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Using these materials:  Below is a list of questions that are often asked by our clients in the Coleman case, along with answers to those questions.  We apologize for this impersonal response to your letter.  This FAQ will be updated periodically.  This update is from February 2026.  

Question                                                                                                                                   Page

  1. What is the Coleman case?. 1
  2. What is the history of the Coleman case?. 1
  3. What is the Coleman Receiver?. 2
  4. What can I find in my law library about the Coleman case?. 3
  5. Who are the Plaintiffs’ lawyers? Can you help me with my individual lawsuit?. 3
  6. How can I contact the Plaintiffs’ lawyers?. 4
  7. What are the Plata and Armstrong cases, and how are they different from Coleman?. 4
  8. Can you help me with medical care problems?. 4
  9. What should I do if I am feeling suicidal?. 5
  10. What are the different levels of mental health care provided by CDCR?. 5
  11. What should I do if I feel like I am not coping well at my current level of care?. 8
  12. What should I do if staff want to lower my level of care and I do not agree?. 8
  13. What happens to my treatment if I’m in a Restricted Housing Unit (RHU)?. 9
  14. Is my clinician allowed to disclose what I tell him or her in therapy sessions to custody staff?. 10
  15. What should I do if I am having problems with my mental health medications?. 11
  16. Why were my medications changed recently? Can I do anything to get this reversed?  11
  17. Can I get treatment for substance use in CDCR?. 12
  18. What should I do if my mental health played a role in getting an RVR?. 12
  19. What is happening with prison release programs?. 13
  20. Why am I being kept indoors when it is hot outside?. 14
  21. What can I do about staff misconduct against me?. 14
  22. Can you help me to get a transfer or to stop a transfer?. 15
  23. What if I am EOP or CCCMS and am housed in a Reception Center?. 16
  24. What should I do if I need single cell status or have other problems concerning single cell status?. 16
  25. I am paroling soon. What mental health services will I have after I parole?. 17

 

 

 

1.                  What is the Coleman case?

Coleman v. Newsom is a lawsuit about mental health care in California prisons.  In 1995, a federal court found that mental health care in CDCR was so bad that it violated the Eighth Amendment, which protects people from cruel and unusual punishment.  The case is still going on because CDCR has never fully fixed the problems.  There are no money damages in Coleman.  The case is only about making mental health care better in the prisons and enforcing the rights of people with mental illness.

2.                  What is the history of the Coleman case? 

In 1990, an incarcerated person named Ralph Coleman filed a lawsuit on his own (pro se) against CDCR because the mental health care was so poor.  It turned into a class-action lawsuit for everyone with serious mental illness in CDCR.  Mr. Coleman was the lead named plaintiff representing the group until he passed away in 2024.  

In 1995, the Court concluded that CDCR’s mental health care system violated the Eighth Amendment.  The Court found that Defendants were deliberately indifferent to the problems.  To help fix the mental health care system, the Court appointed a “Special Master” to oversee the remedy in the case.  The Special Master worked with Defendants (CDCR) to develop a plan to implement the Court’s orders and improve mental health care.  This plan is called the “Program Guide,” and it serves as a blueprint for how CDCR is supposed to provide care in a way that meets constitutional standards.  A copy of the 2021 version of the Program Guide should be available in your law library and on your tablet.  If you cannot access a copy please let us know.

For almost 30 years, the Special Master and his team of experts visited institutions and wrote reports to tell the Court about the mental health care.  These reports helped the Court determine what parts of the mental health care system still needed to be fixed.  The lawyers for the plaintiff class also brought many motions, asking the Court to ensure that Defendants improved mental health care system.  Some ongoing issues in the case are:

  • A lack of mental health staff
  • Suicide prevention
  • Segregation/RHU policy and treatment in RHU units
  • Excessive and unnecessary uses of force against people with mental illness
  • Minimum treatment requirements
  • Getting people into inpatient treatment (crisis beds, Acute, and ICF care) and the quality of treatment there
  • Telehealth (using video calls for mental health appointments)

In 2025, the Court put a “Receiver” in charge of CDCR’s mental health care system.  The Court did this because CDCR still has not followed all of the requirements in the Program Guide and related court orders.  A Receiver is a fully empowered arm of the Court with the power to directly manage CDCR’s mental health care system.  The Receiver and her team are responsible for making sure CDCR meets its constitutional duties to provide adequate mental health care.  There is no longer a Special Master in the case.

