prison facilities.
- Experience in Keyhea, Riese, conservatorship, guardianship and capacity hearings.
- Experience in criminal defense or patient advocacy.
- Experience in administrative hearings.
- Knowledge of Penal Code sections 2602, 5054 and 5058; California Code of Regulations, title 15, article 9, sections 3350.2 through 3369; and Government Code section 11500 et seq.
- Knowledge of Lanterman-Petris-Short Act (Wel. & Inst. Code, division 5, § 5000, et seq.) and Keyhea v. Rushen 178 Cal.App.3d 526.
- Knowledge to the extent applicable, the Administrative Adjudication portion of the Administrative Procedure Act contained in Chapters 4, 4.5, and 5 (commencing with Section 11370) of Part 1, Division 3, Title 2 of the Government Code.
How Do I Apply?
Send in a letter describing your qualifications relevant to the PC 2602 hearings and a resume.
Specify the institutions you are able to serve.
Send a list of references, including name, title, address, telephone number and/or email address of three attorneys or judges that are familiar with your work.
Processing of Applications
Applications will be reviewed to determine if the applicant meets the desired qualifications and if there currently is a need for additional inmate counsel at the facilities requested.
If applicant passes first level of review, applicant will be required to complete the CDCR security clearance form and submit a Form 700 (Statement of Economic Interest) disclosing potential conflicts of interest, if any. The Form 700 is required by Government Code section 87302 and California Code of Regulations, title 2, section 18701.Further, it is OAH’s policy to ensure that the applicants with whom it contracts are free from any conflicts or interest that may bear upon the impartiality of his or her duties.
If CDCR provides clearance on the applicant and there are no conflicts of interest, applicant’s name will be placed on the PC 2602 Counsel panel of attorneys and cases will be assigned on a rotational basis.
Note that this is for occasional, not full-time work. Work under this program is not guaranteed. OAH will assign cases as operational needs dictate.
Program Coordinator Contact Information
Applications should be mailed to PC 2602 Program Coordinator at the following address:
Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, California 95833
If you have questions about the PC 2602 Program, you may call (916) 263-0550.
For additional resources about California Department of Corrections and Rehabilitation case type, click the Resources button below.
For questions about this program Contact:
Sacramento OAH Office
(916) 263-0550