Opinion
NO. CIV. S-06-2042 LKK/GGH.
February 10, 2011
ORDER
The court HEREBY FINDS that defendants have demonstrated substantial compliance with the following requirements:
• Timely appointment of counsel; • At the time of attorney appointment, provision of a copy of all the evidence on which the State intends to rely or which may be exculpatory; evidence not provided with at least two days' notice shall be excluded unless the state shows good cause; • Attorney will be informed of Return to Custody Assessment by the tenth business day after the hold; • Adequate time for representation; reasonable access to clients and files; confidential phone calls and space in which to meet; observing staff cannot participate in proceedings; • Not accepting waivers of hearing rights or the right to counsel made prior to the juvenile parolee meeting with counsel; waivers of hearings and requests for continuance must be made in writing in the presence of counsel; • Not in custody hearings within 60 days after service and with all due process and ADA protections; and • Revocation may be extended only after a revocation extension hearing (no time-adds or DDMS time extensions). These requirements will therefore no longer be a primary focus of Plaintiffs' or the Special Master's monitoring unless and until it comes to the parties' or the Special Master's attention that there has been a significant decline in compliance.
IT IS SO ORDERED.
DATED: February 9, 2011.