In January 2026, the Coleman case got a new judge.  The previous judge, the Honorable Kimberly J. Mueller, retired.  The new judge is the Honorable Troy L. Nunley.  He is the Chief Judge of the U.S. District Court for the Eastern District of California.  The updated case number is now 2:90-cv-00520-TLN-SCR.

The Coleman case will continue until the Court decides that people in CDCR are getting the mental health care the Constitution requires.  Please feel free to write to us if you would like more information about the history of the lawsuit, or if you would like to review any filings or major orders.

3.                  What is the Coleman Receiver? 

In 2025, the Court appointed an independent Receiver to take over CDCR’s mental health care.  The Court created the Receivership because CDCR failed for many years to fix serious problems with mental health care, even after many court orders.  The Receiver works for the Court and has the power to manage and make decisions about the prison mental health care system, as if she were the CDCR Secretary.  The Receiver’s job is to make sure that people in California prisons get mental health care that meets the requirements of the U.S. Constitution.  The Receivership for Coleman is separate from the Receivership related to medical care in the Plata v. Newsom case.

The Court picked Colette Peters to be the Receiver for Coleman.  She is the former Director of the Federal Bureau of Prisons (BOP).  Before that, she was the Director of the Oregon Department of Corrections.  Her appointment officially started in September 2025. 

The Court also approved the Receiver’s Action Plan.  The Action Plan explains what changes she plans to make over the next few months and years.

The Coleman Receiver’s office can be contacted at:

Office of the Coleman Receiver
P.O. Box 588501
Elk Grove, CA 95758

Letters to the Receiver will be processed as confidential legal mail, as provided for in CDCR rules.  All contact to Receiver will be reviewed and tracked, but the Receiver is unable to respond to every letter.

4.                  What can I find in my law library about the Coleman case? 

If you want to learn more, your institution’s law library should have these documents for you to read: 

  • 1995 Court Order Finding CDCR Violated the Eighth Amendment (Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995))
  • Program Guide (the Mental Health Services Delivery System Program Guide, which is the remedial plan in this case, last revised in 2021)
  • Compendium (additional remedies not in the Program Guide)
  • Receiver’s Action Plan (Dkt. 8722)
  • 2025 Court Order Appointing the Receiver (Dkt. 8752)
  • 2025 Court Order Amending Receiver’s Powers and Duties (Dkt. 8843)

The Receiver has also asked that some of these documents be loaded onto the CDCR tablets so that class members may access them from their cells.

5.                  Who are the Plaintiffs’ lawyers?  Can you help me with my individual lawsuit?

The lawyers for class members in Coleman are from two law firms: Rosen Bien Galvan & Grunfeld LLP (“RBGG”) and the Prison Law Office (“PLO”).  Our job is to fight for the class of people in California prisons who have serious mental illness.  Today, there are around 35,000 class members.  Because there are so many people in this group, it is difficult for us to address individual class member issues.  Since we do not represent Coleman class members on an individual basis, we cannot assist class members with their individual lawsuits or give advice about their individual lawsuits.  Instead, we work to improve conditions for all class members.  Our main goal is to push CDCR to give better mental health care to all incarcerated people who need it. 

6.                  How can I contact the Plaintiffs’ lawyers?

If you know about problems in the prison mental health care system, we would like to know about them.  You can write to us at the following address, being sure to write “LEGAL MAIL” on the outside of the envelope:

Rosen Bien Galvan & Grunfeld LLP
P.O. Box 390
San Francisco, CA 94104-0390

7.                  What are the Plata and Armstrong cases, and how are they different from Coleman?

There are multiple class action lawsuits that aim to help people incarcerated in California prisons, including:

  • Coleman – This case is only about mental health care
  • Plata – This case is about medical care
  • Armstrong – This case is about helping people with certain disabilities (hearing, vision, mobility, learning and kidney disabilities).

Each case has different lawyers.  If you write to us about medical problems or disability issues that aren’t about mental health, we will likely send your letter to the lawyers handling those cases.

