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 FEDERAL COURT DENIES THE STATE'S MOTION TO TERMINATE MEDICAL CARE RECEIVERSHIP AND STOP CONSTRUCTION OF PRISON MEDICAL FACILITIES March 24, 2009 -- The federal judge overseeing the Plata v. Schwarzenegger class action case issued an Order denying the State's motion to terminate the appointment of the Receiver who is overseeing efforts to remedy unconstitutional medical care conditions in California's prisons. The judge expressed a lack of confidence that the State would provide constitutionally-adequate medical care or maintain improvements made under the Receiver's supervision. The judge also denied the state's motion to terminate the Receiver's plan to construct improved medical care facilities. For background information about the Plata case, see the Major Cases page. FEDERAL THREE-JUDGE COURT ISSUES TENTATIVE RULING TO LIMIT PRISON POPULATION February 10, 2009 -- Three federal judges have issued a tentative ruling which, if made final, will require the state of California to reduce its prison population. The judges found that overcrowding is the primary cause of unconstitutional conditions in California's prisons, such as the system's inability to provide competent and timely health care for prisoners. The judges also found compelling evidence that reducing the prison population is the only way to address the problems. The judges announced that they expect to order the state to reduce the population to 120% to 145% of the prison system's design capacity (currently the prisons are operating at close to 200% of design capacity) within a period of two to three years. The judges put the burden on the state to propose specific means and timelines for carrying out the population reduction. A trial on the issue was initiated when federal judges who oversee California's prison medical and mental health care systems ordered that a three-judge court be convened to consider placing limits on California's prison population. View the Plata v. Schwarzenegger Order and the Coleman v. Schwarzenegger Order. The orders were issued after the judges concluded that California prisons are unable to provide constitutionally-adequate medical care (Plata) and mental health care (Coleman) due in part to severe overcrowding. The three-judge trial began on November 18, 2008. For an overview, see our information letter (updated 2/10/2009); for more detailed background information on the Plata and Coleman cases, visit our Major Cases page. SPECIAL MASTER RELEASES REPORTS ON REFORMING CALIFORNIA'S JUVENILE JUSTICE SYSTEM
February 2009 -- The Special Master in the Farrell v. Hickman case has released the Eighth Quarterly Report with appendices concerning Education (A), Disabilities (B) and Sex OffenderTreatment (C). Farrell case is a class-action lawsuit brought to remedy abysmal conditions in the California Department of Juvenile Justice (DJJ), the state's lock-up units for young offenders. For more information on the case, or to review prior expert and special master reports, please visit the Major Cases page. PRISON LAW OFFICE RELEASES REPORT ON REFORM OF CALIFORNIA'S JUVENILE JUSTICE SYSTEM PURSUANT TO SENATE BILL 81. January 6, 2009 -- Senate Bill 81, which became law in August 2007, made sweeping changes to California's juvenile justice system by imposing strict eligibility requirements for commitment to state juvenile facilities and channelling resources into county juvenile systems. A new Report released by the Prison Law Office examines how counties are adapting to the changes, ways in which implementation could be improved and shortcomings in the legislation. PRISON LAW OFFICE ANALYSIS AND SUMMARY OF PROPOSITION 9 (MARSY'S LAW) November 5, 2008 -- Proposition 9, which affects the rights of prisoners and parolees, was was passed by California voters on November 4, 2008 and took effect on November 5, 2008. For more information about Proposition 9, please review the Prison Law Office's Proposition 9 Information Letter and Summary and Analysis of Proposition 9 (Marsy's Law). PRISON LAW OFFICE ATTORNEYS SEEK INFORMATION ON CONDITIONS IN SACRAMENTO COUNTY JUVENILE HALL August 11, 2008 -- Prison Law Office attorneys are seeking information about the Sacramento County juvenile hall as part of a taxpayer lawsuit challenging inhumane conditions in that facility. If you can provide information, please go to www.myspace.com/prisonlawoffice. The suit was initiated in a Complaint filed on August 28, 2006. A Third Amended Complaint was filed in the case on September 1, 2007. The suit is part of a large-scale effort to improve conditions in California's juvenile halls, NEW EDITION OF THE CALIFORNIA STATE PRISONERS HANDBOOK AVAILABLE NOW! July 18, 2008 -- A new version of The California State Prisoners Handbook (4th ed. 2008) is ready for distribution. This 1,100-page volume discusses in plain language the case law, statutes and regulations governing a wide variety of legal topics of interest to California prisoners and their advocates. It also includes numerous sample forms, model pleadings and resources lists. In the Fourth Edition, the text has been fully updated and many parts of the book have been expanded or revised. Here is the order form that you can use to purchase the book. SAN JOAQUIN JUVENILE HALL AGREES TO REFORMS June 19, 2008 -- Officials responsible for San Joaquin County's juvenile hall have agreed to make numerous improvements in conditions to ensure the safety and humane treatment of wards housed in that facility. The agreement is set forth in a Consent Decree filed in a taxpayer lawsuit brought as part of a statewide effort to address serious problems in the juvenile halls. Learn more about the case from this Press Release. You can also read the original Complaint in the lawsuit, which was filed on April 25, 2006. SPECIAL MASTER RELEASES REPORTS ON REFORMING CALIFORNIA'S JUVENILE JUSTICE SYSTEM
April 2008 -- The Special Master in the Farrell v. Hickman case has released a Seventh Quarterly Report. The Farrell case is a class-action lawsuit brought to remedy abysmal conditions in the California Department of Juvenile Justice (DJJ), the state's lock-up units for young offenders. For more information on the case, or to review prior expert and special master reports, please visit the Major Cases page.
STATE PRISONS ORDERED TO IMPROVE DENTAL TREATMENT September 8, 2006 -- An Amended Stipulation and Order filed in the class action lawsuit Perez v. Tilton on August 21, 2006 requires the California Department of Corrections and Rehabilitation to provide adequate dental care for state prisoners. Pursuant to this federal court order, the CDCR must implement new procedures and policies to ensure that prisoners receive competent and timely dental treatment. Compliance will be monitored by the prisoners' attorneys and their consultants, as well as independent court-appointed experts. NEW LAWSUITS FILED TO END INHUMANE AND ILLEGAL CONDITIONS IN COUNTY JUVENILE HALLS September 5, 2006 -- A statewide drive to end illegal and inhumane conditions in California county juvenile halls started with the filing of a Complaint in San Francisco County Superior Court on April 19, 2006. The lawsuit seeks court orders requiring the state authority responsible for being a watchdog over juvenile halls -- the Corrections Standards Authority (CSA) -- to fulfill its duties and take action to correct intolerable conditions. Such conditions include severe overcrowding, lack of access to school programs, endemic violence, excessive use of force by staff, and virtually non-existent mental health care. You will need Acrobat Reader to view some of these documents. |
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