Coleman, et al v. Schwarzenegger, et al

Filing 5640

THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Stephen Reinhardt and Thelton E. Henderson on 6/20/2017 SUSPENDING Paragraph 4(B) of 5060 Order. (Donati, J)

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1 2 3 IN THE UNITED STATES DISTRICT COURTS 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 AND THE NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES 7 PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE 8 9 RALPH COLEMAN, et al., Plaintiffs, 10 United States District Court Northern District of California EDMUND G. BROWN JR., et al., Defendants. 13 14 MARCIANO PLATA, et al., 15 Plaintiff, 16 17 THREE-JUDGE COURT v. 11 12 Case No. 2:90-cv-0520 KJM DB P v. EDMUND G. BROWN JR., et al., 18 Case No. 01-cv-01351-TEH THREE-JUDGE COURT ORDER SUSPENDING PARAGRAPH 4(B) OF FEBRUARY 10, 2014 ORDER Defendants. 19 20 The court has reviewed the parties’ June 6, 2017 stipulation and proposed order to 21 modify the court’s February 10, 2014 order based on emergency regulations establishing a 22 nonviolent offender parole process.1 The court agrees that it would be wise to avoid 23 duplication of effort between the newly adopted process and the court-ordered parole 24 process for nonviolent second-strike offenders, but it disagrees that vacating the court- 25 ordered parole process is appropriate before permanent regulations are adopted. 26 27 28 1 The parties’ stipulation refers to a “nonviolent parole process.” While any parole process should, of course, be nonviolent, the word “nonviolent” more appropriately modifies “offender” in this context. Accordingly, pursuant to the parties’ stipulation as modified, IT IS HEREBY 1 2 ORDERED that: 3 1. The nonviolent offender parole process will go into effect on July 1, 2017. 4 Defendants will stop referring inmates to the Board of Parole Hearings (“Board”) for the 5 court-ordered parole process on June 30, 2017. Any inmates who have been referred to the 6 Board for parole consideration under the court-ordered process on or before June 30, 2017, 7 will be reviewed under the court-ordered parole process. If they are not approved for 8 release as a result of a referral made on or before June 30, 2017, they will be considered 9 for referral under the nonviolent offender parole process one year later and annually 10 thereafter. 2. United States District Court Northern District of California 11 Defendants will continue to report to the court regarding the status of the 12 court-ordered nonviolent second-strike offender parole measure and will report when the 13 Board processes all referrals received before July 1, 2017, under that process. The parties 14 agree that, at that time, defendants will have complied in full with paragraph 4(b) of the 15 court’s February 10, 2014 Order, and that section of the order shall then be suspended. 3. 16 Defendants shall implement the nonviolent offender parole process described 17 in the parties’ June 6, 2017 stipulation. They shall include in their monthly reports the 18 status of that measure, including the number of inmates referred to the Board, the number 19 of inmates approved for release, and any substantive changes resulting from regulatory or 20 other State proceedings. Defendants shall also report to the court when permanent 21 regulations concerning the nonviolent offender parole process have been adopted. At that 22 time, the court will entertain a revised stipulation to vacate paragraph 4(b) of the 23 February 10, 2014 Order. 24 // 25 // 26 // 27 // 28 // 2 1 4. The remaining provisions of the court’s February 10, 2014 Order, as 2 modified by the November 14, 2014, December 19, 2014, and March 4, 2016 orders, 3 including any applicable waivers of state law, are unchanged.2 4 5 IT IS SO ORDERED. 6 7 Dated: 06/20/17 8 9 _______________________________________ STEPHEN REINHARDT UNITED STATES CIRCUIT JUDGE NINTH CIRCUIT COURT OF APPEALS 10 United States District Court Northern District of California 11 Dated: 06/20/17 THELTON E. HENDERSON SENIOR UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 Dated: 06/20/17 KIMBERLY J. MUELLER UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 28 2 The parties included the incorrect date – November 19, 2014 – for one of the orders and did not include the December 19, 2014 order, which the court entered pursuant to the parties’ stipulation. 3

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