THREE-JUDGE COURT

STIPULATION AND ORDER RE: DESIGN CAPACITY CALCULATIONS FOR INFILL BEDS AT MULE CREEK STATE PRISON AND RICHARD J. DONOVAN CORRECTIONAL FACILITY

UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

STEPHEN REINHARDT, Circuit Judge.

KIMBERLY J. MUELLER, District Judge.

JON S. TIGAR, District Judge.

On June 23, 2014, the Three-Judge Court entered an Order requiring that "if defendants intend to add any future new design capacity, they shall meet and confer with plaintiffs to see if they can reach agreement on how such capacity should be counted and, if so, file a stipulation and proposed order." (June 23, 2014 Order at 8:25-9:1, Plata Dock. No. 2796; Coleman Dock. No. 5172.) In February and March 2016, CDCR activated 1,584 infill beds and corresponding administrative and health care support facilities at Mule Creek State Prison. In December 2016, CDCR activated an additional 792 infill beds and corresponding administrative and health care support facilities at Richard J. Donovan Correctional Facility.

Consistent with this Three-Judge Court's June 23, 2014 Order, the parties have met and conferred, which included tours of both the Mule Creek and Richard J. Donovan facilities and review of relevant data and reports. The parties are in agreement that this additional capacity shall be counted at 137.5 percent of design bed capacity (2,376 beds), for purposes of calculating compliance with the Court's population order.

Pursuant to the foregoing stipulation, IT IS SO ORDERED.