Federal Overcrowding Court Order

Revision of Federal Overcrowding Order

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PHILLIP S. CRONIN, COUNTY COUNSEL
J. Wesley Merritt, Chief Deputy #071939
•
2 county of Fresno
2220 Tulare Street, Fifth Floor
3 Fresno, CA 93721
Telephone: (209) 488-3479
4
JOHN HAGAR #81039 FILED
5 LAW OFFICE OF JOHN HAGAR
P.O. Box 86935 FE.B 25 193·1
6 LOs Angeles, CA 90086-0935
Telephone: (213) 626-2089 CLERK, U. S. DISTRICT COURT
7 EASTERN DISTRICT OF CALIfORNIA
or efendants C',' DEPUTY \:1 ; -
ES 0, SHERIFF STEVE MAGARIAN

J' J:vV'
(~ -

" J I~N THE UNITED STATES DISTRICT COURT

JACK c A ER, CLERK, U,S. DISTRICT CaUR:
EASTE NDISTRICT Of CAliFOR I EASTERN DISTRICT OF CALIFORNIA
1 IlY -!r-;=;;,;-;::-=::---!JI'VL?-
DEPUTY CLERK
13
JOHN B. ) No. F-93-5070 JFM [P]
14 )
Plaintiffs, )
15 )
v. ) STIPULATION RE PERMANENT
16 ) INJUNCTION; ORDER
COUNTY OF FRESNO, et al., )
17 )
Defendants. )
18 )

19 ------------------------)
The parties hereby agree and stipulate to the following
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Permanent Injunction:
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1. The parties stipulate that this litigation is a class
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action as defined by Rule 23 of the Federal Rules of Civil
23
procedure.
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2. Defendants shall limit and control the population level
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within the Fresno County Jails as follows:
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/ / /
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COUNTY OF2 NO
Fresno, California
• • •
1 A. Defendants are enjoined from bedding inmates on the

2 floor.

3 NORTH ANNEX JAIL

4 B. Defendants shall operate the North Annex Jail at the

5 bed capacities set forth below:

6 Second Floor Number of Beds

7 Pod A 72
Pod B 72
8 Pod C 72
Pod D 72
9 Pod E 72
Pod F 72
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TOTAL 432
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C. Defendants shall operate the North Annex Jail utilizing
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the five additional correctional officers added to the North
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Annex Jail's staff as part of the settlement concerning
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plaintiffs' Application for Temporary Restraining Order.
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D. Inmates in the North Annex Jail shall be provided
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access to one hour of daily exercise in the North Jail exercise
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area. Recreation time outside the housing unit will not be made
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up for those inmates who are away from the housing unit at other
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activities during the housing unit's regularly scheduled
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recreation. Inmates housed in discipline isolation will not be
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provided with recreation time during their length of stay in
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discipline isolation housing up to a maximum of ten [10]
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consecutive days.
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/ / /
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/ / /
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COUNTY OF ~ NO
Fresno,2 a 'farnis
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1 MAIN JAIL

2 E. Defendants shall operate the Main Jail under the pilot

3 Project approved by the California Board of Corrections with

4 sixteen "general population" housing pods which are triple

5 bunked [768 beds] and operated as dormitories; eight "special

6 handling" pods which are double bunked [256 beds] with special
7 handling inmates having controlled dayroom access; and forty
8 "administrative segregation" cells which will be operated for
9 single occupancy housing [40 beds].

10 F. Defendants shall implement the transition to the

11 housing configurations set forth in paragraph E above under the

12 time phased "pilot Project Staffing and capital project
13 Transition Plan" previously filed with the Court as Exhibit A in
14 the Stipulation approved by the Court on October 29, 1993.
15 Specifically, this Transition Plan establishes the timing of the

16 addition of staff [seven Correctional Sergeants, seventeen

17 Correctional Officers, and one Office Assistant]; the addition
18 of one shower in each general population housing pod; the
19 addition of isometric exercise equipment, etc.
20 G. Defendants shall implement their plan to reduce the
21 noise levels in the Main Jail by providing acoustical treatment

