Armstrong v. Davis Board of Prison Terms Parole Proceedings Remedial Plan (ARPII)

Policy

Coordination of services and accommodations

I. POLICY

It is the policy of the California Department of Corrections (CDC) and the Board of Prison Terms (BPT) to provide equal access to all parole proceedings to inmates/parolees with disabilities, with or without reasonable accommodation, consistent with legitimate penological interests. Access to parole proceedings shall be consistent with terms outlined in the Armstrong v. Davis Court Ordered Remedial Plan Amended January 3, 2001,the Clark v. California Remedial Plan Amended December 3, 2001, and the Board of Prison Terms Policies and Procedures filed with the Court pursuant to Armstrong v. Davis Permanent Injunction of December 23, 1999.

No qualified inmate or parolee with a disability as defined in Title 42 of the United States Code, Section 12102 shall, because of that disability, be excluded from equal and effective participation, to the best of their ability, in BPT hearings.

II. PURPOSE

Pursuant to the Armstrong v. Davis Injunction, CDC is mandated to carry out the role of processing inmates/parolees for BPT parole proceedings. It is the purpose of this Remedial Plan to establish procedures for the implementation of the Injunction.