Coleman, et al v. Schwarzenegger, et al

Filing 6678

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/18/2020, nunc pro tunc to 2/18/2020, APPROVING Plan to Report on Class Members Transferred Out of Desert Institutions. (Huang, H)

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XAVIER BECERRA
Attorney General of California
MONICA N. ANDERSON
Senior Assistant Attorney General
ADRIANO HRVATIN
Supervising Deputy Attorney General
KYLE A. LEWIS, State Bar No. 201041
ELISE OWENS THORN, State Bar No. 145931
TYLER V. HEATH, State Bar No. 271478
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

ROMAN M. SILBERFELD, State Bar No. 62783
GLENN A. DANAS, State Bar No. 270317
ROBINS KAPLAN LLP
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Special Counsel for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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RALPH COLEMAN, et al.,

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v.

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Case No. 2:90-cv-00520 KJM-DB (PC)
Plaintiffs, STIPULATION AND ORDER
APPROVING PLAN TO REPORT
ON CLASS MEMBERS
TRANSFERRED OUT OF DESERT
INSTITUTIONS

GAVIN NEWSOM, et al.,
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Defendants. Judge: The Hon. Kimberly J. Mueller
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On September 27, 2019, the Court approved the California Department of Corrections

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and Rehabilitation’s Desert Institutions Expedited Transfer for Mental Health Services Delivery

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System policy and the addendum of definitions to the policy.1 (ECF No. 6296.) The Court

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further approved the parties’ September 12, 2019 stipulation and ordered Defendants to file

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monthly reports on the transfers of Coleman class members out of CDCR desert institutions,2 and

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The policy was implemented on December 16, 2019.
The desert institutions are Calipatria State Prison, California City Correctional Facility,
the California Correctional Center, Centinela State Prison, Chuckawalla Valley State Prison, and
Ironwood State Prison.
[3499624.3]
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Stip. & Order Re: Plan to Report on Transfers Out of Desert Institutions (2:90-cv-00520 KJM-DB (PC))

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to permit the Special Master to monitor those institutions via the filed reports instead of through

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institution tours.

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Under the direction of the Special Master, the parties have met and conferred regarding the

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format of the two monthly reports that will provide census and tracking information for Mental

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Health Services Delivery System (MHSDS) inmates housed in one of the six desert institutions

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for the prior calendar month. In addition, Defendants will provide to the Special Master and

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Plaintiffs a separate letter at the time of the filing that provides details regarding why any patient

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may have missed timelines due to a medical hold.

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Proposed templates for the filed reports are attached as Exhibit A. The “MH Change”

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report provides tracking information for inmates referred to the Mental Health Services Delivery

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System while housed in one of the six desert institutions during the reporting period. The

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monthly “MH Upon Arrival” report provides tracking information for Coleman class members

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inadvertently placed in one of the six desert institutions during the reporting period.

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The parties have also discussed the underlying business rules used in the monthly reports.

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The parties have agreed that all transfers where the patient entered the MHSDS shall occur within

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fourteen days. Under the “MH Change” report’s methodology, if a patient enters the MHSDS

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while housed at a desert institution, the parties consider the following calendar day to be day one.

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If a patient transfers to another desert institution during the 14-day transfer period, the timeline

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shall not restart, but shall continue until the patient arrives at an appropriate MHSDS program.

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The parties have also agreed that when MHSDS patients inadvertently transfer to a desert

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institution, Defendants will transfer the patient to an appropriate MHSDS program within

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seventy-two hours. The timeline will start when the patient arrives at the desert institution and

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will end when the patient arrives at an appropriate MHSDS program per the Strategic Offender

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Management System (SOMS). The business rules used in the monthly reports are set forth in

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Exhibit B.

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Several of the columns in the current report require CDCR to manually input or calculate
information. (See Exhibit B). CDCR is in the process of automating those columns and

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[3499624.3]

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Stip. & Order Re: Plan to Report on Transfers Out of Desert Institutions (2:90-cv-00520 KJM-DB (PC))

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anticipates completing automation of the report by March 2020. CDCR will notify the Special

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Master, Plaintiffs, and the Court when the reports are fully automated.

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Defendants will file the first monthly report on February 18, 2020 and thereafter on the
fifteenth day of each month.
The Special Master has reviewed this joint stipulation and proposed order and is in
agreement with its terms.
Dated: February 14, 2020

XAVIER BECERRA
Attorney General of California
ADRIANO HRVATIN
Supervising Deputy Attorney General

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/S/ ELISE OWENS THORN
Elise Owens Thorn
Deputy Attorney General
Attorneys for Defendants

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Dated: February 14, 2020

ROSEN BIEN GALVAN & GRUNFELD LLP

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/S/ MARC J. SHINN-KRANTZ
Marc J. Shinn-Krantz
Attorneys for Plaintiffs

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IT IS SO ORDERED.
Dated: May 18, 2020
(nunc pro tunc to February
18, 2020

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[3499624.3]

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Stip. & Order Re: Plan to Report on Transfers Out of Desert Institutions (2:90-cv-00520 KJM-DB (PC))

Exhibit A

MHSDS Inmates at Desert Institutions (Historical)

Run Date: 02/03/2020 07:11 AM
Run By: rodney.price
Institutions Selected: CAC, CAL, CCC, CEN, CVSP, ISP
MHLOC History Flags Selected: MH Upon Arrival
Date Range: 01/01/2020 - 01/31/2020