22 for the ceilings of the Main Jail as set forth in the Transition
23 Plan.
24 H. Plaintiffs' counsel Paul Comiskey shall be provided
25 reasonable access to the Main Jail during the pilot Project
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COUNTY OF E NO
Fresno,2~a 'fornia
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1 period to monitor the transition as described above. Defendants
2 shall provide Paul Comiskey with copies of those reports
3 required by the Board of Corrections during the pilot period.
4 Should for any reason the Board of Corrections disapprove the
5 pilot Project, or recommend modifications of the operation of
6 the Main Jail during the pilot period, defendants shall notify
7 plaintiffs' counsel in writing within ten [10) days of receiving
8 such notification from the Board of Corrections. In the event
9 of disapproval or modification of the pilot Project during the
10 pilot period, either party may seek to change the terms of this
11 injunction pursuant to the standards set forth in Rufo v.
12 Inmates of Suffolk County Jail, ___ U.S. ___ , 112 S.ct. 748

13 (1992).
14 I. Inmates housed in the Main Jail shall be offered the

15 opportunity to receive recreation as follows:

16 1. Inmates housed in general population units shall
17 be provided with the opportunity for twenty [20) hours of

18 recreation outside their housing unit each month. These

19 recreation opportunities shall include at least 1.5 hours of
20 roof recreation each week. In addition, general population
21 inmates will receive the opportunity to participate in at least
22 eight indoor recreation sessions outside their housing unit each

23 month. 1

24

25 1 General population inmates are currently housed in pods

C, D, E, and F on each Main Jail floor.
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COUNTY OF t NO
Fresno,2Ca 'farnia
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1 2. Inmates housed in Administrative Segregation and
2 Special Housing units shall receive twelve [12] hours of
3 recreation each month outside their housing unit each month in
4 addition to dayroom access as appropriate for administrative
5 segregation and special housing inmates. 2

6 3. Recreation time outside the housing unit will not

7 be made up for those inmates who are away from the housing unit
8 at other activities during the housing unit's regularly
9 scheduled recreation. Inmates housed in discipline isolation
10 will not be provided with recreation time during their length of
11 stay in discipline isolation housing up to a maximum of ten [10]
12 consecutive days.

13 4. The provisions for Main Jail recreation outside

14 the housing unit shall begin after the completion of the
15 renovations required by the Board of Corrections pilot Project
16 as set forth in the aforementioned Transition Plan;3

17 5. Defendants shall make available to the Sheriff's

18 Department jail recreation specialists the "Recommendations and

19 Suggestions" of Dr. Edward Bernauer dated December 31, 1993.

20 Defendants shall retain, evaluate, and consider implementing
21 those suggestions that they deem reasonable and useful,
22 reserving the right to implement none of those suggestions.

23
2 Administrative segregation and special housing inmates
24 are currently housed in units A, B, and FF on each floor.
25 3 Defendants anticipate those renovations to be completed
by July 1, 1994.
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COUNTY OF t NO
Fresno,2Ca 'farDia
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1 SOUTH ANNEX JAIL

2 J. Defendants shall operate the South Annex Jail at the

3 following capacities:

4 SAJ 1 A [DORM) 45 beds

5 SAJ 1 B [DORM) 15 beds

6 SAJ 1 C [DORM) 45 beds

7 SAJ 1 D [ DORM) 20 beds

8 SAJ 1 E [DORM) 6 beds 4

9 SAJ 1 F 20 beds

10 SAJ 1 G 36 beds

11 SAJ 2 D 6 beds

12 SAJ 2 F 24 beds

13 SAJ 2 G 48 beds

14 SAJ 3 A 24 beds

15 SAJ 3 B 24 beds

16 SAJ 3 C 43 beds

17 SAJ 3 D 43 beds

18 SAJ 3 F 24 beds

19 SAJ 3 G 48 beds

20 SAJ 4 A 50 beds

21 SAJ 4 B 8 beds

22 SAJ 4 C 50 beds

23 SAJ 4 D 32 beds

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4 The agreed upon population for each South Annex Jail
25 dormitory is 140% of said dormitory's Board of corrections "rated
capacity."
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COUNTY OF ~ NO
FresDo,2 a . farnia
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 "-
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,

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1 SAJ 4 F 32 beds
2 SAJ 4 G 32 beds
3 K. The above referenced dormitories shall be offered the

4 opportunity to receive 30 hours of recreation per month in

5 either the South Annex Jail's indoor or outdoor recreation
6 areas. All other housing units in the South Annex Jail shall be
7 offered the opportunity to receive 20 hours of recreation per
8 month in either the South Annex Jail's indoor or outdoor

9 recreation areas. Recreation time outside the housing unit will

10 not be made up for those inmates who are away from the housing
11 unit at other activities during the housing unit's regularly
12 scheduled recreation. Inmates housed in discipline isolation
13 will not be provided with recreation time during their length of

14 stay in discipline isolation housing up to a maximum of ten [10]

15 consecutive days.

