Valdivia, et al v. Schwarzenegger, et al

Filing 1577

ORDER signed by Senior Judge Lawrence K. Karlton on 1/8/10 ORDERING that while Defendants have met the Remedial Sanctions Order's goal of establishing 1,800 ICDTP beds, information about the number and availability of ICDTP placements remains relevant to overall monitoring compliance with the Permanent Injunction's remedial sanctions requirement. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 On November 12, 2009, the court indicated its intent to adopt the special master's recommendations as contained in his seventh report. The parties were given twenty days to object, ARNOLD SCHWARZENEGGER, Governor of the State of California, et al., Defendants. / ORDER JERRY VALDIVIA, ALFRED YANCY, and HOSSIE WELCH, on their own behalf and on behalf of the class of all persons similarly situated, NO. CIV. S-94-671 LKK/GGH UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

with fifteen days to file a response, and ten days to file a reply. Plaintiffs filed objections, which defendants opposed. Defendants did not Having

The time for filing a reply has expired.

file any independent objections to the tentative order.

considered plaintiffs' objections and defendants' response, the court finds plaintiffs' proposed modifications appropriate. 1

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Accordingly, the court hereby finds that defendants are substantially in compliance with the following requirements of the Permanent Injunction, entered March 8, 2004 (Doc. No. 1034) and Remedial Sanctions Order, entered April 4, 2007 (Doc. No. 1323). Permanent Injunction Requirements C Return to Custody Assessment (except for Los Angeles County Jail Decentralized Unit) Revocation hearings within 50 miles of the alleged violation Parolee defense counsel shall have access to non-confidential portions of the field file

Remedial Sanctions Order Requirements 12 C 13 14 15 16 17 18 C 19 20 21 C 22 23 As a result of this substantial compliance, the above 24 requirements will no longer be a primary focus of Plaintiffs' or 25 the Special Master's monitoring unless and until it comes to 26 2 Reporting on the development of the Parole Violation Decision-Making Instrument C Dedication of 50% of certain programs as Interim Remedial Sanctions under the April 2007 remedial sanctions order Sharing information with parolee defense counsel regarding the provisions of the April 2007 remedial sanctions order C C C C Policies and procedures regarding the requirements of the April 2007 remedial sanctions order Expanding jail and community based ICDTP Determining availability of ICDTP Electronic in-home detention Training about the remedial sanctions requirements of the April 2007 remedial sanctions order

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their attention that there has been a significant decline in compliance. Except interim remedial sanctions, sharing

information with defense counsel, and reporting on the development of the Parole Violation Decision-Making Instrument, defendants shall report the status of these requirements to all parties every six months. These reports may be incorporated in the Defendants' Compliance Reports. As explained by the Special Master, information about the above requirements remains relevant to overall monitoring and compliance to the extent they arise in the course of investigating an individual parolee's situation, or in assessing whether staff considered remedial sanctions or articulated the basis for hearing findings. While Defendants have met the Remedial Sanctions Order's goal of establishing 1,800 ICDTP beds, information about the number and availability of ICDTP placements remains relevant to overall monitoring compliance with the Permanent Injunction's remedial sanctions requirement. IT IS SO ORDERED. DATED: January 8, 2010.

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