Braggs et al v. Hamm et al, No. 2:2014cv00601 - Document 3787 (M.D. Ala. 2022)

Court Description: OPINION REGARDING THE EXTENSION OF THE PHASE 2A ADA CONSENT DECREE: After conducting an independent assessment of these filings and representations, the court finds that the requested extension (granted by separate order) complies with the require ments of the Prison Litigation Reform Act, 18 USC 3626, and makes the following findings, as further set out in order; For these reasons, the court finds that the requested extension is narrowly drawn, extends no further than is necessary to correct the violation of a federal right, is the least intrusive means necessary to correct that violation, will not have any adverse impact on public safety nor the operation of a criminal-justice system, and otherwise complies with the requirements of the Prison Litigation Reform Act, 18 USC 3626. Signed by Honorable Judge Myron H. Thompson on 9/1/2022. (amf, )

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Braggs et al v. Hamm et al Doc. 3787 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION EDWARD BRAGGS, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. JOHN HAMM, in his official capacity as Commissioner of the Alabama Department of Corrections, et al., Defendants. CIVIL ACTION NO. 2:14cv601-MHT (WO) OPINION REGARDING THE EXTENSION OF THE PHASE 2A ADA CONSENT DECREE Previously, between the the court parties adopted that a provides, consent in decree part, for programming on Adaptive Behavior/Life Skills Training for certain prisoners, disabilities. Health Claims See including Consent Arising those Decree Under the with intellectual Concerning Americans Mental with Disabilities Act and § 504 of the Rehabilitation Act of 1973 and Resolving the Phase 2A Trial of These Proceedings (Phase 2A ADA Consent Decree) (Doc. 1291). Dockets.Justia.com The court notes that, according to the parties, this Adaptive Behavior/Life Skills Training programming is the only training of its kind nationally and is not provided by any other department of corrections. See August 30, 2022, Rough Draft Hearing Tr. at 3-4. The parties now submit a joint motion to extend the court’s supervision and monitoring under the Phase 2A ADA consent decree specifically as to Adaptive Behavior/Life Skills Training. See Joint Request (Doc. 3765). They further supplemented their motion with representations on the record at a videoconference on August 30, 2022, and in a joint filing, see Joint Submission of Findings of Fact (Doc. 3784). After conducting an independent assessment of these filings and representations, the court finds that the requested extension (granted by separate order) complies with the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626, and makes the following findings: (1) The court previously approved a consent decree between the parties requiring, in part, that the Alabama 2 Department of Corrections (ADOC) will provide Adaptive Behavior/Life Skills Training to certain individuals in its physical custody. at 13-17. See Phase 2A ADA Consent Decree ADOC is required to provide such training within six months of a prisoner meeting the criteria for enrollment in Adaptive Behavior/Life Skills Training. Id. at 13. stress The training must cover decision-making; management; risk-taking communication consequences; skill self-help; building; accessing prison services; hygiene; self-direction; and prison rules. Id. at 15-17. In addition, “every other year” all prisoners remaining in criteria for ADOC’s physical Adaptive custody Behavior/Life who Skills meet the Training “shall undergo a refresher class” that covers the same topics. Id. at 14. (2) Within ADOC, the Adaptive Behavior/Life Skills Training is primarily conducted by ADA coordinators at each facility. ADA coordinators are ADOC employees “charged with the duty of ensuring compliance” with the ADA. Consent Decree Concerning Claims Arising Under the 3 Americans with Disabilities Act and § 504 of the Rehabilitation Act of 1973, and Resolving the Phase 1 Trial of These Proceedings (Phase 1 ADA Consent Decree) (Doc. 728) at 10. for annual The Phase 1 consent decree provides ADA-compliance training for coordinators and other correctional staff. both ADA See id. at 55-57. (3) ADOC’s statewide ADA coordinator has developed a 22-hour curriculum for the Adaptive Behavior/Life Skills Training. See August 30, 2022 Rough Draft Hearing Tr. at 2, 7. The curriculum includes approximately 300 PowerPoint slides and covers the nine areas specified in the Phase 2A ADA Consent Decree. See id. at 3, 7. At this point, the required refresher course is “the same 22-hour class again,” repeated “every two years.” Id. at 7. (4) During the coronavirus pandemic, ADOC has not maintained its full roster of programs and trainings, including the Adaptive Behavior/Life Skills course and associated refresher courses. 