8.                  Can you help me with medical care problems?

No.  The Coleman case only covers mental health care, not medical care issues.  But if you have medical care problems, you should:

  • For emergencies or urgent medical issues: Tell any staff member at any time.
  • For routine medical issues: Submit a “sick call” slip. If that does not work, file a Healthcare 602 (HC-602) form.

You could also write to the Prison Law Office, which has a case called Plata v. Newsom that is about medical care in CDCR.  How to write to the Prison Law Office about problems with medical care:

  • Write “LEGAL MAIL” on the outside of the envelope.
  • Send the letter to their mailing address:

Prison Law Office
General Delivery
San Quentin, CA  94964

If you write to our office about medical problems, we will forward a copy of your letter to the Prison Law Office.

9.                  What should I do if I am feeling suicidal?

If you have thoughts of hurting yourself—tell a custody officer, a psych tech, a nurse, or any other available staff person as soon as possible. 

When any staff member learns of a person’s suicidal thoughts or behavior, they are required to immediately notify a member of the mental health staff, according to the Coleman Program Guide.  You or the other suicidal person would then be placed under direct observation until a clinician arrives for evaluation.  If you are in distress, you should tell a staff member and if that is unsuccessful, you should file a sick call slip (7362) to urgently speak to a member of the mental health staff.  They have been trained to respond appropriately in these situations.

If you are unable to get staff to take you seriously or respond when you tell them you are suicidal you can call us, or write to us and let us know how you are feeling.

When what you tell us makes us believe that you might hurt yourself or others, we will request that CDCR send a member of the mental health staff to speak to you.  We always follow up with a form letter to you right away to let you know that we asked for help for you.  It takes additional time to write an individual letter, and we want to make sure we tell you right away. 

10.             What are the different levels of mental health care provided by CDCR?

If you have a mental illness, CDCR must provide you with treatment.  The level of treatment depends on your symptoms and needs.  People often change levels of care.  The levels are:

  • Correctional Clinical Case Management System (CCCMS) – This is the lowest level of care. You stay in the general population (mainline).  At the CCCMS level of care, you should:
  • See your primary clinician at least once every 90 days (3 months)
  • If you receive psychiatric prescription medication, you should see your psychiatrists at least once every 90 days (3 months)
  • Meet with your treatment team (IDTT) at least once a year
  • If you need more help, they should see you more often
  • Enhanced Outpatient Program (EOP) – This is outpatient care for people who need more treatment or whose symptoms are so severe that they cannot do well in mainline. CDCR runs the EOP program in separate housing units, and only at certain prisons.  At the EOP level of care, you should:
  • Get at least 10 hours of structured therapeutic activity (such as mental health groups)
  • See your primary clinician at least every week either one-on-one or in groups (one-on-one contact at least every other week)
  • See your psychiatrist (mostly for medication management) at least once a month
  • Have IDTT meetings at least every 90 days (3 months)
  • Mental Health Crisis Beds (MHCB) – For people in an immediate crisis, the CDCR runs inpatient crisis bed programs with 24-hour nursing care. You should:
  • See a primary clinician daily
  • See a psychiatrist at least twice a week
  • Meet with your treatment team (IDTT) every 7 days

Patients who remain in crisis for 10 days or more should be evaluated for one of the inpatient programs (Acute or ICF).  If you are released from an MHCB back to a lower level of care, you should be seen once-a-day by a clinician or nurse for the first 5 days after your discharge.

  • Acute Psychiatric Program (APP or Acute) – This is inpatient care for people who need longer-term care than an MHCB. There is no time limit, but patients typically stay in Acute for 30 to 45 days. 
  • Male facilities: CMF in Vacaville, CHCF in Stockton, CMC in San Luis Obispo, or San Quentin
  • Female facilities: CIW in Chino (or Patton State Hospital run by the Department of State Hospitals)

At the Acute CDCR facilities (called PIPs which stands for psychiatric inpatient programs), acute program patients are required to get:

