Proposed Workload Budget
Court and Lawsuit-Related Issues


PLATA V. SCHWARZENEGGER
 The 2007 Budget Act includes an appropriation of $125 million along with language that allows for the transfer of these funds for the purpose of funding activities of the Receiver appointed by the court in Plata v. Schwarzenegger , and for coordinated activities of the Receiver, and the Coleman v. Schwarzenegger and Perez v. Tilton courts. Of this amount, approximately $26.2 million has been transferred to date, resulting in ongoing costs of approximately $14.3 million, which are included in the Governor's Budget. In addition to funding these costs, the Governor's Budget includes $1.7 million to establish an Office of Third Level Health Care Appeals, $45.8 million to expand Health Care Access Units to all institutions, $26 million for the California Prison Health Care Receivership Corp. operating budget, and the elimination of $125 million in unallocated funding. This represents approval of $73.5 million of the Receiver's funding proposals, which totaled $168.9 million in 2007-08 and $369.3 million in 2008-09.


CALIFORNIA PRISON HEALTH CARE RECEIVERSHIP
 In April 2001, a class-action lawsuit, now known as Plata v. Schwarzenegger , was filed in federal court contending that the state was in violation of the Eighth and Fourteenth Amendments to the United States Constitution by providing inadequate medical care to prison inmates. On June 30, 2005, the court ordered the establishment of a receivership to take control of the CDCR's medical care system due to the state's delay in successfully implementing the changes required by the Stipulated Agreement for Injunctive Relief, entered into as the settlement of the Plata v. Schwarzenegger case. The Receiver was appointed in February 2006 and has broad authority over CDCR's medical care program.

The Receiver also submitted nine placeholder budget requests, including one capital outlay proposal that will be considered during the spring process. The initial cost estimate by the Receiver for these requests is $104.3 million in 2007-08 and $518.9 million in 2008-09. The most significant cost is for capital outlay projects to improve CDCR's health care facilities, which represents $84 million of the 2007-08 request and $415.1 million of the 2008-09 request. The Receiver has indicated a need for an additional 5,000 medical beds. Despite the lack of specifics as to this proposal, in recognition of the resources necessary to keep the Receiver's capital outlay program moving forward, the Governor's Budget proposes to make the $2.5 billion previously appropriated for infill beds, reentry facilities, and medical/mental health/dental treatment and housing in Phase II of AB 900 available for the Receiver's use.

The Administration continues to work cooperatively with the Receiver to address correctional medical care in the most efficient and comprehensive manner possible. However, because the Receiver's 2008-09 budget requests did not contain the level of workload data and information regarding baseline resources that is typically necessary in order for the Administration to include a proposal in the Governor's Budget, and the timing of receipt of the proposals made it difficult to ascertain this information through an iterative process, the Receiver's entire funding request has not been included in the Governor's Budget. Out of respect for the federal court, and the Receiver's obligations to the court, the entire budget request as presented by the Receiver will be submitted to the Legislature. In addition, the medical care services budget, nearly $1.6 billion in 2008-09, has been exempted from the budget-balancing reduction plan (discussed below), which will significantly reduce CDCR's institution population, resulting in savings in the medical care services program and thereby freeing up resources for other activities and priorities of the Receiver.


PEREZ V. TILTON
 Perez v. Tilton is a class action lawsuit alleging that the CDCR fails to provide adequate dental care to inmates, causing permanent and unnecessary damage to their health in violation of the Eighth Amendment to the United States Constitution. The Governor's Budget includes $2.6 million General Fund to continue the state's efforts to comply with the Perez v. Tilton lawsuit. This augmentation will provide funding for the establishment of a Statewide Deputy Dental Director, Regional Dental Directors, and associated support staff, and the creation of a Dental Authorization Review committee which will be responsible for reviewing dental treatment plans, reviewing and making recommendations on requests for otherwise excluded dental services, and evaluating the cost efficiency and effectiveness of the dental services provided to inmates.


LUGO V. SCHWARZENEGGER
 Lugo v. Schwarzenegger is a class action lawsuit, brought by inmates with life sentences with the possibility of parole, which alleged that the Board of Parole Hearings was not conducting parole eligibility hearings within the statutory time frames. The Governor's Budget includes $8.2 million General Fund in 2008-09 to continue state efforts to comply with the requirements of Lugo . This augmentation provides resources for additional Commissioners to conduct hearings for inmates sentenced to life in prison, initial psychological evaluations and follow-up psychological evaluations for these inmates who are eligible for parole, and increased workload associated with hearing file preparation and psychological evaluation file preparation for this population.