Selection Criteria: This report generates a list of MHSDS inmates who were housed for any length of time at
a desert Institution
R1
Institution

CDC Number

Last Name

MHSDS Begin Date

Medical Hold

Endorsement Date

Endorsement
Institution

Endorsement Level

Arrival Date to Desert
Institution

MH LOC

MHLOC History

Departure Date From
Institution

Arrival Date to
Endorsed MHSDS
Institution

Transfer Timeline
(Hours)

Comments

MHSDS Inmates at Desert Institutions (Historical)

Run Date: 02/03/2020 07:08 AM
Run By: rodney.price
Institutions Selected: CAC, CAL, CCC, CEN, CVSP, ISP
MHLOC History Flags Selected: MH Change
Date Range: 01/01/2020 - 01/31/2020

Selection Criteria: This report generates a list of MHSDS inmates who were housed for any length of time at a desert
Institution
R1
Institution

CDC Number

Last Name

MH LOC

Medical Hold

Endorsement Date

Endorsement
Institution

Endorsement
Level

Arrival Date to Desert
Institution

MHSDS Begin
Date

MHLOC History

Departure Date From
Institution

Arrival Date to
Endorsed MHSDS
Institution

Calendar Days
Since MHSDS Begin
Date and Transfer
Arrival

Comments

Exhibit B

OBIEERPT – MHSDS Inmates at Desert Institutions
(Historical)
Version 1 (1-7-2020)
REPORT TITLE
MHSDS Inmates at Desert Institutions (Historical)
POLICY or LEGISLATION
Desert Institutions Expedited Transfer Policy
REPORT PURPOSE
The purpose of the MH Change report is to identify any inmates who were housed at a Desert Institution and
subsequently placed in the MHSDS system.
The purpose of the MH Upon Arrival report is to identify any inmates who were in the MHSDS system and housed at a
Desert Institution.

REPORT DESCRIPTION
This report generates a list of MHSDS inmates who were housed for any length of time at a Desert institution.

SELECTION CRITERIA
1. Inmates who had a Mental Health Level of Care NOT equal to:
a. GP – General Population
b. GP(M) – Return to General Population
c. UNK – Unknown
d. MHCB – Mental Health Crisis Bed
2. AND Inmate was housed at a selected Institution equal to:
a. CAC, CAL, CCC, CEN, CVSP, ISP
3. During a Selected Date Range
REPORT PROMPTS
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Institution Name Common ID (one or multiple selection)

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Only List Desert Institutions (CAC, CAL, CCC, CEN, CVSP, ISP)
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OBIEERPT – MHSDS Inmates at Desert Institutions
(Historical)
Version 1 (1-7-2020)
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Facility Name (one or multiple selection optional)

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Date Range

REPORT COLUMNS
A. Institution (Common ID)
B. CDC Number
C. Last Name
D. (MH Changer Report) MH LOC
a. In a single cell, display each MH LOC, start date, and stop date, the inmate had during the selected
period where the inmate was at a desert institution.
b. Format in chronological order [ CCCMS 8/1/19 – 10/2/19, EOP 10/2/19 – 10/6/19]
c. End Date should be the earlier of either:
1. The Date the inmate left the prison
2. The Date the MH LOC Changed
3. The End date of the reporting period
(MH Upon Arrival Report) MHSDS Begin Date - The start date of MHSDS LOC
E. Medical Hold
a. This is derived from the most recent Medical Classification Chrono as of the earlier of date of transfer or
report end date range.
F. Endorsement Date
a. This should be the most recent Endorsement Auditor Action, Audit Date (Or Decision Date for a
NonCommittee) as of the earlier of the last day the inmate was at the desert institution or report ending
date range
1. Audit Result = Endorsed
2. Classification Committee Review Status = Audited
b. Consider both Committee and Non-committee endorsements
G. Endorsement Institution
H. Endorsement Level
I.

Arrival Date to Desert Institution
a. On or before Date Range

J.

MHSDS Begin Date
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OBIEERPT – MHSDS Inmates at Desert Institutions
(Historical)
Version 1 (1-7-2020)
a. This should be the date the inmate began being CCCMS or higher in a continuous period starting from
the last day the inmate was at the desert institution or report ending date range.
K. MHLOC History - (This will be a column with a specific phrase to identify each case type i.e. “MH Change” or
“MH Upon Arrival”.)
a. MH CHANGE – Inmate had a MHSDS Begin Date after the current institution arrival date.
b. MH UPON ARRIVAL - Inmate was transferred into a desert institution with a MH LOC of CCCMS or higher
at the time of transfer.
1. Inmates who transferred in from another Desert Institution are not considered to be MH Upon
Arrival.
L. Departure Date from Institution
a. Next departure following arrival
M. Arrival Date to Endorsed MHSDS Institution (Manual Added column)
N. (MH Change Report) –Calendar Days Since MHSDS Begin Date - Timeframe from the Date the inmate’s LOC
changed until the date the inmate arrived at the MHSDS endorsed institution (Manually Calculated)
(MH Upon Arrival Report) – Transfer Timeline Hours- Number of hours from the date and hour the inmate
arrived at the Desert Institution to the date and hour of arrival to the endorsed MHSDS institution. (Manually
Calculated)

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