  • An initial treatment team (IDTT) within 72 hours of arrival (3 days) and every 7 days thereafter.
  • Contact with a psychiatrist within 24 hours of arrival, at least every 3 days for the first 30 days, and then at least every 7 days.
  • Contact with your primary clinician within 10 days of arrival and then at least twice a week.
  • Get 10 hours of unstructured out-of-cell time per week (like yard or dayroom) and 20 hours of structured therapeutic treatment per week. At least 10 of the 20 hours must be “core” treatment (therapeutic, non-leisure groups and individual clinical contacts), unless your treatment team decides that is not appropriate for you.
  • Intermediate Care Facility (ICF) – The ICF program provides longer-term inpatient care. There is no time limit on length of stay, but most people stay from 60 to 180 days. 
  • Male facilities: Salinas Valley State Prison (SVSP), California Medical Facility (CMF), California Health Care Facility (CHCF-PIP), San Quentin; or at the Department of State Hospital (DSH) programs at Atascadero State Hospital (ASH) or Coalinga State Hospital (CSH).
  • Female facilities: California Institution for Women (CIW) or to the DSH program at Patton State Hospital (PSH).

At the CDCR PIP facilities, ICF patients are required to have:

  • An initial treatment team (IDTT) within 72 hours (3 days) of arrival and every 30 days thereafter.
  • Contact with a psychiatrist within 24 hours of arrival, at least 3 three days for the first 30 days, and then at least every 7 days thereafter.
  • Contact with your primary clinician within 10 days of arrival and then at least once a week.
  • 10 hours of unstructured out-of-cell time per week (like yard or dayroom) and 20 hours of structured therapeutic treatment per week.  At least 10 of the 20 hours must be “core” treatment (therapeutic, non-leisure groups and individual clinical contacts), unless your treatment team decides that is not appropriate for you.
  • Department of State Hospital (“DSH”) Facilities – In addition to the CDCR PIPs, some patients transfer to DSH for inpatient mental health care.
  • Male DSH facilities: Atascadero State Hospital (“ASH”) and Coalinga State Hospital (“CSH”). DSH-Atascadero and DSH-Coalinga provide low-custody (unlocked dorms) ICF care.
  • Female DSH facilities: Patton State Hospital (“PSH”). DSH-Patton provide Acute care and low-custody (unlocked dorms) ICF care.

These DSH facilities have different requirements for individual and group treatment, psychiatric contacts, and IDTTs.  Class members at DSH should still receive around 20 hours/week of structured therapeutic treatment.

11.             What should I do if I feel like I am not coping well at my current level of care?

If you feel like your mental health needs are not being met and you need more help, tell your primary clinician and your treatment team.  Explain what symptoms you are having and why you think you need a higher level of care.

If you are having trouble getting an appointment or talking to your clinician, you can turn in a sick call slip requesting to speak with a clinician.  This is also called a CDCR Form 7362, or Health Services Request Form.  If you talk to your treatment team and still cannot get the higher level of care you believe you need, you can file a health care grievance.  This is called a 602-HC.

12.             What should I do if staff want to lower my level of care and I do not agree?

If mental health staff say they want to lower your level of care and you are worried you will not be able to handle it, it is important you talk to your primary clinician and treatment team and explain your concerns.  They may be able to make a plan to help you during the change.  For example, they might give you extra services or support at the lower level of care, such as CCCMS, for a period of time.  If you still disagree with the decision to lower your level of care, you can file a health care grievance (602-HC) to challenge it.

13.             What happens to my treatment if I’m in a Restricted Housing Unit (RHU)?

If you are put in an RHU, you should continue to get mental health care.

