L.H. et al v. Schwarzenegger et al

Filing 547

STIPULATION and ORDER 546 requiring defendants to take immediate steps to identify and track juvenile parolees w/disabilities and effect communications needs signed by Senior Judge Lawrence K. Karlton on 7/7/2009. (Marciel, M)

1 BINGHAM McCUTCHEN LLP

GEOFFREY HOLTZ ­ 191370 2 Three Embarcadero Center San Francisco, California 94111-4067 3 Telephone: [phone]

4 5 6 PRISON LAW OFFICE
DONALD SPECTER ­ 83925 7 SARA NORMAN ­ 189536 1917 Fifth Street 8 Berkeley, California 94710-1916 Telephone: [phone] Facsimile: [phone]

ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN ­ 096891 GAY C. GRUNFELD ­ 121944 MARIA V. MORRIS ­ 223903 SHIRLEY HUEY ­ 224114 ELIZABETH H. ENG ­ 239265 315 Montgomery Street, Tenth Floor San Francisco, California 94104 Telephone: [phone] YOUTH LAW CENTER SUSAN L. BURRELL ­ 074204 CAROLE SHAUFFER ­ 100226 CORENE KENDRICK ­ 226642 200 Pine Street, 3rd Floor San Francisco, California 94104 Telephone: [phone]

10 Attorneys for Plaintiffs 11 12 13
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Case No. 2:06-CV-02042-LKK-GGH STIPULATION AND ORDER REQUIRING DEFENDANTS TO TAKE IMMEDIATE STEPS TO IDENTIFY AND TRACK JUVENILE PAROLEES WITH DISABILITIES AND EFFECTIVE COMMUNICATION NEEDS

L.H., A.Z., D.K., D.R., M.N., and R.C., on behalf of 14 themselves and all other similarly situated juvenile parolees in California,

15 16

Plaintiffs, vs.

17 ARNOLD SCHWARZENEGGER, Governor, State of California, MATTHEW CATE, Secretary, California 18 Department of Corrections and Rehabilitation ("CDCR"); 19 20 21 22 23 24 25 26 27 28
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SCOTT KERNAN, Undersecretary of Operations, CDCR; BERNARD WARNER, Chief Deputy Secretary of the Division of Juvenile Justice; RACHEL RIOS, Director, Division of Juvenile Parole Operations; MARTIN HOSHINO, Executive Officer of the Board of Parole Hearings ("BPH"); ROBERT DOYLE, Chair of the BPH; SUSAN MELANSON, HENRY AGUILAR, ASKIA ABDULMAJEED, JOSEPH COMPTON, ROBERT CAMERON, JOYCE ARREDONDO, MARY SCHAMER, and TRACEY ST. JULIEN, Commissioners and Board Representatives; CHUCK SUPPLE, Executive Officer of the Juvenile Parole Board; CDCR; DIVISION OF JUVENILE JUSTICE; BOARD OF PAROLE HEARINGS; and the JUVENILE PAROLE BOARD, Defendants.1

The names of Defendants currently serving and their CDCR capacities have been substituted pursuant to Fed. R. Civ. P. 25.
STIPULATION AND [PROPOSED] ORDER REQ'G DEFS. TO TAKE IMMEDIATE STEPS TO IDENTIFY & TRACK JUVENILE PAROLEES WITH DISABILITIES & EFFECTIVE COMM'N NEEDS - NO. 2:06-CV-02042-LKK-GGH

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WHEREAS, this Court's Order of January 29, 2008, Docket No. 266, and the Stipulated

2 Order for Permanent Injunctive Relief ("Injunction"), Docket No. 438, require Defendants to 3 identify, track, and accommodate juvenile parolees with disabilities and effective communication 4 needs in parole revocation proceedings; and 5 WHEREAS, the Injunction further requires Defendants to meet strict time frames for

6 providing information about juvenile parolees' disabilities and effective communication needs in 7 parole revocation proceedings; and 8 WHEREAS, with the assistance of the Office of the Special Master, the parties have met

9 and conferred on numerous occasions to determine methods to expeditiously and efficiently 10 identify and track juvenile parolees with disabilities and effective communication needs; and 11 WHEREAS, reviewing juvenile parolees' field files and relevant electronic databases will

12 assist Defendants' efforts to meet their duties under the Injunction and the Court's January 29, 13 2008 Order; and 14 WHEREAS, without prejudice to either party's positions taken in the meet and confer and

15 mediation discussions; 16 NOW THEREFORE, subject to the approval of this Court, the parties to the above-

17 captioned case, through their attorneys of record, hereby stipulate and agree as follows: 18 1. On or before November 30, 2009, the Division of Juvenile Parole Operations, by

19 and through its staff, shall conduct an initial one-time comprehensive field file and electronic 20 database review of all juvenile parolees in the community or in custody pending revocation for 21 disability and effective communication needs, and complete an initial Disability Effective 22 Communication Summary Report using the form and instructions attached hereto as Exhibit A 23 and an initial WIN summary in a form to be finalized but similar to the WDP form attached 24 hereto as Exhibit B. 25 2. On or before September 30, 2009, the Division of Juvenile Parole Operations shall

26 conduct training for all staff involved in completion of the initial field file review on how to 27 complete this review and the Disability Effective Communication Summary Report, with 28 Plaintiffs' counsel in observance. 1
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STIPULATION AND [PROPOSED] ORDER REQ'G DEFS. TO TAKE IMMEDIATE STEPS TO IDENTIFY & TRACK

1

3.

Two weeks prior to the commencement of the first day of this field file training,

2 Defendants shall provide to Plaintiffs' counsel the written and/or electronic materials to be used 3 in the training for their prompt review and comment. 4 5 6 Dated: June 30, 2009 7 8 9 10 11 12 13 14 15 16 ORDER The Court, having reviewed the above Stipulation of the parties, and good cause Dated: June 30, 2009 By: /s/ Gay C. Grunfeld Gay C. Grunfeld Attorneys for Plaintiffs HANSON BRIDGETT LLP By: /s/ S. Anne Johnson S. Anne Johnson Attorneys for Defendants ROSEN, BIEN & GALVAN, LLP IT IS SO STIPULATED:

17 appearing, hereby orders that Defendants, their agents, employees, and successors in office shall 18 comply with all of the terms stated above. 19 20 21 Dated: July 7, 2009 22 23 24 25 26 27 28 2
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IT IS SO ORDERED.

STIPULATION AND [PROPOSED] ORDER REQ'G DEFS. TO TAKE IMMEDIATE STEPS TO IDENTIFY & TRACK