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L.H. v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 7, 2009

L.H., A.Z., D.K., D.R., M.N., AND R.C., ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED JUVENILE PAROLEES IN CALIFORNIA, PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, GOVERNOR, STATE OF CALIFORNIA, MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ("CDCR"); 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.*FN1

STIPULATION AND ORDER REQUIRING DEFENDANTS TO TAKE IMMEDIATE STEPS TO IDENTIFY AND TRACK JUVENILE PAROLEES WITH DISABILITIES AND EFFECTIVE COMMUNICATION NEEDS

WHEREAS, this Court's Order of January 29, 2008, Docket No. 266, and the Stipulated Order for Permanent Injunctive Relief ("Injunction"), Docket No. 438, require Defendants to identify, track, and accommodate juvenile parolees with disabilities and effective communication needs in parole revocation proceedings; and

WHEREAS, the Injunction further requires Defendants to meet strict time frames for providing information about juvenile parolees' disabilities and effective communication needs in parole revocation proceedings; and

WHEREAS, with the assistance of the Office of the Special Master, the parties have met and conferred on numerous occasions to determine methods to expeditiously and efficiently identify and track juvenile parolees with disabilities and effective communication needs; and

WHEREAS, reviewing juvenile parolees' field files and relevant electronic databases will assist Defendants' efforts to meet their duties under the Injunction and the Court's January 29, 2008 Order; and

WHEREAS, without prejudice to either party's positions taken in the meet and confer and mediation discussions;

NOW THEREFORE, subject to the approval of this Court, the parties to the abovecaptioned case, through their attorneys of record, hereby stipulate and agree as follows:

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

2. On or before September 30, 2009, the Division of Juvenile Parole Operations shall conduct training for all staff involved in completion of the initial field file review on how to complete this review and the Disability Effective Communication Summary Report, with Plaintiffs' counsel in observance.

3. Two weeks prior to the commencement of the first day of this field file training, Defendants shall provide to Plaintiffs' counsel the written and/or electronic materials to be used in the training for their prompt review and comment.

IT IS SO STIPULATED:

Dated: June 30, 2009

HANSON BRIDGETT LLP S. Anne Johnson Attorneys for Defendants

ORDER

The Court, having reviewed the above Stipulation of the parties, and good cause appearing, hereby orders that Defendants, their agents, employees, and successors in office shall comply with all of the terms stated above.

IT IS SO ORDERED.


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