  • Transfer to a CCCMS RHU or EOP RHU:
  • If you are a CCCMS or EOP patient and are initially placed in an general population RHU, you should be transferred to a CCCMS RHU or EOP RHU within 30 calendar days.
  • If you become a CCCMS or EOP patient while in a general population RHU, you should also be transferred to a CCCMS RHU or EOP RHU within 30 calendar days from the date you were made CCCMS or EOP.
  • If you are in a “standalone” GP RHU and are CCCMS or EOP, you should be transferred out within 24 hours. There are some CCCMS RHU Standalones, but no mental health patients should stay in GP RHU Standalones for more than one day.  GP RHU standalones are often separate “Z” buildings (that is, not part of A, B, C, or D yard).  There are GP RHU Standalones at least at KVSP, CAL, and CEN.
  • CCCMS treatment while in a CCCMS RHU:
  • Your primary clinician (PC) and psychiatrist should both see you within 10 days of arrival
  • You should have an initial treatment team meeting (IDTT) within 10 days and before your first classification committee hearing.
  • A psychiatric tech should check on you every weekday
  • Your PC should see you every week (more often if clinically indicated)
  • Your psychiatrist should see you at least every 90 days (around 3 months)
  • Treatment team meetings (IDTTs) at least every 90 days (around 3 months)
  • 90 minutes of structured group therapeutic activity weekly
  • 20 hours of out-of-cell activities weekly
  • You should earn credits to reduce your RHU term by attending group treatment therapeutic programs
  • EOP treatment while in an EOP RHU:
  • Your PC and psychiatrist should both see you within 10 days of your arrival
  • You should have a treatment team meeting (IDTT) within 10 days of your arrival and before your first classification committee hearing. After your first IDTT, your treatment team should decide if you need to go somewhere else (like crisis beds, inpatient care, or a different RHU placement).  Your next treatment team meeting should be 60-120 days (around 2-4 months) after your initial IDTT, and every 90 days (around 3 months) after that.
  • A psychiatric tech should check on you every day
  • Your PC should see you every week (more often if you clinically indicated)
  • Your psychiatrist should see you every 30 days
  • You should get at least 10 hours of structured group therapeutic activity every week
  • You should get at least 10 hours out of your cell for exercise every week, including supervised recreational therapy
  • You should earn credits to reduce your RHU term by attending structured mental health treatment

14.             Is my clinician allowed to disclose what I tell him or her in therapy sessions to custody staff?

Most of the time, no.  California law provides that a clinician is allowed to reveal confidential information provided by a patient in therapy only in very narrow circumstances.  Your clinician is supposed to explain to you when they first start working with you what they can and cannot keep private.  If they haven’t done this yet, you should ask them.  However, your clinician CAN share information when they are doing evaluations for a 115, a Rules Violation Report (RVR), for a court (for instance, to determine whether you are incompetent to stand trial), Offender with a Mental Health Disorder (OMHD) status, Sexually Violent Predator (SVP) status, or for the Board of Parole Hearings – that information is not confidential.  We strongly recommend that you ask your clinician about the confidential nature of your therapy (you can ask them, for example, “What can you keep private and what do you have to share?”).

You should also know that the Board of Parole Hearings’ Commissioners currently have access to all of your mental health treatment records when reviewing your case in a Parole Consideration Hearing, not just those generated in doing risk evaluations for the BPH process.  The psychologists who do the Comprehensive Risk Assessments for the Board also have access to all of your treatment records. 

15.             What should I do if I am having problems with my mental health medications?

If your mental health medications are not working, or if they are causing side effects, you should ask to see a psychiatrist for a medication review.  You can do this by turning in a sick call slip.  This is called a CDCR 7362 Health Care Services Request Form.  You can also talk to the nurse or psych tech who gives you your medications.  You can tell them about any side effects or problems you are having, and ask them to put in a request for you to see a psychiatrist.  You should also tell your primary clinician about any mental health symptoms you are having while on these medications.  This can include things like more hallucinations, trouble sleeping, etc.  Your clinician may be able to help you get an appointment with a psychiatrist.

Under the Coleman Program Guide, a psychiatrist is supposed to review your psychiatric meds with you on a regular schedule.  If you are EOP, this should happen at least every 30 days.  If you are CCCMS, it should happen at least every 90 days.  The psychiatrist should talk with you about whether the meds are working and whether you are having side effects.  

If you have already tried to get help through normal mental health channels and still cannot get your medication issues addressed, you can file a health care grievance.  This is the CDCR 602-HC form.  You must file a 602-HC within 30 calendar days from when you knew, or should have known, about the problem you are challenging.

16.             Why were my medications changed recently?  Can I do anything to get this reversed?

CDCR periodically reviews its drug formulary and it is possible that certain medications have been removed from the current formulary at your prison.  This means that sometimes CDCR changes its list of approved medications.  When this happens, certain medications may no longer be available at your prison.  This can lead to your medications being changed.  Before your medications were changed, staff should have talked to you about it.  You should have been asked to sign an “Informed Consent” form, and your doctor should have explained the change.  If this did not happen, or if you did not understand what was said, you should turn in a request slip (CDCR 7362) asking for a medication review.  At a medication review, the psychiatrist can explain why your meds were changed and talk with you about other options that may work for you.