16 L. The provision for South Annex Jail exercise outside

17 the housing unit shall begin when the Fresno Superior Court
18 reopens and vacates the recreation and exercise orders set forth
19 in Lynn Po lard et al, v. Harold MCKinney, Case No. 227358-9,
20 dated July 7, 1978; Paul Daniels et al, v. Harold McKinney, Case

21 No. 259869-6, dated January 30, 1981; In re Richard Morgan, Case

22 Nos. 281302-0, 281438-2, 284164-1, dated January 17, 1983; In re
23 Richard Morgan, Case Nos. 308318~5, 316580-0, dated March 27,
24 1985; In re Steven Ransbury. et al., Case Nos 286040-1, 285427-
25 1, 289487-1, dated April 29, 1985. Counsel for plaintiffs shall

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COUNTY OF t NO
Fresno,2ca 'fornia
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1 cooperate with counsel for defendants in filing and appearing in
2 court, if necessary concerning the County's motion to reopen and
3 vacate those orders.

4 3. The Sheriff of Fresno County is authorized by this

5 order to release inmates from the Fresno County Jail System or

6 refuse to accept inmates for booking into the Fresno County Jail
7 System whenever the Fresno county Jail System, or any facility
8 therein, or any specific housing unit therein, reaches ninety
9 percent [90%) of capacity. The Sheriff shall release inmates or

10 refuse to accept newly-committed inmates when the total

11 population of the Fresno County Jail System, or any facility
12 therein, or any housing unit therein, reaches one hundred
13 percent (100%) of capacity.

14 4. Either party may seek to change the terms of this

15 injunction pursuant to the standards set forth in Rufo v.

16 Inmates of Suffolk County Jail, ___ u.S. ___ , 112 S.ct. 748

17 (1992).
18 5. In the event that an emergency threatens the Sheriff's
19 ability to comply with these orders, counsel for defendants will

20 notify counsel for plaintiffs no later than the next business

21 day.

22 6. Defendants shall pay to plaintiffs' counsel Paul

23 Comiskey attorney fees in the amount of $33,000.00 at the time
24 of the filing of the Final Judgement.

25 7. The parties stipulate that the Honorable Gregory

26
COUNTY OF ~ NO
Fresno,2Ca 'fornia
8
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 • •
1 Hollows be the judge for all purposes concerning the fairness
2 hearing and Final Judgement in this case.

4 IT IS SO STIPULATED:

6 DATED: January ;1. ~ , 1994

7 Defendants

9
DATED: February ---- ,
J 1994
J. WESLEY MERRITT
Attorney for Defendants
10

11 DATED: February _y~ __ , 1994

PAUL COMISKEY
12 Attorney for Plainti

13
* * * *
14
ORDER
15

16 IT IS SO ORDERED.

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18 DATED: February ~]', 1994

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COUNTY OF [R NO
Fresno,2ca 'fornia
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1 KEVIN B. BRIGGS
County Counsel
2 MICHAEL R. LINDEN
Deputy County Counsel – State Bar No. 192485
3 2220 Tulare Street, Ste. 500
4 Fresno, California 93721
Telephone: (559) 600-3479
5 Facsimile: (559) 600-3480

6 JOHN H. HAGAR, ESQ. – State Bar No. 80139

1809 “S” Street, Suite 101-215
7 Sacramento, California 95811
Telephone: (415) 215-2400
8
9 Attorneys for Defendants COUNTY OF FRESNO and MARGARET MIMS, FRESNO
COUNTY SHERIFF
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
13 JOHN B. CRUZ, et al., Case No. 1:93-cv-05070-MCE
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Plaintiffs, STIPULATED MODIFICATION RE JAIL
15 CAPACITY; ORDER
vs.
16
COUNTY OF FRESNO, et al.,
17
Defendants.
18
19
20 Unanticipated changes in fact and law have arisen t hat require the parties to

