By DON THOMPSON
The Associated Press
SACRAMENTO — A judge says California is “in gross violation” of court orders by taking too long to reform its juvenile prison system, but is delaying appointment of a receiver to allow the new head of Department of Corrections and Rehabilitation time to speed up improvements.
Alameda County Superior Court Judge Jon Tigar said in a sharply worded ruling made public Thursday that many of the “deplorable” conditions that prompted a court settlement four years ago remain today in the Division of Juvenile Justice.
“DJJ’s progress measured against any reasonable deadline has been inadequate,” Tigar wrote in the order dated Monday. “In some areas, the State has failed to take even the most basic, fundamental steps to implement reform.”
The ruling comes after national experts testified about continued draconian conditions during a 10-day trial earlier this year. Those experts “cited profound concerns over DJJ’s leadership and commitment to and capacity for change,” Tigar said.
The division’s director, Bernard Warner, said there is less violence and better schooling and mental health treatment since he took over in July 2005.
“I think we’re seeing a lot of progress and reform,” Warner said in a telephone interview.
Attorneys representing young inmates had asked the judge to appoint a receiver to take control of the juvenile system, much as a federal receiver now runs the adult prison medical system.
But Tigar said naming a receiver should be a last resort. The judge said Matthew Cate, who became corrections secretary in mid-May, understands the youth division’s problems from his years as the department’s independent inspector general.
“We haven’t seen any reforms yet,” said Sara Norman, an attorney with the Berkeley-based Prison Law Office who had sought a receiver. “It’s up to Mr. Cate to step up to the plate.”
Tigar ordered better cooperation between department employees and the court’s experts. He scheduled a Dec. 12 hearing to gauge progress and set new deadlines for improvements.
The system houses about 1,800 inmates ages 12 to 25. The population is expected to shrink to about 1,500 by 2011 because a law passed last year allows sending only the most serious offenders to state custody.