Valdivia, et al v. Schwarzenegger, et al

Filing 1761

ORDER signed by Judge Lawrence K. Karlton on 6/21/2012. Court is ADOPTING its Findings and Recommendations in full. The substantial compliance finding applies to all locations except Richard J. Donovan Correctional Facility and California Institution for Men, they remain subject to monitoring this requirement. Defendants SHALL report status of these requirements to all parties every 6 months beginning on 7/8/2012. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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

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Plaintiffs,
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v.

O R D E R

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EDMUND G. BROWN, JR., Governor of
the State of California, et al.,
Defendants.
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The court is in receipt of the Eleventh Report of the

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Special Master, ECF No. 1730, filed on December 15, 2011. No

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objections were filed. Due to court error, the Eleventh Report

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has not yet been adopted by the court. The court has considered

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the report and ADOPTS its findings and recommendations in full.

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Accordingly, the court ORDERS as follows:

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[1] The following requirements are substantially

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compliant, and the subjects will therefore no longer

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be a primary focus of Plaintiffs’ or the Special
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Master’s monitoring unless they are inextricably

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linked with review of the hearing process or the

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remedial sanctions obligations of the Permanent

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Injunction, or arise in the course of investigating an

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individual parolee’s situation. These items will

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remain in this status unless and until it comes to the

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parties’ or the Special Master’s attention that there

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has been a significant decline in compliance. These

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orders should apply to the following requirements:

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a) On or before the fourth business day [after

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notice of charges is served] the Unit Supervisor

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must review the report and (1) determine if there

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is sufficient basis for the revocation to go

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forward; (2) determine if the report is accurate,

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complete, and contains the correct Title 15

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violation sections; and (3) consider whether

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remedial sanctions/community based treatment is

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appropriate (Remedial Plan at 3)

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b) On or before the fifth business day [after

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notice of charges is served], the revocation

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packet is forwarded to the decentralized

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revocation unit where the parolee is being held.

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(Remedial Plan at 4)

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c) Defendants shall appoint counsel for all

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parolees beginning at the Return to Custody

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Assessment stage of the revocation proceeding.
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(Injunction ¶11(b)(i))

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The substantial compliance finding applies to all

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locations except Richard J. Donovan Correctional

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Facility and California Institution for Men; they will

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remain subject to monitoring on this requirement.

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[2] Defendants SHALL report the status of these

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requirements to all parties every six months,

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beginning on July 8, 2012.

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IT IS SO ORDERED.
DATED: June 21, 2012.

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