HomeMy WebLinkAboutMINUTES - 01141992 - 1.58 TO: BOARD OF SUPERVISORS - Contra
FROM: Costa
Phil Batchelor, County Administrator =
County
DATE: Y �
Januar 3 1992
SUBJECT: Indemnification and Legal Defense for Hearing Officers
Conducting Riese Hearings
SPECIFIC REQUESTS)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION: Effective January 2, 1992, approve
and authorize Contra Costa County to provide indemnification and
legal defense to Hearing Officers appointed by the Superior Court
pursuant to Welfare and Institutions Code section 5334 (c) to
conduct "Riese hearings" at Merrithew Memorial Hospital, C .P.C.
Walnut Creek Hospital, East Bay Hospital, and any other facility
in Contra Costa County that provides treatment to persons subject
to detention pursuant to Welfare and Institutions Code sections
5150, 5250, 5260, and 5270 . 15, for acts and omissions within the
course and scope of the hearing officers , judicial appointments ,
to the same extent indemnification and legal defense are provided
to county officers and employees pursuant to and in accordance
with the California Tort Claims Act (Gov. Code § § 810 - 996 . 6 ) .
II . REASONS FOR RECOMMENDATION/BACKGROUND: "Riese
hearings" are legally required in order to determine the
competence of an involuntarily detained mental patient who has
refused to take his or her anti-psychotic medication, in that
said medication may not be involuntarily administered except in
an emergency. Prior to January 1, 1992, Riese hearings were
conducted by Superior Court judges .
Effective January 1 , 1992, new legislation requires that all
Riese hearings be conducted at the facility where the patient is
being treated, but also authorizes the Superior Court to appoint
hearing officers from a pre-approved list of attorneys to conduct
the Riese hearings . The attorneys on the listare pre-approved
by the unanimous agreement of the Mental Health Director, the
Public Defender, and the County Counsel . (Welf . & Inst. C. §
5334 . ) The Riese hearing officers will be conducting these
CONTINUED ON ATTACHMENT: _LYES SIGNATURE: IL�t�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON — JAN 14 1 y APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ► AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: ✓ OF SUPERVISORS ON THE DATE SHOWN.
CC: Justice System Programs ATTESTED JAN 14 1992
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Superior Court SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services
I . - i�
BY ,DEPUTY
M382 88)
-2-
II . (continued)
hearings for mentally ill patients who have been involuntarily
detained pursuant to Welfare and Institutions Code sections 5150,
5250, 5260, and 5270 . 15 and who have refused to take their
prescribed anti-psychotic medication which the treating physician
has determined the patient needs . The Riese hearings allow the
facility to administer the necessary anti-psychotic medication to
those patients who are found to be incompetent to give or refuse
consent . In that sense, the Riese hearings officers are
performing health and welfare services for which the County may
provide legal defense and indemnification in the event a hearing
officer is sued for acts or omissions which occurred within the
course and scope of the hearing officer' s judicial appointment.
(Gov. Code §. 26227 . )
The County's indemnification and legal defense of Riese
hearing officers is desirable and necessary to ensure that an
adequate panel of hearing officers is obtained and maintained.
cc: County Administrator
County Counsel
Superior Court
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