Right to a Reasonable Accommodation
The policy contained within this Armstrong v. Davis Board of Prison Terms Parole Proceedings Remedial Plan specifically applies to BPT parole proceedings. Parole proceedings by definition include: Service of Hearing Rights, Screening Offers, Revocation Hearings, Revocation Extension Hearings, Life Prisoner Hearings (Documentation Hearings, Initial Parole Consideration Hearings, Subsequent Parole Consideration Hearings, Progress Hearings, Rescission Hearings and In Re Stanworth Hearings), Mentally Disordered Offender (MDO) Hearings, and Sexually Violent Predator (SVP) Hearings. Parole proceedings also include any event related to the hearing that occurs before or after the hearing, including preparations for the hearing, psychiatric evaluations, Central File (C-File) reviews, obtaining letters of support, developing lifer parole plans, and administrative reviews. The Remedial Plan applies to all of the Department’s institutions, parole facilities, and to all inmates/parolees who have disabilities under the Americans with Disabilities Act (ADA) whether or not the disability impacts placement.
The CDC will make all reasonable
efforts to secure the funding necessary to implement the provisions of
this Remedial Plan. During
the first year of the implementation process, CDC may modify the Remedial
Plan to provide a more effective remedy.
However, CDC is required to notice Plaintiffs’ counsel regarding
any changes to this Remedial Plan.
The CDC will reevaluate this Remedial Plan in one year following implementation to determine whether there are adequate staff resources to effectively provide the services required by this Plan. The CDC will make reasonable and good faith efforts to obtain additional funding through the existing State budget approval process, if necessary.