If you were doing well on a medication that was removed from the formulary and want to be back on that medication, tell your psychiatrist.  Ask if they can submit a “non-formulary request” to try to get that medication approved for you.  You can also file a health care grievance (602-HC) asking for the medication.  On the 602-HC, explain that the medication worked for you and how long you were on it.  Also explain why other medications do not work for you.  List the names of those other meds and describe any bad side effects or problems you had with them.

17.             Can I get treatment for substance use in CDCR?

Yes.  CDCR offers substance use treatment in prison through a program called Integrated Substance Use Disorder Treatment (ISUDT).  If you are on the mental health caseload, you can still take part in ISUDT and stay in your mental health program at the same time.  ISUDT includes medications to help with addiction.  This is called Medication Assisted Treatment (MAT).  These medications are available for people with opioid use disorder or alcohol use disorder.  MAT meds can include buprenorphine, naltrexone, methadone, and acamprosate.  ISUDT also includes Cognitive Behavioral Interventions (CBI).  This kind of therapy focuses on challenging and changing unhelpful thoughts, beliefs, attitudes (cognitive distortions) and behaviors, improving emotional regulation, and developing healthier coping skills.  If you think you need substance use treatment, talk to your primary clinician or turn in a sick call slip (CDCR 7362).  People sign up for ISUDT through medical.

18.             What should I do if my mental health played a role in getting an RVR?

If you got a Rules Violation Report (RVR), your mental health may have affected the behavior that led to the write-up.

If you are EOP or in an MHCB or inpatient unit: A mental health clinician is supposed to do a mental health assessment within 15 calendar days of the RVR.  This assessment is sometimes called a 115-X or 115-MH or an MHA.  The purpose of this assessment is to look at: whether your mental illness affected your behavior, whether you need a staff assistant for your 115 hearing, whether any punishment should be reduced because of your mental health.  If you are EOP and did not get a 115-X or 115-MH after receiving an RVR, you can file a health care grievance (602-HC).  This assessment is not confidential, and it is not done by your regular treating clinician.

If you are CCCMS: You should be referred for a mental health assessment if the RVR could lead to what used to be called SHU time but which is now called an RHU term, or your behavior was “bizarre, unusual, or uncharacteristic” for you.  Custody staff (not mental health staff) decide whether behavior is “bizarre, unusual, or uncharacteristic.”  If this applies, a mental health assessment must be done within 5 working days.  If you are CCCMS, or not on the mental health caseload, and you were not referred for an assessment but believe you should have been, you can file a 602-HC.  In your grievance, explain that your behavior was affected by your mental illness and that it was “bizarre, unusual, or uncharacteristic.” For example, if you missed your medications, or had mental health symptoms, and that affected your behavior, write that on the 602-HC.

In some situations, a mental health clinician can recommend that your behavior be handled in a different way instead of giving you an RVR.  This can happen when the behavior was strongly affected by mental illness or a developmental disability.  CDCR policy also says that no one should receive an RVR for behavior that happened during a cell extraction for involuntary medication or medical treatment, happened while being placed in mental health restraints and/or seclusion, or for behavior that was an attempted suicide or self-harm.

19.             What is happening with prison release programs?

In 2011, the U.S. Supreme Court ruled as part of the Coleman case (in overcrowding hearings that were combined with similar hearings in the Plata case) that California must reduce its prison population because the overcrowding was so bad that CDCR could not give people proper medical and mental health care.  By 2015, the State reduced the total number of people in prison to the goal the Court set.  As of January 2026, the prisons overall are still much less crowded than they were before (but some individual prisons, yards, and building can still be very crowded).  RBGG and the Prison Law Office continue to push CDCR to find more ways to reduce crowding.  

