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~° ~: BtJARD OF SUPERVISOR
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COUNTY OF BUTTE, STATE OF CALIFORNIA
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•~j~ (;DU~j'~~*•• Resolution No. 98-163
RESOLU`T'ION APPOINTING PANEL TO SELECT CAPACI`T'Y HEARING OFFICERS
G~~HEREAS, residents of this County are, from time to time, held
voluntarily and involuntarily in an inpatient Psychiatric Health Facility
operated by the Butte County Department of Behavioral Health; and
V~~1lEREAS, there is a reed from time to time for physicians and staff
at the Psychiatric Health Facility to administer anti-psychotic medications
to those persons, even when those persons are not willing to agree to take
those medications; and
Lh~HEREAS, LtiTelfare and Institutions Code Section 5332-5336 provides a
basis by which the Butte County Department of Behavioral Health may
administer anti-psychotic medications to individuals refusing to take those
medications after a hearing procedure to have the person declared not
competent to refuse the medication, said hearing being referred to as a
"capacity hearing;" and
U,1I-IEREAS, Welfare and Institutions Code Section 5334(c) specifies that,
in addition to the hearings being conducted by a Superior Court Judge, they
may be conducted by a hearing officer appointed by the Superior Court from
a list of attorneys unanimously approved by a panel composed of the local
Mental Health Director, the County Public Defender, and the County Counsel
or District Attorney, as designated by the County Board of Supervisors;
NOG~~, THEREFORE, BE IT RESOLVED, that the Butte County Board of
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Supervisors hereby appoints the Director of the Butte County Department of
Behavioral Health, or said Director`s designee, the Butte County Indigent
Defense Services Executive Director or said Executive Director's designee
who is also a signator to an Indigent Defense Services Contract, and the
Butte County Counsel, or said Counsel's designee, as the panel to select
a list of attorneys/commissioners to conduct "capacity hearings" pursuant
to Welfare and Institutions Code Section 5332 through Section 5336.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, on the 10 th day of November
1998 by the following votes:
AYES: Supervisors F3eeler, Dolan, Houx, Josiassen and Chair Davis
NOES : None
ABSENT : None r"
NOT VOTING : None / f//,'~
~`~~ED DAMS, Chair
Butte County Board of Supervisors
ATTES'T'ED
~7OFIN BLACKLOCK
Chief Administrative Officer
and the Clerk of the Board
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