was also undoubtedly influenced by the fact that newly-elected Governor Arnold Schwarzenegger
had disliked what he’d seen when he visited Youth Authority. 79 The parties jointly selected experts
in key areas to investigate and report on general conditions, health care services, mental health and
substance abuse programs, sex offender programs, and education programs. 80 The experts issued
reports in 2003, a consent decree was agreed upon at the end of that year, and additional terms
were negotiated until 2004.81 Remedial plans were drawn up and monitoring in Farrell continued
through at least thirty-four quarterly reports, ending when the case was dismissed in 2016.82
Farrell played an important role in broad institutional reform. It confirmed the extent of
problems at Youth Authority through the voices of experts. The consent decree and use of expert
reports saved years of quibbling and enabled remedial efforts to proceed quickly. The ongoing
monitoring reports also kept the conditions in the limelight. With continuous prodding by the
Prison Law Office, 83 the Farrell litigation resulted in significant changes to conditions and
practices in state facilities. 84
Authority agrees to oversight / Governor says state agency has failed to rehabilitate wards, S.F. CHRONICLE (Nov.
17, 2004), https://www.sfgate.com/news/article/Youth-Authority-agrees-to-oversight-Governor-2671527.php.
79 Krisberg et al., supra note 25, at 14; Murphy, supra note 78.
80 Farrell v. Allen, supra note 76; Case No. RG 03079344, Consent Decree (2004), at 2,
https://www.clearinghouse.net/chDocs/public/JI-CA-0013-0002.pdf.
81 The relevant documents include: Michael Puisis & Madie LaMarre, Review of Health Care Services in the
California Youth Authority (CYA) (Aug. 22, 2003), https://www.clearinghouse.net/chDocs/public/JI-CA-0013-
0022.pdf; Jerry Thomas, Evaluation of Sex Offender Programs: The California Youth Authority (Sept. 23, 2003)
https://www.clearinghouse.net/chDocs/public/JI-CA-0013-0024.pdf; Consent Decree, Farrell v. Allen, Case No. RG
03079344 (Cal. County Super. Ct., 2004); ERIC W. TRUPIN & RAYMOND PATTERSON, REPORT OF FINDINGS OF
MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT SERVICES TO YOUTH IN CALIFORNIA YOUTH AUTHORITY
FACILITIES (Dec. 2003), available at https://www.clearinghouse.net/chDocs/public/JI-CA-0013-0021.pdf; THOMAS
O’ROURKE & ROBERT GORDON, EDUCATION PROGRAM REVIEW OF CALIFORNIA YOUTH AUTHORITY (Dec. 2003),
available at https://www.clearinghouse.net/chDocs/public/JI-CA-0013-0023.pdf; BARRY KRISBERG, GENERAL
CORRECTIONS REVIEW OF THE CALIFORNIA YOUTH AUTHORITY (Dec. 23, 2003), available at
http://www.nccdglobal.org/sites/default/files/publication_pdf/ca-youth-authority.pdf. The reports and consent decree
are available at https://www.clearinghouse.net/detailDocument.php?id=12816. Court documents through 2006 and a
history of the case are also available. See Farrell v. Harper, Major Cases, PRISON LAW OFFICE,
http://prisonlaw.com/major-cases/.
82 See Farrell v. Harper, PRISON LAW OFFICE, http://prisonlaw.com/post_case/farrell-v-harper/.
83 Although the case was settled in 2004, four years later, the state had still not complied with any of the deadlines in
the remedial plans, and the Prison Law Office went back to court to procure an order with new deadlines and additional
compliance requirements. Order, Farrell v. Cate, RG03-079344 (Cal. Sup. Ct. 2008).
84 See FARRELL QUARTERLY MONITORING REPORTS, CALIFORNIA DEP’T OF CORR. & REHAB., DIV. OF JUV. JUST.,
REFORM PLANS & PROGRESS, https://www.cdcr.ca.gov/Juvenile_Justice/Reform_Plans_and_Progress.html (last
visited Jan. 6, 2019). The case was dismissed in early 2016. Don Thompson, California Resolves Long-running
Lawsuit over Youth Prisons, ASSOC. PRESS (Feb. 25, 2016). https://www.dailydemocrat.com/2016/02/25/california-
resolves-long-running-lawsuit-over-youth-prisons/. Shortly before the case was dismissed, Dr. Barry Krisberg
reviewed the changes with respect to locked room confinement, including getting rid of the old 23-and- 1 programs;
using short term “cool down” periods for youth who may be a danger to themselves or others; use of Treatment
Intervention Program (TIP) for specialized attention, usually resulting in return to regular programs within a day;
elimination of Temporary Detention that was essentially solitary confinement; and implementation of Behavioral
Management Programs for youth engaged in repeated and very serious disciplinary infractions allowing youth to spend
most of their waking hours outside their rooms receiving education and treatment, and working toward release to
regular housing units. Barry Krisberg, Reforming the Division of Juvenile Justice: Lessons Learned, 46 MCGEORGE
L. REV. 775, 786–88 (2014).
