Valdivia v. Brown

Links to Documents:

Valdivia Permanent Injunction

Order Finding Case Moot Due to Realignment, July 3, 2013

Order Directing Class Notice, Sept. 11, 2013 


The State entered into an agreement (the Injunction) in March 2004 through the Valdivia Court, which set timelines and requirements to be followed during parole revocation hearings held by the Board of Parole Hearings (BPH) and during the pre-hearing steps performed by the Division of Adult Parole Operations (DAPO). 

On July 1, 2013, a new State law went into effect that significantly changed the parole revocation process.  Under the new law, all parole revocation hearings are conducted by the state courts, rather than BPH.  If you are on a regular parole term—that is, not a life parole term—the state courts can revoke parole and sentence you to a revocation term, to be served in the county jail.  The state court will decide how long you can be held on a parole violation, up to 180 days.  If you are on a life parole term, the state court will only decide whether to revoke your parole.  If you are revoked, you will be sent to State prison.  BPH will review your case within 12 months to decide whether you are suitable for parole.  Cal. Penal Code § 3000.1. 

On July 3, 2013, the Valdivia court decided that because the new parole revocation system is so different from the previous system, the Injunction is moot.  As a result, the Valdivia class (meaning all California state parolees being supervised by DAPO) will be decertified and the case dismissed.  On September 11, 2013, the court ordered that this notice of the termination of the class action and dismissal of this case be provided to all class members. 

If you are arrested on parole violation charges after July 1, 2013, none of the Valdivia Injunction protections will apply to you.  Under Valdivia, parolees were provided with attorneys by the state through the California Parole Advocacy Project (CalPAP).  Under the new system, CalPAP attorneys are no longer being appointed.  Instead, parolees arrested after July 1, 2013 who cannot afford their own attorneys have a right to be represented by a court-appointed attorney.  Cal. Penal Code §§ 3000.08, 1203.2(2). 

Copies of the July 3, 2013 and September 11, 2013 orders are available for viewing at www.rbgg.com/valdivia

If you believe that your rights are being violated in the new system, please contact your court-appointed attorney (public defender) so that you can bring these issues to the state courts. 

If you have any questions about this notice, you may contact class counsel for the Valdivia case at Rosen Bien Galvan & Grunfeld LLP, Attn: Valdivia, P.O. Box 390, San Francisco, CA 94104.