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This investigation concerns the conditions and treatment of incarcerated individuals in the Orange County Jail system. On March 22, 2018, Disability Rights California (DRC), an organization representing and advocating for these individuals, notified the County of its intent to monitor the jail facilities in keeping with DRC's monitoring authority as a protection & advocacy agency.
In 2019, following DRC's urging, the County engaged Sabot Consulting, an expert team, to assess the jail system. The evaluation revealed significant shortcomings, finding that the County failed to provide equal access to programs to people with disabilities, was unduly keeping people in solitary confinement, and was placing incarcerated people in restrictive units because of their LGBTQ identity.
The expert team found that the County's policies and practices did not adequately accommodate disabled individuals, violating their rights to equal access to services, programs, activities, and appropriate housing. These findings prompted negotiations between the County and DRC, leading to a settlement agreement and comprehensive remedial plan aimed at addressing these issues reached on November 21, 2019.
The settlement agreement between Orange County and DRC aimed to resolve the disputed claims and cover compliance with federal and state laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, focusing on equal access to services and the most integrated, least restrictive settings for those with disabilities, including specific considerations for LGBTQ individuals and those in restrictive housing.
The agreement stipulated the development and implementation of a remedial plan monitored by Sabot Consulting. This plan encompassed reforms in mental health care programming, disability-related accommodations, access to programs, and modifications to restrictive housing and disciplinary practices. Several key improvements included establishing a less restrictive housing unit for LGBTQ inmates with tailored programming, respecting transgender and intersex inmates' housing preferences unless specific concerns arise, and guaranteeing a minimum of 24 hours of out-of-cell time per week for all inmates.
The plan also focused on ending discriminatory practices against inmates with disabilities, notably in relation to the Community Work Program. Previously, individuals with disabilities were excluded from the program, which offered the opportunity to work in the community and return home nightly. The settlement eliminates this exclusion, fostering more equitable and constructive alternatives to incarceration.
Furthermore, the agreement mandated the closure of 72 hyper-solitary confinement cells, which lacked natural light, and introduced a new Special Management Unit. This unit was designed to limit confinement duration to no more than 30 days, ensure a minimum of two hours of out-of-cell time daily, and offer additional privileges and opportunities for early release based on positive behavior.
Other critical components of the remedial plan included timelines for implementation, mechanisms for monitoring compliance, and detailed procedures for addressing deficiencies. Financial terms included the County's commitment to cover reasonable attorney fees and costs associated with pursuing the matter, capped at specified amounts per quarter, and outlined procedures for resolving disputes over fees.
As of February 21, 2024, the remedial plan implementation is ongoing, and Sabot Consulting has released two rounds of expert monitoring reports. per the terms of the 2019 agreement, the agreement will remain in effect until the Compliance Expert issues two successive Compliance Reports finding that the county adequately implemented all components of the Remedial plan.
Summary Authors
Carlos Larrauri (2/21/2024)
Last updated Aug. 30, 2023, 1:27 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Disability Rights California, on behalf of individuals with disabilities and LGBTG individuals incarcerated in the Orange County jail system.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Rosen, Bien, Galvan & Grunfeld
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The County of Orange (Orange), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: $84,000.00
Issues
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions:
LGBTQ+:
Medical/Mental Health Care: