About Department of State Hospitals Case Type
We conduct AB366 hearings under Penal Code section 1370 authorizing the administration of involuntary anti-psychotic medication to individuals confined within the jurisdiction of Department of State Hospitals (DSH).
The DSH case types are handled directly within the OAH Sacramento office. Pro Tempore ALJs are appointed by the Director of OAH to hear these cases in state hospital facilities.
The AB366 program consists of 5 state hospitals and the Department of State Hospitals (DSH). As of July 1, 2012, AB366 changed the way state hospitals involuntarily medicate patients. Department of State Hospitals is required by Penal Code section 1370 to seek a court order authorizing the administration of involuntary anti-psychotic medication to individuals confined within the institutions of the DSH who, as a result of mental disorder, are a danger to others or to themselves and incompetent to refuse medication. These hearings are called AB 366 hearings as a result of Assembly Bill 366. AB 366, statutes of 2011, chapter 654.
A court is authorized to determine if the defendant lacks capacity to make decisions regarding antipsychotic medication before seeking consent from the defendant for those medications. When, under specified conditions and in the opinion of the treating psychiatrist, involuntary administration of antipsychotic medication becomes medically necessary, that medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of certifying that involuntary antipsychotic medication has become medically necessary and appropriate, an administrative law judge conducts a hearing and reviews the treating psychiatrist’s determination to administer the medication and concurs in that determination. The defendant shall be represented at the hearing by an attorney or patients’ rights advocate. The attorney or patients’ rights advocate shall be appointed to meet with the defendant no later than one day prior to the medication review hearing to review the defendant’s rights at the medication review hearing, discuss the process, answer questions or concerns regarding involuntary medication or the hearing, assist the defendant in preparing for the hearing and advocating for his or her interests at the hearing, review the panel’s final determination following the hearing, advise the defendant of his or her right to judicial review of the panel’s decision, and provide the defendant with referral information for legal advice on the subject.
If the administrative law judge concurs in the treating psychiatrist’s certification, anti-psychotic medication would be authorized to continue to be administered for the 21-day certification period. If the administrative law judge disagrees with the certification, the medication would not be administered until a court so ordered. The treating psychiatrist shall file a copy of the certification and a petition with the court for issuance of an order to administer anti-psychotic medication beyond the 21-day certification period, as specified, and would waive fees for the filing of the petition or other document or paper related to the petition.
How can I become a Pro Tem for this Program?
PRO TEM ADMINISTRATIVE LAW JUDGES AND PATIENT COUNSEL QUALIFICATIONS
Qualifications for Pro Tem Administrative Law Judges
We contract with pro tempore judges to hear these cases in prison facilities. For more information, click on the below Qualifications for Pro Tem Administrative Law Judge. OAH is currently seeking new contracts at this time.
The Office of Administrative Hearings contracts with attorneys to serve as Pro Tem Administrative Law Judges for hearings regarding the authorization for involuntary administration of psychotropic medication by the California Department of State Hospitals (DSH) to individuals confined within its institutions. These hearings are called AB 366 hearings as a result of Assembly Bill 366, statutes of 2011, chapter 654.
Contractor shall be paid a flat fee of $250 per case/ assigned OAH number heard. Contractors are not paid per appearance, but per OAH case number. Multiple appearances for a single OAH case number will not result in additional payment. If contractor appears at an institution for a single scheduled OAH case number/ hearing s/he shall receive $500 for that appearance. Travel and per diem expenses are not reimbursed.
Desired Qualifications
- Practicing attorney for at least five years
- Close proximity to surrounding hospital facilities or willingness to travel to surrounding hospital facilities
- Experience in Riese, conservatorship, guardianship and capacity hearings
- Experience in criminal defense or patient advocacy
- Experience in conducting administrative hearings
- Knowledge of Assembly Bill 366 (Allen, 2011), effective July 1, 2012
- Knowledge of Lanterman-Petris-Short Act (Wel. & Inst. Code, division 5, § 5000, et seq.)
- Knowledge of Penal Code sections 1368, 1370 and 2974; Welfare and Institutions Code section 5008 and 5300 et seq.; California Code of Regulations, title 9, division 1, sections 1100 et seq.; and Government Code section 11500, et seq.
How Do I Apply?
Send in a letter describing your qualifications relevant to the AB 366 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 Administrative Law Judges at the facilities requested.
If applicant passes first level of review, applicant will be required to complete the Department of State Hospitals 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 adjudicatory impartiality of his or her duties.
If Department of State Hospitals provides clearance on the applicant and there are no conflicts of interest, applicant’s name will be placed on the AB 366 Pro Tem Administrative Law Judges list and cases will be offered and assigned on a rotational basis.
Qualifications for Pro Tem Patient Counsel
We contract with attorneys to represent inmates and wards in hearings for hearings. For more information, click on the below Qualifications for Patient Counsel. OAH is currently seeking new contracts at this time.
The Office of Administrative Hearings contracts with attorneys to serve as Pro Tem Patient Counsel representing patients in hearings regarding the authorization for involuntary administration of psychotropic medication by the California Department of State Hospitals (DSH) to individuals confined within its institutions. These hearings are called AB 366 hearings as a result of Assembly Bill 366, statutes of 2011, chapter 654.
Contractor’s rates are $150 per case if the case is withdrawn/ cancelled prior to the hearing date and $250 per case if the case goes to hearing. Contractors are not paid per appearance, but per OAH case number. Multiple appearances for a single OAH case number will not result in additional payment. If contractor appears at an institution for a single scheduled OAH case number/ hearing s/he shall receive $500 for that appearance. Travel and per diem expenses are not reimbursed.
Desired Qualifications
- Practicing attorney for a minimum of three years
- Close proximity to surrounding hospital facilities or willingness to travel to surrounding hospital facilities
- Experience in Riese, conservatorship, guardianship and capacity hearings
- Experience in criminal defense or patient advocacy
- Experience in conducting administrative hearings
- Knowledge of Assembly Bill 366 (Allen, 2011), effective July 1, 2012
- Knowledge of Lanterman-Petris-Short Act (Wel. & Inst. Code, division 5, § 5000, et seq.)
- Knowledge of Penal Code sections 1368, 1370 and 2974; Welfare and Institutions Code section 5008 and 5300 et seq.; California Code of Regulations, title 9, division 1, sections 1100 et seq.; and Government Code section 11500, et seq.
How Do I Apply?
Send in a letter describing your qualifications relevant to the AB 366 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 is currently a need for additional Patient Counsel at the facilities requested.
If applicant passes first level of review, applicant will be required to complete the Department of State Hospitals 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 Department of State Hospitals provides clearance of the applicant and there are no conflicts of interest, applicant’s name will be placed on the AB 366 Pro Tem Patient Counsel list and cases will be offered and assigned on a rotational basis.
Program Coordinator Contact Information
Applications should be mailed to AB 366 Program Coordinator at the following address:
Nicole Srinivasan, Staff Counsel
Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, California 95833
(916) 263-0550
If you have any questions about the AB 366 Program, please contact Nicole Srinivasan at: Nicole.Srinivasan@dgs.ca.gov.
For additional resources about Department of State Hospitals case type, click the Resources button below.
For questions about this program Contact:
Sacramento OAH Office
(916) 263-0550