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.)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?