Civil Rights of Institutionalized Persons Act: Difference between revisions
Empty sections moved to the sandbox |
added more info for juvenile rights |
||
| Line 8: | Line 8: | ||
==Juvenile Correctional Facilities== |
==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.<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" /> |
||
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 other things like family communication, recreation, exercise. <ref name="juvenile justice">The Legal Rights of Juveniles in Confinement. http://law.jrank.org/pages/1506/Juvenile-Justice-Institutions-legal-rights-juveniles-in-confinement.html</ref> |
|||
==References== |
==References== |
||
Revision as of 20:12, 22 February 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 was enacted into law in 1980, which 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 who's 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.
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 other things like family communication, recreation, exercise. [4]
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
- ^ The Legal Rights of Juveniles in Confinement. http://law.jrank.org/pages/1506/Juvenile-Justice-Institutions-legal-rights-juveniles-in-confinement.html
 | This United States federal legislation article is a stub. You can help Wikipedia by expanding it. |