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Coleman v. Schwarzenegger

June 17, 2009

RALPH COLEMAN, ET AL., PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.



ORDER

Pursuant to court order, this matter came on for hearing on June 16, 2009 for consideration of approval of three separate matters related to bed planning: defendants' activation schedule for projects that have already been ordered by this court; defendants' short-term and intermediate plan for meeting the current need for mental health beds; and defendants' long-range plan. Michael Bien, Esq. appeared as counsel for plaintiffs. Debbie J. Vorous and Jeffrey Steele, Deputy Attorneys General, appeared as counsel for defendants.

After careful consideration of the activation schedules and the plans filed by defendants, plaintiffs' comments and defendants' responses thereto, and the comments of counsel at the time of the hearing, and good cause appearing, IT IS HEREBY ORDERED that:

1. The activation schedules for court-ordered projects proposed by defendants are approved and the timeframes set forth in the schedules shall be met. To the extent that defendants can accelerate any of these projects, they are instructed to do so.

2. Beginning on July 1, 2009, defendants shall report to the Special Master on a monthly basis all action taken on each project and whether each project remains on schedule or has been or can be accelerated. Defendants' report shall be in the form of updates to the existing activation schedules. For any project that has departed from the promised timeframes, defendants shall describe with specificity the reason or reasons for the departure and shall identify individuals or agencies whose acts or failures to act contributed the departure. The Special Master shall meet quarterly with defendants to review the status of each project.

3. The projects described in defendants' short-term and intermediate plan are approved, subject to the following conditions:

a. Defendants shall promptly notify the Special Master of any impediments to timely completion of the approved short-term and intermediate projects, including but not limited to those described by defense counsel at the hearing. Defendants shall file a copy of any such notification with the court and serve a copy on counsel for plaintiffs. Defendants shall include with any such filing a proposed remedy to the impediment, and plaintiffs may file a prompt response.

b. Consistent with counsel's representation at the time of the hearing, the C5 and C6 units at Salinas Valley shall be completed on the schedule proposed by defendants so that, upon completion, they are substantially similar to the D5 and D6 units when all construction is completed in said units in July 2009.

c. Defendants shall continue to take all steps necessary to secure any funding that is still required for full implementation of all of the projects in their short-term and intermediate plan.

d. Defendants shall continue to take all steps necessary to resolve all outstanding staffing allocation issues. To that end, defendants shall complete a staffing plan by the end of August 2009. The plan shall be developed under the guidance of the Special Master following the model that was used to develop the activation schedules and the short-term and intermediate plan before the court.

e. Defendants shall comply with the schedule to fill the full complement of 256 intermediate care beds at Atascadero State Hospital (ASH). See Paragraph 8, infra.

4. Defendants propose staff training as part of the short-term and intermediate bed plan. Defendants' proposal to use the "DMH Therapeutic Strategies and Interventions" training plan to train staff at the C and D units at Salinas Valley is approved. The training of other staff is also approved in principle but the plan proposed by defendants for this purpose, the "Plan to Address the Overall Dysfunction in Custody/Mental Health Relations at Salinas Valley State Prison," is disapproved. Final determination of the appropriate training plan will be left to the Special Master. Defendants shall develop this plan under the guidance of the Special Master following the model used to develop the activation schedules and the short-term and intermediate plan before this court. This plan shall be completed within ninety days from the date this order is filed.

5. Within fifteen days from the date of the hearing, defendants shall report to the court whether the Memorandum of Understanding between the Plata Receiver and the defendants in that case has been signed. If the Memorandum of Understanding has not been signed, defendants shall explain why it has not been signed and who is responsible for the absence of a signed agreement.

6. Defendants' long-range plan is not approved.

7. Within ten days from the date of the hearing, defendants shall show cause in writing, if any, why they should not be ordered to renew their contract with ...


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