4 Training See id. at 8 (“[T]here were a period of time where ADOC, because of COVID, was not doing a lot of programs. This is one of the programs they were not doing.”). As a result, many prisoners who require either the Adaptive Behavior/Life Skills Training course or a timely refresher of the same--pursuant to the Phase 2A ADA Consent Decree--have not received that programming. proposed extension period will See id. allow The parties’ ADOC to make progress toward complying with its obligations to provide the Adaptive Behavior/Life Skills Training and refresher. See Joint Request (Doc. 3765) at 2. (5) The Beta III and Beta IV tests are group-administered paper IQ tests that run approximately 30 to 40 minutes. See August 30, 2022 Rough Draft Hearing Tr. at 13-14. ADOC currently uses the Beta IV, a more recent iteration than the Beta III. See id. Per the Phase 1 ADA Consent Decree, prisoners who score below certain thresholds on the Beta III or Beta IV test will be identified disabilities, by thereby ADOC as having qualifying 5 for intellectual programmatic support including Training. Adaptive Behavior/Life Skills See Phase 1 ADA Consent Decree at 29-30. (6) Approximately 464 prisoners in ADOC custody have not been administered any version of the Beta test. See August 16. 30, 2022 Rough Draft Hearing Tr. at Approximately 3,340 individuals in ADOC custody have received a Beta IV score less than or equal to the eligibility cutoff (viz. 80). See id. Approximately 634 individuals in ADOC custody have received a Beta III score less than or equal to the eligibility cutoff (viz. 75). Id. (7) The parties’ requested extension of the Phase 2A ADA Consent Decree as to Adaptive Behavior/Life Skills Training and Beta III/IV testing will allow ADOC to ensure that all prisoners have valid Beta III/IV scores so that the Department can determine who meets the eligibility criteria for Adaptive Behavior/Life Skills Training. See Joint Request at 3. This extension period will also allow ADOC to determine how long it will take to ensure that all eligible 6 prisoners can take the Adaptive Behavior/Life Skills Training and refresher as needed. ADOC See id. custody testing to who Because there are many prisoners in (i) determine have not their received eligibility Beta for III/IV Adaptive Behavior/Life Skills Training, (ii) have been identified as eligible for Adaptive Behavior/Life Skills Training but not yet received such training, or (iii) have not received a timely refresher of Adaptive Behavior/Life Skills Training, extending the Phase 2A ADA Consent Decree will enable ADOC to move toward compliance before the consent decree terminates. (8) The requested extension affects only the provisions of the Phase 2A ADA Consent Decree that govern Adaptive Behavior/Life Skills Training and Beta III/IV testing. The remainder of the Phase 2A ADA Consent Decree will be unaffected by this extension. Consent Decree--including provisions The Phase 1 ADA that govern the training of ADA coordinators and correctional staff, as well as baseline requirements for Beta testing--will be unaffected by this extension. 7 III/IV (9) The parties stipulate that the requested extension meets the requirements of the Prison Litigation Reform Act. See Joint Request at 2-3; Joint Submission of Findings of Fact (Doc. 3784) at 3-4. For these reasons, the court finds that the requested extension is narrowly drawn, extends no further than is necessary to correct the violation of a federal right, is the least intrusive means necessary to correct that violation, will not have any adverse impact on public safety nor the operation of a criminal-justice system, and otherwise complies with the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626. DONE, this the 1st day of September, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 8

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