Coleman, et al v. Schwarzenegger, et al

Filing 3811

STIPULATION and ORDER 3810 signed by Senior Judge Lawrence K. Karlton on 2/25/2010 re: Modification of defendants' Short-Term Project for 150 Level III/IV Enhanced Outpatient Program sensitive needs yard beds at Substance Abuse Treatment Facility. (Marciel, M)

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EDMUND G. BROWN JR. Attorney General of California JONATHAN L. WOLFF Senior Assistant Attorney General DEBBIE J. VOROUS, State Bar No. 166884 SAMANTHA RAMSEY, State Bar No. 230862 Deputy Attorneys General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

RALPH COLEMAN, et al.,

2:90-cv-00520 LKK JFM P

Plaintiffs, STIPULATION AND ORDER RE: MODIFICATION v. OF DEFENDANTS' SHORT-TERM PROJECT FOR 150 LEVEL III/IV ENHANCED OUTPATIENT ARNOLD SCHWARZENEGGER, et al., PROGRAM SENSITIVE NEEDS YARD BEDS AT THE SUBSTANCE Defendants. ABUSE TREATMENT FACILITY

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Stipulation and [Proposed] Order Re: Modif. 150 Level III/IV EOP SNY Bed Proj. at SATF (2:90-cv-00520 LKK JFM P)

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Stipulation and [Proposed] Order Re: Modif. 150 Level III/IV EOP SNY Bed Proj. at SATF (2:90-cv-00520 LKK JFM P)

Acronym List Term CDCR EOP GP SATF SNY Definition California Department of Corrections and Rehabilitation Enhanced Outpatient Program General Population Substance Abuse Treatment Facility Sensitive Needs Yard

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On March 31, 2009, this Court ordered that Defendants develop and file concrete proposals to meet the short-term, intermediate, and long-range beds needs of the Coleman class members. (Docket No. 3556.) Defendants submitted their bed plan on May 26, 2009. (Docket No. 3592.) As one of their short-term bed projects, Defendants proposed to convert a 270-design housing unit on Facility E at the Substance Abuse Treatment Facility (SATF) to housing for 150 Level III/IV Enhanced Outpatient Program (EOP) Sensitive Needs Yard (SNY) inmates. (Id. at 10.) On December 4, 2009, Defendants informed the Court that they cannot timely activate this short-term project. (Docket No. 3736.) The parties have met and conferred regarding Defendants' 150 Level III/IV EOP SNY project, and it was agreed that Defendants replace this project with a project that will convert housing on Facility G at SATF to housing for up to 176 Level I/II EOP SNY inmates. Facility G, which consists of dormitory style housing, is divided into four housing pods with each pod containing 44 beds, for a total of 176 beds. Defendants expect to activate this 176-bed project in three phases, as follows: 1) Phase 1 - conversion of two 44-bed pods with an April 30, 2010 expected full occupancy date; 2) Phase 2 - conversion of one 44-bed pod with an August 30, 2010 expected full occupancy date; and 3) conversion of one 44-bed pod with a September 30, 2010 expected full occupancy date. Converting the 44-bed pod during Phase 2 and the 44-bed pod during Phase 3 is dependent upon clinical staff availability and inmate population needs. Should inmate population needs not support enough Level I/II EOP SNY beds to fill up the two 44-bed pods that the California Department of Corrections and Rehabilitation (CDCR) expects to convert during Phase 2 and/or Phase 3, CDCR will evaluate and, to the extent necessary and appropriate, house Level I/II EOP General Population (GP) inmates in one or both of those 44-bed pods. Therefore, the parties, by and through their counsel, stipulate that Defendants shall replace their short-term project for 150 Level III/IV EOP SNY beds at SATF with the above-described short-term project for 176 Level I/II EOP SNY beds at SATF. Further, the parties stipulate that should inmate population needs identified during Phase 2 and/or Phase 3 of the 176 Level I/II EOP SNY bed project not support enough Level I/II EOP SNY beds to fill up the two 44-bed pods that CDCR expects to convert during Phase 2 and/or Phase 3, CDCR may house Level I/II 3
Stipulation and [Proposed] Order Re: Modif. 150 Level III/IV EOP SNY Bed Proj. at SATF (2:90-cv-00520 LKK JFM P)

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EOP GP inmates in one or both of those 44-bed pods. Defendants will not need to return to the Court if this conversion is necessary; Defendants will only need to inform the Special Master and Plaintiffs' counsel. SO STIPULATED. Dated: February 24, 2010 By: /s/ Debbie J. Vorous_____________ Debbie J. Vorous Office of the Attorney General Attorneys for Defendants By: /s/ Jane Kahn_____________ Jane Kahn Rosen, Bien and Galvan Attorneys for Plaintiffs

Dated:

February 24, 2010

SO ORDERED The above stipulation is the Order of this Court. Dated: February 25, 2010

CF1997CS0003

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Stipulation and [Proposed] Order Re: Modif. 150 Level III/IV EOP SNY Bed Proj. at SATF (2:90-cv-00520 LKK JFM P)

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