Also, over the last two decades, California passed several laws to help reduce the prison population.  These laws give people more changes to get out early or serve their time in different ways.  Please let us know if you would like us to send you more information about:

  • Credit-earning rules – Ways to earn time off your sentence.
  • Early parole opportunities – Like medical parole, youth offender parole, elderly parole.
  • Alternative Custody Program – For non-violent, non-serious, non-sex offense crimes, allows some people to serve up to the last 24 months of their prison terms in a residential home, a drug treatment program, or an alternative care facility.
  • Proposition 36 – If your third strike was not serious or violent, you might be able to get resentenced.
  • Proposition 47 – Allows people who were convicted and sentenced for felonies under the old version of the laws to ask the court that sentenced them to reduce their crimes to misdemeanors and resentence them.
  • Recall and resentencing under AB 600 (Cal. Pen. Code § 1172.1) – A new law that came into effect in January 2024 that allows judges to recall a sentence and reduce a sentence at any time (not just within 120 days of commitment), if the applicable sentencing laws have changed since the original sentence. This new law gives judges more power to consider post-conviction factors.  The relevant law, PC 1172.1, defines these factors as “including, but not limited to, the disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice.”

20.             Why am I being kept indoors when it is hot outside?

CDCR has a Heat Plan that was developed in the early days of the Coleman case in 1992, and that is reviewed each year as part of the Coleman case.  Under this plan, people who take certain medications (“heat meds”) are considered at risk during hot weather.  If you are on one of these “heat alert medications,” staff may keep you indoors during heat alerts to protect your health.  During heat season (May 1 through October 31), staff are required to monitor temperatures and call heat alerts when temperatures get very high.  At each heat alert level, staff are supposed to take steps to help heat-risk people, such as giving cool drinking water, misting, or allowing showers.  When a heat alert is active, heat-risk people are allowed to return to their housing units.  If you want a copy of the Heat Plan, you can write to us to request one.  If you believe staff are not following the Heat Plan, you can file a grievance.  

As temperatures have increased over the years across California due to climate change, we have become increasingly concerned about the impact of the heat and the lack of adequate cooling on class members.  If you or someone you know experiences heat-related medical issues that may be related to your mental health medications, please write to us and let us know about it.

21.             What can I do about staff misconduct against me?

If you feel safe doing so, given the risk of retaliation, you should file a 602 to report the staff misconduct and to trigger an investigation.  The 602 form is the primary process for reporting staff misconduct.  If you choose to report staff misconduct you should:

  • Be as specific as possible about the day/location/name of the staff member involved. Provide a range of time for when the incident occurred so as to ensure CDCR is able to identify the appropriate footage to preserve and review.
  • If applicable, explain how the staff misconduct was the result of your mental health (it occurred after you asked for mental healthcare or you were experiencing a crisis, for example), how it impacted your mental health or your ability to ask staff for help.

Reporting staff misconduct via a 602 should:

  • Ensure that CDCR saves any videos of the incident. Unless a 602 is filed, most videos are destroyed in 90 days.  In your 602, you should request that CDCR retain any video footage of the incident you are reporting.
  • Trigger an investigation by CDCR into the incident. We know that in the past, investigations by CDCR have been inadequate.  As a result of recent changes to the process, serious allegations of staff misconduct should now be investigated by the Office of Internal Affairs.  And the investigators will be required to review video and audio footage of the incident, if it exists.  We hope this will result in higher quality investigations.
  • Preserve your right to file your own lawsuit about the staff misconduct. If you wish to file your own lawsuit you need to file and exhaust a 602 about the incident.  If you do not exhaust your 602, your lawsuit might be dismissed.

Please be aware that if you file a 602 about staff misconduct, as part of the investigation process, the staff member will be notified of the complaint that you filed.  If you do file a staff complaint and then face retaliation, you should file a 602 regarding the additional allegation of retaliation for reporting staff misconduct.  You are also welcome to write to us and let us know.

22.             Can you help me to get a transfer or to stop a transfer?

Most of the time, we do not have the ability to affect individual transfer decisions.  However, there are transfer timeframes that exist within the Coleman case that you should be aware of:

  • Reception Center à Mainline CCCMS – Within 90 days of referral, or within 60 days of referral if clinician indicates that expedited referral is clinically indicated.
  • Reception Center à Mainline EOP – Within 60 days of referral, or within 30 days of referral if RC clinician indicates that expedited referral is clinically indicated.
  • Mainline GP or CCCMS à Mainline EOP – Within 60 days of referral, or within 30 days of referral if clinically indicated.
  • GP RHU à CCCMS RHU or EOP RHU – Within 30 calendar days from the initial placement in RHU, or within 30 calendar days from the date the patient was made CCCMS or EOP. (Any CCCMS or EOP patients placed in a stand-alone GP RHU shall be transferred out within 24 hours.)
  • Any Setting à MHCB – Within 24 hours of referral.
  • Any Prison à Acute Care Inpatient Program – Within 10 days of referral.
  • Any Prison à Intermediate Care Inpatient Program – Within 30 days of referral.

