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L.H. v. Schwarzenegger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 12, 2010

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 MATRIX 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

JOINT STIPULATION REGARDING MODIFICATIONS TO DIVISION OF JUVENILE JUSTICE PAROLE REVOCATION EXTENSION

WHEREAS, the Stipulated Order for Permanent Injunctive Relief ("Injunction") entered by this Court on October 7, 2008 requires "Defendants [to] develop sufficiently specific draft Policies, Procedures, and Plans ('Policies and Procedures') that will ensure that Revocation Proceedings are in continuous compliance with all of the requirements of the Constitution and applicable statutes[.];" and

WHEREAS, the parties in the above-captioned case have met and conferred regarding Defendants' Policies and Procedures issued pursuant to the Injunction; and

WHEREAS, without prejudice to either party's positions taken in the meet and confer discussions, the parties desire to create greater certainty in the parole revocation process and to narrow the differences between them;

NOW, THEREFORE, subject to the approval of this Court, the parties hereby stipulate to the following changes to the Revocation Extension Matrix issued pursuant to the Injunction:

A. Charge Code 3DE

The parties agree to amend charge code 3DE to "Making body contact of a sexual nature with staff, not including battery."

B. Charge Code 3G

The parties agree to amend charge code 3G to "Escaping, or attempting to escape, or aiding an escape from Division of Juvenile Justice custody." In addition, the parties agree to remove the term "walk away" from charge codes 3GA, 3GC, and 3GE.

C. Charge Code 3LF

The parties agree to amend charge code 3LF to "Gang activity resulting in the risk of violence toward a staff, youth or person not in custody."

D. Charge Codes 3EA and 3EB

The parties agree to amend the term "other object" to be "other object the primary intent or purpose of which is to inflict injury or property damage."

IT IS SO STIPULATED.

Dated: February 10, 2010

ROSEN, BIEN & GALVAN, LLP By: Gay Crosthwait Grunfeld Attorneys for Plaintiffs

Dated: February 10, 2010

HANSON BRIDGETT LLP By: S. Anne Johnson Attorneys for Defendants Arnold Schwarzenegger, et al.

IT IS SO ORDERED.


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