Civil Rights of Institutionalized Persons Act, Public
Law 96-247, 42 U.S.C. 1997; Religious Land Use and Institutionalized Persons
Act of 2000, 42 U.S.C. 2000cc-1; Civil Rights Act of 1964, as amended, Title
III; Freedom of Access to Clinic Entrances Act, 18 U.S.C 248; Violent Crime
Control and Law Enforcement Act of 1994, Section 210401, 42 U.S.C. 14141;
Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3789d.
To initiate actions for redress in cases involving
deprivations of rights of institutionalized persons secured and protected by
the Constitution or laws of the United States. To prevent any government from
imposing a substantial burden on the religious exercise of a person residing
in or confined to a publicly operated institution. To provide equal
utilization of any public facility owned or operated by any State or
subdivision thereof, without regard to race, religion, or national origin. To
obtain civil relief for certain violent, threatening, obstructive, and
destructive conduct intended to injure, intimidate, or interfere with persons
seeking to obtain or provide reproductive health services, or interfere with
the First Amendment right of religious freedom, or destroy the property of a
place of religious worship. To seek relief to redress a pattern or practice of
conduct by law enforcement officers that deprives citizens of the United
States of their constitutional rights.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The Attorney General is authorized to initiate or intervene in actions for
equitable relief on behalf of institutionalized persons residing in pubic
institutions wherein a pattern or practice of egregious or flagrant conditions
exists. Such institutions include: facilities for persons who are mentally ill
or mentally retarded, nursing homes, prisons, jails, and juvenile detention
and correctional facilities. The Attorney General may bring suit to protect
the rights of persons in publicly operated institutions to be allowed to
exercise their religion without substantial burdens being imposed by the
public entity operating the institution. The Attorney General may also bring
suit and request injunctive relief prohibiting discrimination on the basis of
race, color, religion, and national origin in the operation of public
facilities when he/she receives and certifies as meritorious a written
complaint of such discrimination. The Attorney General is authorized to
investigate and, where appropriate, initiate actions for relief from certain
violent, threatening, obstructive, and destructive actions intended to injure,
intimidate, or interfere with persons seeking reproductive health services, or
deny religious freedom, or destruction of property at places of religious
worship. The Attorney General is authorized to investigate patterns or
practices of conduct by law enforcement officials which deprive U.S. citizens
of their constitutional rights, and may initiate civil actions for relief from
such constitutional deprivations.
Applicant Eligibility: Any person notifying the
Attorney General of a pattern on violations of Federal rights of persons
confined in a public institution in any State, territory, or Commonwealth of
the United States. Any person notifying the Attorney General of violations of
the Freedom of Access to Clinic Entrances Act (FACE). Any person notifying the
Attorney General of pattern or practice conduct by law enforcement officers
which deprive citizens of the U.S. of their constitutional rights under
Section 210401.
Beneficiary Eligibility: Institutionalized
persons confined in public facilities such as prisons, jails, mental health
and mental retardation facilities, nursing homes, and juvenile correctional
facilities where there is a pattern of unlawful conditions. Any persons in a
publicly operated institution not allowed to exercise their religion because
of substantial burdens imposed by the public entity operating the institution.
Any persons who have been denied access to or the ability to provide clinic
reproductive health services, or has been denied religious freedom, or
suffered the destruction of property at a place of religious worship. Any
persons who, as a part of a pattern or practice of conduct by law enforcement
officers, have been deprived of their constitutional rights.
Credentials/Documentation: Not applicable.
APPLICATION AND AWARD PROCESS:
Pre-application Coordination: None. This program is
excluded from coverage under E.O. 12372.
Application Procedure: Contact the U.S.
Department of Justice, Civil Rights Divisions, Special Litigation Section,
Washington, DC 20530 or any United States Attorney's Office.
Award Procedure: Not applicable.
Deadlines: Not applicable.
Range of Approval/Disapproval Time: Not
applicable.
Appeals: Not applicable.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 15-0128-0-1-752.
Obligations: (Salaries and Expenses) FY 01
$7,500,000; FY 02 est $8,920,000; and FY 03 est $9,799,000.
Range and Average of Financial Assistance: Not
applicable.
(Special Litigation) Civil Rights of Institutionalized Persons Act (CRIPA):
covers public institutions, including prisons, jails, juvenile correctional
facilities, mental retardation facilities, psychiatric hospitals and nursing
homes. The Section has open CRIPA investigations and cases in approximately
175 facilities. Our work regarding about one third of those facilities is in
the investigative stage, including new investigations of 20 facilities
initiated in FY 2000 and FY 2001. The Section also has undertaken a nursing
home initiative to address constitutional violations in publicly operated
nursing homes. From FY 1997 to date, we have settled over 95 percent of our
CRIPA cases. In addition, we have resolved many investigations pre-suit
because jurisdictions voluntarily corrected the problems. In FY 2000 and FY
2001, we have negotiated settlements covering 11 facilities for persons with
developmental disabilities; four juvenile detention facilities, and eight
county jails. In addition, the Section continues to participate in a pre-CRIPA
case regarding persons with developmental disabilities residing in
approximately 200 community based facilities in the District of Columbia; we
recently negotiated a comprehensive settlement to rectify serious deficiencies
we uncovered in the residential facilities. Police Misconduct: The Section
continues to play a major role in promoting law enforcement management
policies and practices that foster police integrity through its outreach,
technical assistance and enforcement efforts under 42 U.S.C. 14141 and the
Safe Streets Act. The Section has open investigations of 13 law enforcement
agencies; two of these investigations began based upon requests from the
jurisdictions. In addition, we are reviewing information about approximately
25 additional law enforcement agencies to determine whether to open an
investigation. The subject matter of the investigations usually includes
allegations of a pattern or practice of excessive force or discriminatory
policing tied to management deficiencies. The investigations are complex,
usually requiring the review of voluminous records, extensive interviews,
creation and analysis of sophisticated databases, and the use of police
practices and other consultants. Investigations also include provision of
technical assistance through the continuing identification of deficient
policies and management practices and, in some instances, direct technical
assistance presentations to agency personnel by our police practices
consultants. In four of our five lawsuits alleging a pattern or practice of
police misconduct, consent decrees were negotiated and were lodged
simultaneously with our complaints. In addition, two other investigations have
resulted in out-of-court settlements. Recent settlements cover three large law
enforcement agencies: the District of Columbia Metropolitan Police Department
(FY 2001); the Los Angeles Police Department (FY 2001); and, the New Jersey
State Police (FY 2000). The settlements require the adoption and
implementation of policies and procedures designed to prevent excessive force,
improper searches and seizures or racial profiling.
REGULATIONS, GUIDELINES, AND LITERATURE:
28 C.F.R. 0.50, Summary of the Civil Rights Act of 1964, 45 C.F.R. Part 84.
INFORMATION CONTACTS:
Regional or Local Office: None.
Headquarters Office: Department of Justice, Civil
Rights Division, Special Litigation Section, Washington, DC 20530. Telephone:
(202) 514-6255. Contact: Office of Public Affairs. Telephone: (Voice) (202)
514-2007; (TDD) (202) 514-1888.
Web Site Address: http://www.usdoj.gov/crt/split/index.html.
