California Division of Juvenile Justice - Litigation

Litigation

Beginning in 2000, CYA was featured regularly in news headlines across the state. Local and national media reported rampant violence, staff-on-ward beatings, canine attacks, multiple suicides, extended 23-hour lockdowns, and children attending classes while confined in cages. That year, a Sacramento federal judge rejected a class action suit on behalf of all CYA inmates, declaring they had failed to back up claims forming the basis of their bid for sweeping revisions of CYA policies and procedures.

The judge did allow three defined groups of wards to sue in three specific categories of contention on constitutional grounds. Wards forcibly medicated with a psychotropic drug without a hearing were enabled to challenge CYA's forced drugging policy. Wards committed for sexual offenses were allowed to challenge sex offender treatment programs in which they were placed. Wards placed in isolation for their own safety without a hearing were also allowed to proceed with litigation.

In a separate lawsuit, the Prison Law Office complained that "Rehabilitation cannot succeed when the classroom is a cage and wards live in constant fear of physical and sexual violence from CYA staff and other wards." In January 2002, a federal conditions lawsuit was filed against CYA by a coalition including the Prison Law Office. The suit was refiled In January 2003, as Farrell v. Harper (later renamed Farrell v. Hickman. The parties agreed to jointly select national experts to determine the nature and extent of the CYA's problems. By 2004, Governor Schwarzenegger had settled that lawsuit and pledged to make significant changes, but his administration has missed several court-imposed deadlines to implement reforms, including policies regarding suicide prevention, according to Specter. A special master was appointed to oversee reform implementation.

In 2001, another lawsuit against CYA prompted a San Francisco judge to direct the CYA to obtain licenses for all eleven of its health care facilities within two years.

DJJ previously housed over 6,000 youths; now with court-ordered reforms, numbers are down by two-thirds. Plaintiff's attorneys who document these changes also note many changes in the conditions of confinement, health services, etc.

Its predecessor, CYA, had a $387 million annual budget as of 2004. Each year, well over 2,000 young offenders are admitted to DJJ, while a similar number are released. Most wards are committed for violent crimes, and are institutionalized for over two years on average, at a cost to the state of over $71,000 per inmate each year, an increase of over 130%, from $30,783 in 1990. In recent years, California's juvenile justice system has received intense and increasing criticism from experts nationwide for running draconian youth prisons.

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