If you were an inmate in one of Santa Clara County's jails after July 1, 2003, a class action settlement may affect your rights. The lawsuit is Hopkins, et al. v. Flores, et al., Case No. 1-05-CV-035647 and is in the Santa Clara County Superior Court. The lawsuit was filed in 2005 by plaintiff inmates alleging that Santa Clara County's administration of its Inmate Welfare Fund (IWF) violated Cal. Penal Code Section 4025. The proposed settlement, if approved by the Court, may result in a dismissal of the case and affect your rights. This Notice summarizes your rights and options. By order of the Court, this Notice is to be posted in the housing units in the Elmwood and Main Jail facilities and delivered by hand to inmates who do not have access to such postings.

The lawsuit alleges that beginning in July 2003, the County's administration of the IWF violated Penal Code section 4025 and deprived inmates of the DOC of the benefits of the IWF. The complaint alleges that the County used the IWF to pay for expenses that should have been paid by the County's General Fund and allocated telephone and commissary contract bonuses to the County's General Fund rather than to the IWF, resulting in the reduction of services and programs provided to the inmates. The County denies these allegations and contends that it administered the IWF within the parameters permitted by Penal Code section 4025.

This case was certified by the Court to include: "all individuals who have been incarcerated in County jails since July 1, 2003, are currently inmates of County jails, or will be inmates of County jails at the time judgment is entered in this action." For over a year, the parties have engaged in settlement negotiations and mediation, resulting in the proposed settlement below. Class Counsel recommends this settlement because it provides fair, adequate and reasonable relief to the class.

The proposed settlement requires the County to pay $1.5 million to the IWF. The County will have an expert assess the needs of inmates and, if the recommendations are accepted by the parties, direct IWF funds to meet them. The settlement requires the County to comply with Section 4025; it also requires the County to spend most IWF funds on direct services to inmates. The County will also have reporting obligations regarding its use of IWF funds, and the IWF will be audited every two years. The County will add a community member who is interested in the welfare of inmates to the IWF Committee, which makes decisions about how IWF money is spent. The County will also deposit all future commissary and phone contract profits and commissions into the IWF. The County has also agreed that it will not oppose plaintiffs' application for court approval of attorneys' fees not to exceed $450,000 and for court approval of payment of a $1,000 incentive award to each of the three named class representatives.

Although this notice summarizes the proposed settlement, your rights will be determined by the actual settlement, not this Notice. You may request a copy of the entire proposed settlement agreement from Class Counsel at the address below.

If you are a class member and do not agree with the proposed settlement, you may file written objections to the proposed settlement by mailing them to: Office of the Clerk, Superior Court of California, County of Santa Clara, 191 North First Street, San Jose, CA 95113 no later than January 19, 2008. The objections must include the following: (1) the case name and case number: Hopkins, et al. v. Flores, et al., No. 1-05-CV-035647; (2) what exactly you object to about the settlement agreement; (3) an explanation of why you object; (4) your full name and PFN number; and (5) your address and phone number if you are not incarcerated at the time you file your objections.

After reviewing any objections that have been filed, the Judge will hold a hearing on January 24, 2008 at 9:00 a.m. in Dept. 22 of the Superior Court listed above to decide whether or not to approve the settlement. If the Judge finds that the proposed settlement is a fair, reasonable and adequate compromise of this case, the settlement will become final.

If you have questions, or wish to review any of the documents in this case, you may contact Class Counsel as follows:

If you do not have any objections to the proposed settlement, then you do not have to do anything.