From Denny Walsh:
A Sacramento federal judge has ordered sweeping reforms to the parole revocation system for California juveniles, including an accelerated schedule of hearings to quickly determine whether revocation is merited.
U. S. District Judge Lawrence K. Karlton earlier ruled the failure of state authorities to hold probable cause hearings and appoint counsel for juvenile parolees violated the Constitution and two landmark U. S. Supreme Court decisions.
He issued a statewide permanent injunction Tuesday ordering state officials to:
- Notify a juvenile parolee of the charges within three days of placing a hold on the parolee. A hold is akin to an arrest warrant.
- Make sure a juvenile parolee has an attorney throughout the revocation process.
- Provide a hearing within eight business days after notification of the charges if a defense lawyer has made a good argument there is no basis to hold the parolee. Otherwise, provide a hearing within 13 days of the hold to find out if there is probable cause to detain the parolee.
- Convene a final revocation hearing on or before the 35th calendar day after placement of the hold.
- Set up "a clearer, prompt appeal system," with appeals of revocation to be decided within 10 business days.
Under the injunction's terms, those and other changes in juvenile parole revocations must be implemented by Dec. 15.
The class action lawsuit was filed more than two years ago challenging the way California treats juveniles arrested on alleged parole violations.
The multifaceted injunction's provisions were earlier agreed to by attorneys for juvenile parolees, Gov. Arnold Schwarzenegger, and state officials in charge of the California Department of Corrections and Rehabilitation, Division of Juvenile Justice, Board of Parole Hearings, and Juvenile Parole Board.
Karlton retains jurisdiction over the case to enforce the terms of the injunction. He has appointed a special master - Chase Riveland, a corrections consultant from Deer Harbor, Wash. - who will monitor compliance.
"There should be a more accurate outcome of revocation actions, because the parolee now will have the ability to understand and make an intelligent contribution to the proceedings," said Michael Bien, an attorney for the parolees.
"The state has also committed to consider alternatives to re-incarceration, such as drug treatment programs and halfway houses," he said. "That's good for public safety, good for the state, and good for our clients."
Chuck Supple, executive officer of the Juvenile Parole Board, said the injunction "will definitely strengthen the parole system and make sure it protects the rights of youths as well as the public."
"We've already met a number of requirements of the order," Supple said. "Since February, every youth has been provided with legal counsel. Since April, every youth has received a probable cause hearing."
As of Oct. 1, there were 2,207 juvenile parolees, 1,826 of which were out of custody and under supervision. There were 127 unaccounted for, with warrants issued for their arrests.
Of the 254 parolees pending revocation proceedings, 173 were confined at local jails or juvenile halls, and 81 confined to a state juvenile or adult facility.
Other mandates of Karlton's injunction include:
- Sentencing of a juvenile for a parole violation will be fixed and no more than a year.
- A disabled juvenile parolee will be given more time with an attorney to prepare for hearings, supplied with forms that accommodate the disability, and provided - as needed - with interpreters, hearing aids, computer readers and magnifying devices.
- A grievance process will be put in place to address claims that disability accommodations were denied.
Karlton is one of three judges riding herd on certain aspects of corrections management in California.
He presides in a long running, class action lawsuit that seeks to bring mental health care of state prisoners up to constitutional standards. He also presides in a class action similar to the juvenile parolees' suit that has mandated a constitutional revocation process for adult parolees. And he is a member of a three-judge panel that will decide whether prison overcrowding is a factor in sub-standard health care for inmates.
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