VALDIVIA V. SCHWARZENEGGER
 Valdivia v. Schwarzenegger is a class action lawsuit, filed by parolees, which alleged that California's parole revocation process violated parolee and prisoner due process rights under the Fourteenth Amendment to the United States Constitution. The Governor's Budget includes $1.2 million General Fund in 2007-08 and $5.3 million General Fund in 2008-09 to ensure continued compliance with the Valdivia Remedial Plan. Included in these funds are $1.1 million in 2008-09 for the CDCR's Division of Addiction and Recovery Services to manage and implement 1,800 statewide community-based treatment beds for parolees.


ARMSTRONG V. SCHWARZENEGGER
 The Governor's Budget includes $15.7 million General Fund in 2007-08 and $43.9 million General Fund in 2008-09 to continue state efforts to comply with the requirements of the Armstrong v. Schwarzenegger lawsuits. Major components of this augmentation include the following:

  • $6.9 million to conduct field file and information tracking system reviews prior to parole proceedings, enter parolee disability information based on observations and parolee self disclosure within 24 hours, and provide computer training for parole agents and basic Americans with Disabilities Act (ADA) concept training to all Division of Adult Parole Operations field staff.
  • $14.9 million to enter, track, analyze and control the quality of the ADA program within the CDCR's automated facility maintenance system, implement ADA structural improvements within the institutions, and improve the path of travel within the institutions.

    • ARMSTRONG V. SCHWARZENEGGER
     The Armstrong lawsuits alleged that the CDCR and the Board of Parole Hearings (Board) violated provisions of the ADA and the Fourteenth Amendment to the United States Constitution right to due process. In 1996, the CDCR entered into a settlement agreement to develop a Disability Placement Program. This settlement is commonly referred to as Armstrong I . In 1999, the United States District Court found that the Board had violated disabled inmates' and parolees' rights under the ADA and issued a permanent injunction to remedy the violations. This injunction is commonly referred to as Armstrong II .

  • $16.2 million ($15.3 million in 2007-08) to provide connectivity and computers to all correctional counselors at the institutions and create a statewide integrated real-time computerized tracking and compliance system.
  • $4.4 million to increase self-monitoring tours in order to capture a statistically significant sampling of the affected population.

L.H. V. SCHWARZENEGGER
 L.H. v. Schwarzenegger is a class action suit filed by juvenile parolees alleging that California's parole revocation process violates due process rights under the Fourteenth Amendment to the United States Constitution. The Governor's Budget includes $2 million General Fund in 2007-08 and $2.9 million General Fund in 2008-09 to provide staffing and resources to address juvenile parole due process elements not currently being met, such as, conducting revocation hearings in a timely manner and ensuring the appointment of counsel and appearances of witnesses at hearings throughout the parole revocation process.


FARRELL V. TILTON
 Farrell v. Tilton is a taxpayer lawsuit alleging that the DJJ fails to provide adequate care and services to juvenile offenders housed in DJJ facilities. In November 2004, the state entered into a consent decree whereby the state concurred with the basis of the lawsuit and agreed to address the issues of conditions of confinement in DJJ facilities. The Governor's Budget includes $1.6 million General Fund in 2008-09 to comply with the Farrell lawsuit. Specifically, the Budget includes $513,000 on a two-year limited-term basis to revise, develop and adopt regulations, and develop and implement policies and procedures as required by the Farrell lawsuit. The Budget also includes $1.1 million to provide the DJJ with additional information technology staff to support enhancements to the Ward Information Network as required by the Farrell lawsuit.
image of backward arrow image of forward arrow
CHAPTER HIGHLIGHTS for Corrections and Rehabilitation Back to Top

 Proposed Workload Budget
  Adult Population Adjustments
  Juvenile Population Adjustments
  Implementation of AB 900
 image of black pointing arrowCourt and Lawsuit-Related Issues
  Other Workload Issues
  Incarceration of Undocumented Felons
 Proposed Budget-Balancing Reductions
PRINTABLE BUDGET DOCUMENTS Back to Top
Budget Summary - Corrections and Rehabilitation (pdf * - 250K) -
Provides this entire Corrections and Rehabilitation Chapter in pdf format.
ADDITIONAL INFORMATION Back to Top
Proposed Budget Detail - Corrections and Rehabilitation
Displays Proposed Budget Detail information for Corrections and Rehabilitation.