Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ralph Coleman, Et v. Edmund G. Brown

June 15, 2012

RALPH COLEMAN, ET AL., PLAINTIFFS,
v.
EDMUND G. BROWN, JR., ET AL., DEFENDANTS.



ORDER

On June 12, 2012, Defendants filed an ex parte request that this Court modify certain existing orders relating to their long-range mental health bed plan filed over a two-year period between 2009 and 2010. In addition, Defendants submitted data related to a revised mental health bed plan that they recently submitted for legislature review and funding.

Defendants' existing long-range mental health bed plan was based on Navigant Consulting's spring 2009 population projections to 2013. Defendants' newly revised plan uses mental health bed need projections to 2013, but updates the projected need based on McManis Consulting's spring 2012 population projections. John Misener (previously with Navigant Consulting) is the lead author and forecaster for the spring 2012 population projections.

Defendants request that the Court modify its January 4, 2010 order to the extent that it requires Defendants to create bed capacity based on the spring 2009 population projections. Defendants seek an order requiring them to create bed capacity based on the spring 2012 population projections. Defendants also ask the Court to modify or vacate several of its prior orders relating to bed capacity, facility use, and or full occupancy date so that they can fully implement their revised mental health bed plan.

On June 13, 2012, plaintiffs filed a response in part agreeing with and in part opposing defendants' application.

Good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS:

1. The Court's January 4, 2010 order (Docket No. 3761) approving in substantial part Defendants long-range mental health bed plan shall be modified to allow Defendants to implement their revised mental health bed plan:

a. Defendants shall substitute McManis Consulting's spring 2012 population projections to 2013 in place of Navigant Consulting's spring 2009 population projections to 2013.

b. Based on concerns raised by the Special Master and Plaintiffs, the Court orders Defendants to continue working with the Special Master to clarify the use of "trued" projections. The Special Master shall include Plaintiffs in this process as appropriate.

c. Based on concerns raised by the Special Master and Plaintiffs, the Court orders Defendants to continue working with the Special Master to address the issue of incorporating Defendants' use of alternative placements and Outpatient Housing Units for inmates who require crisis care in future Mental Health Bed Need population projections. The Special Master shall include Plaintiffs in this process as appropriate. To the extent this process identifies increased mental health crisis bed need above that projected by the McManis spring 2012 projections, Defendants shall be required to ensure adequate beds to meet this need. Excess capacity built into the revised bed plan can be used to meet this need.

d. Defendants' proposed revised bed plan does not include a sufficient number of male EOP ASU beds. Pursuant to paragraph 1(b) of this order, defendants will continue to work with the Special Master to clarify the use of "trued" projections. As part of this process, defendants shall ensure that sufficient EOP ASU beds are planned. The Special Master shall include plaintiffs in this process as appropriate.

2. The following orders concerning construction and conversion projects in Defendants' existing bed plan shall be modified to allow Defendants to implement their revised mental health bed plan:

a. January 4, 2010 (Docket No. 3761) with respect to Construction and Conversion Projects at Salinas Valley State Prison, California Medical Facility, California State Prison, Sacramento, California Health Care Facility, Estrella, and Stark:

(1). Salinas Valley State Prison - revise 27 short-term

EOP-ASU beds (converted to permanent in existing long-range mental health bed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.