Opinion
Case No. 2:06-cv-02042-LKK-GGH
09-13-2011
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. EDMUND G. BROWN, JR., Governor, State of California; MATTHEW CATE, Secretary, California Department of Corrections and Rehabilitation ("CDCR"); SCOTT KERNAN, Undersecretary of Operations, CDCR; RACHEL RIOS, Acting Chief Deputy Secretary of the Division of Juvenile Justice; 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; DIVISION OF JUVENILE JUSTICE; BOARD OF PAROLE HEARINGS; and the JUVENILE PAROLE BOARD, Defendants.1
ROSEN, BIEN & GALVAN, LLP Gay Crosthwait Grunfeld Attorneys for Plaintiffs HANSON BRIDGETT LLP Paul Mello Attorneys for Defendants
GEOFFREY HOLTZ - 191370
BINGHAM MCCUTCHEN LLP
Three Embarcadero Center
DONALD SPECTER - 83925
SARA NORMAN - 189536
CORENE KENDRICK - 226642
PRISON LAW OFFICE
MICHAEL W. BIEN - 96891
GAY CROSTHWAIT GRUNFELD - 121944
SHIRLEY HUEY - 224114
LESLIE C. MEHTA - 258512
SUMANA COOPPAN - 267967
ROSEN, BIEN & GALVAN, LLP
SUSAN L. BURRELL - 74204
CAROLE SHAUFFER - 100226
YOUTH LAW CENTER
Attorneys for Plaintiffs
STIPULATION AND ORDER
SETTING CERTAIN
STANDARDS AND CRITERIA
FOR THE STIPULATED
ORDER FOR INJUNCTIVE
RELIEF
WHEREAS, Defendants requested that the parties engage in the process of drafting certain Standards and Criteria to help measure Defendants' compliance with various requirements of the L.H. Stipulated Injunction ("Injunction"); and
WHEREAS, the parties met and conferred, exchanged drafts over a period of twelve months, and devised a process whereby areas of disagreement are documented in footnotes that appear in body of the Standards and Criteria documents; and
WHEREAS, over the past twelve months, the parties have finalized Standards and Criteria for the following stages of the revocation process: Probable Cause Determination, Notice of Rights, Attorney Appointment, Attorney Access, Return To Custody Assessment, Waiver/Continuance, Expedited Probable Cause Hearing, Probable Cause Hearing, Revocation Hearing, Revocation Extension Hearing, Appeals, ADA Grievances, and Sustainability; and
WHEREAS, true and correct copies of these Standards and Criteria are attached hereto as Exhibit A; and
WHEREAS, there are currently no Standards and Criteria for the Hold and Violation Report stages, but Plaintiffs contend these stages would benefit from future development of Standards and Criteria; and
WHEREAS, Plaintiffs reserve all objections that appear in the footnotes of the Standards and Criteria documents, and do not waive any of those objections in this Stipulation; and
WHEREAS, the parties agree that compliance with these Standards and Criteria is not and may not be used as the sole measure of Defendants' compliance with the L.H. Stipulated Injunction;
IT IS HEREBY STIPULATED that the Standards and Criteria attached hereto as Exhibit A may be adopted by the Court and will be used by the parties as a key method of measurement of Defendants' compliance with this Court's orders, consistent with this Stipulation.
Respectfully submitted,
ROSEN, BIEN & GALVAN, LLP
Gay Crosthwait Grunfeld
Attorneys for Plaintiffs
HANSON BRIDGETT LLP
Paul Mello
Attorneys for Defendants
The Court, having reviewed the parties' Stipulation, and good cause appearing, adopts the parties' stipulation as an order.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT