PLATA vs BROWN Extension ORDER (click here to see ORDER)
NO. 2:90-cv-0520 LKK DAD (PC)
REF: PRISON Over Crowding issues.
Federal Court partially grants the extension of time to comply with the original court Order for the prison population reduction benchmark....but adds CONDITIONS.
See saignant points (below) of the Court Order that will finally be affecting LIFER inmates.
Talk about SB260 Youth hearings. What about Elderly Hearings, if over 60 years old and served minimally 25 years of the sentence..... Stay Tune Coming Soon.
CDCR will meet the following interim and final population reduction benchmarks:
(a) 143% of design bed capacity by June 30, 2014;
(b) 141.5% of design bed capacity by February 28, 2015; and
(c) 137.5% of design bed capacity by February 28, 2016.
Defendants (i.e. Governor via BPH and CDCR)) shall also immediately implement the following measures:
(c) Parole certain inmates serving indeterminate sentences (LIFERS) who have
already been granted parole by the Board of Parole Hearings but have future parole dates;
(d) In consultation with the Receiver’s office, finalize and implement an expanded parole process for medically incapacitated inmates;
(e) Finalize and implement a new parole process whereby inmates who are 60 years of age or older and have served a minimum of 25 years of their sentence will be referred to the Board of Parole Hearings to determine suitability for parole;
(h) Implement an expanded alternative custody program for female inmates.
The Court will appoint a Compliance Officer for the purpose of bringing
defendants into compliance with any missed benchmark by ordering inmate releases. If compliance with any benchmark is not achieved within a 30-day period following the expiration of any missed benchmark, the Compliance Officer shall, within seven days, direct the release of the number of inmates necessary to achieve compliance with the missed benchmark and the measures to be followed in selecting the prisoners to be released. The authority of the Compliance Officer shall extend no further than ordering defendants to release inmates necessary to ensure defendants’ compliance with any missed benchmark.
9. To the extent that any state statutory, constitutional, or regulatory provisions,
except the California Public Resources Code, impede the implementation of this order or defendants’ ability to achieve the population reduction benchmarks, all such laws and regulations are waived. Although the Court does not issue a general waiver of the Public Resources Code, defendants may request waivers, as the need arises, of these statutory provisions that are tailored to specific projects.
10. This Court shall maintain jurisdiction over this matter for as long as is
necessary to ensure that defendants’ compliance with the 137.5% final benchmark is durable, and such durability is firmly established.
11. Defendants shall, within 60 days of the date of this order, file with the Compliance Officer under seal, the categories of prisoners who are least likely to reoffend or who might otherwise be candidates for early release (the “Low Risk List”) that this Court previously ordered them to create. The Low Risk List shall not be viewed by the Compliance Officer unless and until he or she is ordered to do so by this Court. Similarly, this Court will not inspect the list unless circumstances so warrant. Defendants shall file an amended list every 60 days, should changes to the list become appropriate.
IT IS SO ORDERED.
Dated: 02/10/14 SIGNED by the 3 Federal Judges
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