NCJ Number
189337
Journal
Juvenile Correctional Mental Health Report Volume: 1 Issue: 4 Dated: May/June 2001 Pages: 49-50,57-62,63
Date Published
2001
Length
9 pages
Annotation
This article explains the provisions of the U.S. Civil Rights of Institutionalized Persons Act (CRIPA) and how they are being enforced under U.S. Attorney General Janet Reno to stimulate institutional reform in the juvenile justice system.
Abstract
CRIPA authorizes the Attorney General to investigate conditions in juvenile institutions and to bring litigation when necessary. Unlike private lawsuits on behalf of juveniles, the Justice Department is not authorized to seek money damages, but rather to determine whether systemic problems exist and to ensure that any problems identified are fixed efficiently and effectively. If there is evidence of possible criminal civil rights violations, this evidence is referred to the Criminal Section of the Justice Department's Civil Rights Division. Investigations are opened under CRIPA when the Special Litigation Section of the Division of Civil Rights has reason to believe that there may be widespread problems leading to serious violations of the Federal rights of institutionalized persons. Once a formal investigation has been authorized, CRIPA requires the Justice Department to notify the governor and attorney general of the State involved, as well as the director of the facility at issue. Also notified are the State correctional administrator or head of the State department of juvenile justice. Investigations are conducted by expert consultants, attorneys, and paralegals, all with experience in juvenile justice. At the conclusion of an on-site visit, the normal practice is to meet with administrators and officials to provide feedback on initial impressions. If problems are found, every effort is made to reach an agreement with the jurisdiction about how to correct the problems. In the 18 years since Congress enacted CRIPA, the Special Litigation Section has investigated close to 100 juvenile correctional facilities in 16 States and the Commonwealths of Puerto Rico and the Northern Mariana Islands. Almost all of the investigations have been resolved without contested litigation. Settlements are monitored to ensure compliance. Major issues investigators have found repeated in troubled institutions pertain to crowding, special needs populations (especially juveniles who are very young, mentally ill, or mentally retarded), the increased use of adult correctional practices in juvenile facilities, and education. Each of these issues is discussed.