Coleman, et al v. Schwarzenegger, et al

Filing 5305

STIPULATION and ORDER 5298 on Special Master's Report for CDCR's Implementation of Policies and Procedure on Rules Violation Reports signed by Judge Kimberly J. Mueller on 5/1/2015. (Attachments: # 1 Attached Text of Proposed Regulations - DRAFT) (Marciel, M)

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1 7 KAMALA D. HARRIS Attorney General of California PATRICK R. MCKINNEY Supervising Deputy Attorneys General ELISE OWENS THORN, State Bar No. 145931 CHRISTINE M. CICCOTTI, State Bar No. 238695 Deputy Attorneys General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-4025 Fax: (916) 324-5205 E-mail: 8 Attorneys for Defendants 2 3 4 5 6 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 RALPH COLEMAN, et al., 2:90-cv-00520 KJM DAD PC 14 15 16 17 18 Plaintiffs, STIPULATED RESPONSE AND ORDER ON THE SPECIAL MASTER’S REPORT v. ON CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION’S EDMUND G. BROWN JR., et al., IMPLEMENTATION OF POLICIES AND PROCEDURE ON RULES Defendants. VIOLATION REPORTS 19 20 21 22 23 24 25 26 27 On January 30, 2015, the Special Master filed his report, as required by this Court’s April 10, 2014 order, (ECF No. 5131) on the California Department of Corrections and Rehabilitation’s (CDCR) implementation of policies and procedures related to Rules Violation Reports (RVR). (ECF No. 5266.) The report included four recommendations. (Id. at 25-26.) The parties met-and-conferred with the Special Master’s team on February 19, February 27, March 12, March 17, March 23, April 1, and April 2, 2015, to discuss the Special Master’s recommendations and the RVR process. During this meet-and-confer process, the parties, in coordination with the Special Master, made several modifications to CDCR’s RVR policies and 28 1 Stip. Resp. and Order to the Special Master’s Jan. 30, 2015 Report (2:90-cv-00520 KJM DAD PC) 1 2 3 procedures, in response to the Special Master’s Report. The parties have agreed to revise the 2011 RVR policies, procedures, and staff training that were the subject of the report. As such, CDCR will implement the following: 4 a. Revised Title 15, Sections 3310(d), 3315(h), 3317, 3317.1, 3317.2 5 (Attachment 1; in draft form); 6 b. Revised Departmental Operating Manual Section 52080.5.8 (Attachment 2; in 7 draft form); 8 c. Revised Mental Health Assessment Form (115-MH) (Attachment 3; in draft 9 form); and 10 d. Memorandum entitled “Implementation of Rules Violation Report Exclusions 11 and Documentation of Rules Violations in an Alternate Manner Based on 12 Clinical Input for all Inmate Participants in the Mental Health Services 13 Delivery System” (Attachment 4; in draft form) 14 As a result, the parties, with the concurrence of the Special Master, stipulate as follows: 15 16 17 STIPULATION Recommendation No. 1 1. The first recommendation in the report states: “CDCR shall immediately end the 18 practice of using inmate workers in any aspect of the RVR process.” (ECF No. 5266 at 25.) The 19 parties have agreed that CDCR will eliminate the use of inmate workers in the RVR process 20 entirely by upgrading its Strategic Offender Management System (SOMS). (See Attachment 5.) 21 This SOMS upgrade will allow CDCR staff to directly input information into the RVR forms, 22 thus removing inmate clerks from this process. CDCR will implement this measure within 12 23 months from the date the Court approves this Stipulation and Proposed Order, and will make a 24 good-faith effort to accelerate implementation. 25 2. In the interim, CDCR will not use inmate clerks in the RVR process for inmates 26 who receive RVRs while housed in a Mental Health Crisis Bed, or in an inpatient program within 27 a CDCR prison (which includes DSH-Stockton, Salinas Valley Psychiatric Program, Vacaville 28 Psychiatric Program, the San Quentin Psychiatric Inpatient Program, and the California 2 Stip. Resp. and Order to the Special Master’s Jan. 30, 2015 Report (2:90-cv-00520 KJM DAD PC) 1 2 Institution for Women Psychiatric Inpatient Program.) (See Attachment 5.) 3. Also in the interim, for RVRs issued to any participant in the Mental Health 3 Services Delivery System, CDCR will not use inmate clerks to type RVR hearing summaries or 4 RVR dispositions, or file or otherwise track completed RVRs. (See Attachment 1.) CDCR 5 proposes to implement these interim measures concurrently with the revised RVR policies 6 outlined above. 7 Recommendation No. 2 8 9 4. The second recommendation in the report states: “CDCR shall devise an RVR quality improvement process for incorporation into its Quality Improvement Tool (CQIT) and 10 conduct regular quality improvement reviews of the RVR process, including but not limited to the 11 staff training aspects of the RVR process, in all of its institutions.” 12 5. Consistent with Recommendation No. 2, CDCR will revise its Continuous Quality 13 Improvement Tool (CQIT) to include a quality improvement process for RVRs and to conduct 14 regular RVR reviews. 15 Recommendation No. 3 16 6. The third recommendation in the report states: “Within 243 days, CDCR shall 17 implement, under the guidance of the Special Master, its program of RVR mandatory initial and 18 ongoing training/re-training of all clinical and custody staff who are involved in the RVR 19 process.” 20 7. Consistent with Recommendation No. 3, CDCR will work with the Special Master 21 to develop and implement mandatory training on the revised policies and procedures outlined 22 above, for clinical and custody staff who are involved in the RVR process. CDCR will 23 implement these policies and procedures, and training thereon, within the 243 day timeframe 24 recommended by the Special Master in the report. 25 Recommendation No. 4 26 8. The fourth recommendation in the report states: “Following the 243-day period for 27 implementation of the staff training/re-training program, the Special Master shall conduct a 28 review of staff training/re-training on the RVR process in all CDCR institutions, and shall report 3 Stip. Resp. and Order to the Special Master’s Jan. 30, 2015 Report (2:90-cv-00520 KJM DAD PC) 1 2 to the Court on his findings no later than 90 days after the completion of his review.” 9. Consistent with Recommendation No. 4, the parties agree that the Special Master 3 will review and report on CDCR’s training on the revised policies and procedures. 4 Dated: April 3, 2015 Respectfully submitted, 5 KAMALA D. HARRIS Attorney General of California PATRICK R. MCKINNEY Supervising Deputy Attorney General 6 7 Christine M. Ciccotti 8 CHRISTINE M. CICCOTTI Deputy Attorney General Attorneys for Defendants 9 10 11 Michael W. Bien 12 MICHAEL W. BIEN Attorney for Plaintiffs 13 14 15 ORDER 16 The court approves the foregoing stipulation, and orders compliance with its provisions. 17 IT IS SO ORDERED. 18 DATED: May 1, 2015. 19 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 4 Stip. Resp. and Order to the Special Master’s Jan. 30, 2015 Report (2:90-cv-00520 KJM DAD PC)

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