21 modify the terms of the Stipulation Re Per manent Injunction; Order filed F ebruary 25,

22 1994 (“Order”). Specifically:

23 A. At the time of the Order, defendants were engaged in programs to expand the

24 Fresno County jail system, including the constr uction of additional jail housing units.

25 The expansion was completed, and the new housing unit s staffed and made

26 operational. However, over the past seve ral years unanticipated and severe budget

27 shortfalls faced by t he State of Califor nia (“State”), and by defendants, created

28 circumstances whereby defendant s have been unable to staff all of the housing units
1
Modification re. Jail Capacity Case No. 1:93-cv-05070-MCE
1 in the Fresno County jail system . As a result, some housing units have been rendered
2 unusable.
3 B. In response to serious budget shor tfalls, and in res ponse to a United States
4 Supreme Court decision affirming a thr ee-judge panel order requiring time-phased
5 reductions of the inmate population in the California Department of Corrections and
6 Rehabilitation (“CDCR”), t he State has effectuated an unanticipated change in the
7 California law governing incarce ration responsibilities. Pursuant to recent legis lation
8 commonly known as “realignment” (includi ng Assembly Bills 109 and 117), the State
9 has transferred responsibility for the incarcerat ion of certain clas sifications of offenders
10 and parolees from state prison to county ja ils. However, questions have arisen
11 concerning the availability of funding necessary to house these additional inmates in the
12 Fresno County Jail. Furthermo re, while the long term impac t of realignment cannot yet
13 be measured, serious initial problems have arisen because of: (a) t he transfer of more
14 inmates into the Fresno County Jail than th e CDCR had estimated; (b) an increase in
15 the average length of stay for inmates in t he jail bec ause of these transfers, thereby
16 limiting the beds available for new book ings; (c) additional classi fication challenges
17 created by the influx of former state prisoners; and (d) increased correctional and health
18 care costs.
19 In addition, on July 14, 2011, the Fresno Co unty Superior Court filed a motion to
20 intervene in this matter, seeking clarificatio n of the term “capacities,” as s et forth in
21 paragraphs 2.B. and 2.J. of t he Order; and the term “capacity” as set forth in paragraph
22 3 of the Order. Specifically, the question was raised whether the term “capacity” should
23 be defined as “design capacity” or “actual staffed capacity.”
24 Because of the unanticipated changes of fact and law set forth above, the parties
25 stipulate, pursuant to paragraph 4 of the Order, to modify the Stipulation Re Permanent
26 Injunction; Order filed February 25, 1994 as follows:
27 1. The term “capacities,” as set forth in paragraphs 2.B., and 2.J. of the Order, is
28 defined as actual staffed capacities.
2
Modification re. Jail Capacity Case No. 1:93-cv-05070-MCE
1 2. The term “capacity,” as set forth in paragraph 3 of the Order, is defined as
2 actual staffed capacity.
3
4 IT IS SO STIPULATED.
5 Dated: December 5, 2011
6 KEVIN B. BRIGGS
County Counsel
7
8 By: /s/ Michael Linden____________
9 Michael R. Linden, Deputy
Attorney for Defendants
10 COUNTY OF FRESNO and
MARGARET MIMS, FRESNO COUNTY
11 SHERIFF
12
13 Dated: December 5, 2011
14
15 By: /s/ John Hagar_________________
JOHN H. HAGAR
16
Attorney for Defendants
17 COUNTY OF FRESNO and
MARGARET MIMS, FRESNO COUNTY
18 SHERIFF
19
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Dated: December 5, 2011
21
22 By: /s/ Paul Comiskey_________________
PAUL COMISKEY
23
Attorney for Plaintiffs
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Modification re. Jail Capacity Case No. 1:93-cv-05070-MCE
1 Dated: December 5, 2011
2
By: /s/ Catherine Campbell___________
3 CATHERINE CAMPBELL
4 Attorney for Plaintiffs

5
IT IS SO ORDERED.
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7
Dated: February 13, 2012
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9 __________________________________
MORRISON C. ENGLAND, JR
10 UNITED STATES DISTRICT JUDGE
11 DEAC_Signature-END:

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Modification re. Jail Capacity Case No. 1:93-cv-05070-MCE