Filed: Sep. 01, 2016
Latest Update: Sep. 01, 2016
Summary: AMENDED STIPULATION AND ORDER MODIFYING FEBRUARY 3, 2015 ORDER REGARDING FIRST WATCH SECURITY/WELFARE CHECKS AT PELICAN BAY STATE PRISON SECURITY HOUSING UNIT KIMBERLY J. MUELLER , District Judge . The parties, with the concurrence of the Special Master, stipulate as follows: On February 3, 2015, the Court entered an order adopting the Special Master's expert's recommendations on suicide prevention (ECF No. 5271), including the recommendation that CDCR continue to implement and monitor the
Summary: AMENDED STIPULATION AND ORDER MODIFYING FEBRUARY 3, 2015 ORDER REGARDING FIRST WATCH SECURITY/WELFARE CHECKS AT PELICAN BAY STATE PRISON SECURITY HOUSING UNIT KIMBERLY J. MUELLER , District Judge . The parties, with the concurrence of the Special Master, stipulate as follows: On February 3, 2015, the Court entered an order adopting the Special Master's expert's recommendations on suicide prevention (ECF No. 5271), including the recommendation that CDCR continue to implement and monitor the ..
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AMENDED STIPULATION AND ORDER MODIFYING FEBRUARY 3, 2015 ORDER REGARDING FIRST WATCH SECURITY/WELFARE CHECKS AT PELICAN BAY STATE PRISON SECURITY HOUSING UNIT
KIMBERLY J. MUELLER, District Judge.
The parties, with the concurrence of the Special Master, stipulate as follows:
On February 3, 2015, the Court entered an order adopting the Special Master's expert's recommendations on suicide prevention (ECF No. 5271), including the recommendation that CDCR continue to implement and monitor the May 9, 2014 directive for twice-hourly Security/Welfare Checks at the Pelican Bay State Prison Security Housing Unit (SHU).
In response to concerns and suggestions raised by Plaintiffs' counsel and the Special Master that the welfare checks were disturbing inmates' sleep, the parties agreed to assess the noise levels at the Pelican Bay SHU. On December 28, 2015, this Court approved the parties' stipulation that Security/Welfare checks utilizing Guard One at the Pelican Bay SHU temporarily be conducted only once per hour during First Watch (2200 hours to 0600 hours), while Defendants worked to assess and possibly reduce the noise caused by the opening and closing of the Unit's pod doors. Order, Dec. 28, 2015, ECF No. 5393. That stipulation expired by its terms on May 1, 2016, but was extended by further stipulations of the parties and orders of the Court until August 31, 2016. Id.; Stipulation Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU, Apr. 29, 2016, ECF No. 5437; Order, May 3, 2016, ECF No. 5438; Stipulation Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU, June 29, 2016, ECF No. 5465; Order, June 30, 2016, ECF No. 5467.
CDCR completed its assessment of the noise issues raised by Plaintiffs and submitted a report to the Special Master and Plaintiffs on July 1, 2016. In response to allegations raised by plaintiffs' counsel, CDCR instituted several measures to reduce the noise generated by the security/welfare checks. Without agreeing that the Security/Welfare checks utilizing Guard One at the Pelican Bay SHU create excessive noise levels or cause any harm to inmates, CDCR has agreed to conduct Security/Welfare checks utilizing Guard One at the Pelican Bay SHU only once per hour during First Watch (2200 hours to 0600 hours) on a permanent basis.
Therefore, the parties seek a permanent modification of the Court's February 3, 2015 Order to provide for the Security/Welfare checks utilizing Guard One to be conducted only once per hour during First Watch (2200 hours to 0600) hours at the Pelican Bay SHU.
ORDER
Pursuant to the foregoing stipulation, and to address the concerns and suggestions raised by Plaintiffs' counsel and the Special Master, IT IS SO ORDERED.