If you have not been transferred within these timeframes, you should speak with your counselor and/or file a grievance (602).  If you would like to request a transfer, including due to safety concerns, you should discuss this with your assigned correctional counselor and your treatment team (IDTT).  You should not file an appeal to request a transfer.  However, you do have the right to appeal classification actions, including a transfer recommendation or endorsement, after the fact.   

23.             What if I am EOP or CCCMS and am housed in a Reception Center?

EOP patients should not stay in the Reception Center, but should be transferred to a mainline institution’s EOP within 60 days of referral.  CCCMS patients should be transferred to a mainline institution’s CCCMS with 90 days of referral.  However, because CDCR is too crowded, these transfers do not always happen on time.  Thus, CDCR has developed a partial EOP and CCCMS programs at the Reception Centers.  If you are in a Reception Center EOP program, you should see a primary clinician once a week, should be evaluated by a psychiatrist at least monthly, and you receive at least 5 hours per week of out-of-cell treatment activities.  If you are at a Reception Center and are CCCMS, you should see your primary clinician within 30 days of placement and at least every 90 days after that, or more often if clinically indicated, and you should see a psychiatrist at least every 90 days regarding any psychiatric medication you are taking.

24.             What should I do if I need single cell status or have other problems concerning single cell status?

Custody staff determines single cell status as part of the classification process.  When deciding whether to place someone on single cell status, custody staff must consider a number of factors, including, but not limited to: a history of in-cell violence, vulnerability due to medical, mental health, and disabilities (e.g., incontinence issues), and enemies and victimization history.  You should talk to your clinician and custody staff about your desire for single cell status and the reasons that you might require it.  We can also send you the CDCR policy that discusses the factors weighed by the classification committee when considering single cell status, so that you can keep this information in mind when making these requests.

Clinical staff in CDCR are permitted by policy to make a recommendation that someone be given single cell status for mental health reasons.  However, that determination is only very rarely made, and clinical staff do not have the final say on whether someone gets a single cell chrono – that final decision is up to custody and made by a classification committee.

We cannot get you a single cell assignment.  The decision ultimately rests with custody staff, although the input of medical and mental health clinicians may be taken into account if it is relevant to the reasons for your request for single cell status.  However, we continue to work with CDCR on expanding its single cell policies and procedures to make it easier for vulnerable class members to receive this status.

25.             I am paroling soon.  What mental health services will I have after I parole?

The Coleman Program Guide states that CDCR must provide all people on the mental health caseload with pre-release planning. 

When you get out, you will be supervised either by county probation or state parole, depending on your commitment offense.  County supervision is called Post-Release Community Supervision (PRCS).  Before your release date, your correctional counselor should meet with you, tell you which type of supervision you will be on, and give you your parole or probation conditions.

If you are on county PRCS, your mental health care will come from your county mental health department.  Services are different in each county.  Your primary clinician is supposed to contact county mental health at least 30 days before your release to help with planning.  You should ask your counselor or probation officer for details.

If you are on state parole and are CCCMS or EOP, you should get an automatic referral to CDCR’s Behavioral Health Reintegration (BHR) program.  BHR offices are located in parole units and have social workers, psychologists, and psychiatrists.  They can help with meds and connect you to community services.  You can also refer yourself to BHR, but if an appointment is set up for you, make sure you go.  Before you leave prison, find out the date, time, and location of your BHR appointment and how to get there.  Ask your counselor if you are unsure.

About three months before release, you should meet with a social worker from the Transitional Case Management Program (TCMP).  TCMP helps apply for benefits like Medi-Cal, SSI, and VA benefits if you qualify.  These applications should be filed for you before release.  You should be able to use Medi-Cal right after release by calling a number they give you.  You will still need to make an appointment with Social Security to finish the SSI process.

If you take psychiatric medications, you should receive a 60-day supply when you are released.  Some prisons also offer a pre-release class.  Tell your primary clinician your release date and ask if a class is available.  If you want more details, you can write to us to request the Program Guide policy about pre-release services.