L.H. et al v. Schwarzenegger et al

Filing 685

ORDER signed by Judge Lawrence K. Karlton on 09/07/12 ORDERING that the Special Master's 682 Eighth Report is ADOPTED in full; defendants have demonstrated substantial compliance with the requirements detailed herein; these requirements will therefore no longer be a primary focus of plaintiffs' or the Special Master's monitoring unless and until it comes to the parties' or the Special Master's attention that there has been a significant decline in compliance. (Benson, A.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 L.H., A.Z., D.K., and D.R., on behalf of themselves and all other similarly situated juvenile parolees in California, NO. CIV. S-06-2042 LKK/GGH Plaintiffs, 13 v. 14 O R D E R 16 EDMUND G. BROWN, JR., Governor, State of California, et al, 17 Defendants. 15 / 18 The Special Master filed her Eighth Report on August 6, 2012. 19 20 Dkt. No. 682. No objections were filed. The court has considered 21 the report and ADOPTS its findings and recommendations in full. Further, the court HEREBY FINDS (as recommended in the Report 22 23 at pp.44-45), that defendants have demonstrated 24 compliance with the following requirements: 25 • substantial Parole Agent and Supervising Parole Agent conference within two business days. 26 1 1 • Not accepting written admissions to a violation of parole made prior to the juvenile parolee meeting with counsel. • Violation report within six business days. • Supervising Parole Agent review of violation report within seven business days. • At the time of attorney appointment, provision of relevant educational, mental health and disability identification and source documents. 7 • Return to custody assessment within nine business days. 8 • System for expedited probable cause hearings. 9 • Hearing officers shall provide the factual basis for their findings. • Definition of good cause for delay, remedy for timeframe violation. • Charges may not be split and known charges must be brought at a reasonable time prior to hearing. • Elimination of “temporary detentions.” • Alternatives to incarceration considered at agent-supervisor conference, probable cause hearing and revocation hearing. • Defendants shall make available reasonable accommodations for attorney-client interviews and accommodations shall include additional hours of representation. • A parolee’s requested accommodation will be given primary consideration and granted unless unreasonable. • Defendants shall ensure that effective communication equipment is available at revocation proceedings. 21 • Develop an ADA grievance procedure. 22 • Comprehensive annual training on ADA and effective communication, the Stipulated Injunction's requirements, policies and procedures, due process. • Self-monitoring process. 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 23 24 25 These requirements will therefore no longer be a primary focus 26 of Plaintiffs’ or the Special Master’s monitoring unless and until 2 1 it comes to the parties’ or the Special Master’s attention that 2 there has been a significant decline in compliance. 3 IT IS SO ORDERED. 4 DATED: September 7, 2012. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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