Civil Rights of Institutionalized Persons Act: Difference between revisions
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The Attorney General has the power to enforce parts of the [[Violent Crime Control and Law Enforcement Act of 1994]], which allows them to file lawsuits against administrators of juvenile justice systems who violate the rights of incarcerated juveniles.<ref name="DOJCRD" /> |
The Attorney General has the power to enforce parts of the [[Violent Crime Control and Law Enforcement Act of 1994]], which allows them to file lawsuits against administrators of juvenile justice systems who violate the rights of incarcerated juveniles.<ref name="DOJCRD" /> |
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Juveniles are guaranteed the right of protection from violent residents and abusive staff members. They are to be provided sanitary living quarters and are not to be excessively isolated or unreasonably restrained. Juvenile offenders must also receive proper medical and mental health care. They also have the right to be educated and must have access to legal counsel, as well as have family communication, recreation, exercise.<ref name="juvenile justice">The Legal Rights |
Juveniles are guaranteed the right of protection from violent residents and abusive staff members. They are to be provided sanitary living quarters and are not to be excessively isolated or unreasonably restrained. Juvenile offenders must also receive proper medical and mental health care. They also have the right to be educated and must have access to legal counsel, as well as have family communication, recreation, exercise.<ref name="juvenile justice">{{Cite web | title = Juvenile Justice: Institutions – The Legal Rights Of Juveniles In Confinement | url = http://law.jrank.org/pages/1506/Juvenile-Justice-Institutions-legal-rights-juveniles-in-confinement.html| accessdate = March 21, 2011 | publisher=law.jrank.org}}</ref> |
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==References== |
==References== |
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Revision as of 17:24, 21 March 2011
The Civil Rights of Institutionalized Persons Act (CRIPA) of 1980 is a United States federal law[1] intended to protect the rights of people in state or local correctional facilities, nursing homes, mental health facilities and institutions for people with intellectual and developmental disabilities.
CRIPA is enforced by the Special Litigation Section in the United States Department of Justice Civil Rights Division, which investigates and prosecutes complaints in terms of this legislation.[2] The Special Litigation Section is allowed to investigate state or locally operated institutions in order to ascertain if there is a pattern or a practice of violations of the residents' federal rights.[2] The Section is not allowed to investigate private facilities. They are also not allowed to represent individuals or address specific individual cases, but they are able to file suit against the facilities as a whole.[2]
Background
The Civil Rights of Institutionalized Peoples Act (CRIPA) was enacted into law in 1980, and allowed the Department of Justice to protect the rights of those individuals who were in the care of state institutions.[3] Such institutions include state and locally operated jails and prisons, juvenile correctional facilities, public nursing homes, mental health facilities and institutions for individuals with intellectual disabilities.[3] The law allows for the Attorney General to intervene on behalf of institutionalized people whose rights may have been oppressed. This law was enacted to ensure the safety of those individuals who may feel uncomfortable reporting issues of abuse in these government run institutions.
CRIPA does not create any new rights. Instead, it allows the Attorney General to enforce already established rights of institutionalized persons.
How a Case is Brought About
The Department of Justice (DOJ) discovers possible civil rights violations in a number of ways. These reports can range from a number of informal means such as news reports, family members, the prisoners or inhabitants themselves and from former and current employees of the institution. The DOJ also uncovers civil rights violations throughout the process of other ongoing investigations.
After the DOJ has received the information of a possible violation, the Civil Rights Division (CRD) of the DOJ must determine if it has the authority to conduct an investigation. Usually, the first question they ask is whether the institution in question is a public institution or not. To qualify as a public institution, there are two requirements that must be satisfied:
- an institution must be owned, operated or managed by or provides services on behalf of any State or political subdivison of the State.
- an institution must be one of the five types of facilities described in the statute.
Once a facility is determined to have met the requirements, the CRD reviews all complaints to determine whether the allegations merit a more extensive investigation. The Attorney General has delegated the Assistant Attorney General to have the final decision on whether an investigation is warranted.[4]
Juvenile Correctional Facilities
The Attorney General has the power to enforce parts of the Violent Crime Control and Law Enforcement Act of 1994, which allows them to file lawsuits against administrators of juvenile justice systems who violate the rights of incarcerated juveniles.[2]
Juveniles are guaranteed the right of protection from violent residents and abusive staff members. They are to be provided sanitary living quarters and are not to be excessively isolated or unreasonably restrained. Juvenile offenders must also receive proper medical and mental health care. They also have the right to be educated and must have access to legal counsel, as well as have family communication, recreation, exercise.[5]
References
- ^ 42 U.S.C. § 1997 http://www.justice.gov/crt/about/spl/cripastat.php
- ^ a b c d Department of Justice Civil Rights Division http://www.justice.gov/crt/about/spl/cripa.php
- ^ a b National Council on Disability. August 8, 2005. http://www.ncd.gov/newsroom/publications/2005/pdf/personsact.pdf
- ^ Beyond the Walls: Improving Conditions of Confinement for Youth in Custody. Patricia Puritz and Scali, Mary Ann. http://eric.ed.gov/PDFS/ED419201.pdf
- ^ "Juvenile Justice: Institutions – The Legal Rights Of Juveniles In Confinement". law.jrank.org. Retrieved March 21, 2011.
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