NCJ Number
68371
Journal
New England Journal on Prison Law Volume: 5 Issue: 2 Dated: (SPRING 1980) Pages: 117-134
Date Published
1979
Length
18 pages
Annotation
THE ARTICLE ANALYZES H.R. 10 WHICH PROVIDES EXPLICIT LEGISLATIVE AUTHORITY FOR FEDERAL SUITS AGAINST STATE INSTITUTIONS ON BEHALF OF INSTITUTIONALIZED PERSONS IN CASES OF A PATTERN OF CIVIL RIGHTS DEPRIVATIONS.
Abstract
IT EXAMINES THE NATIONAL POLICY TOWARD THE ONE MILLION PEOPLE CURRENTLY INSTITUTIONALIZED IN THE U.S. THE EXISTING MORAL AND FISCAL COMMITMENTS TO THE NEEDS OF THESE CITIZENS FORM THE BASIS FOR THE ESTABLISHMENT OF LEGISLATIVE AUTHORITY FOR FEDERAL JUDICIAL ACTION. THE STANDING OF THE JUSTICE DEPARTMENT IN SUCH CASES IS EXPLORED. THE JUSTICE DEPARTMENT HAS ASSUMED FOUR DIFFERENT ROLES IN THIS TYPE OF LITIGATION: AMICUS CURIAE, LITIGATING AMICUS, PLAINTIFF-INTERVENOR, AND PLAINTIFF. A SECTIONAL ANALYSIS OF H.R. 10 OUTLINES THE PROVISIONS. THESE INCLUDE A DEFINITION OF THE FACILITIES WHICH ARE COVERED, EXPLICIT GUIDELINES WHICH MUST BE MET BEFORE ACTION IS INSTITUTED, AND THE NOTICE REQUIREMENT. OTHER PROVISIONS ARE THE IMPLEMENTATION OF MEANINGFUL GRIEVANCE PROCEDURES FOR PERSONS CONFINED IN PRISONS OR CORRECTIONAL FACILITIES AND THE AUTHORIZATION FOR CONGRESS TO OVERSEE THE EFFECTS OF THE PASSAGE OF THIS LEGISLATION. THE CONSTITUTIONAL BASIS OF H.R. 10 IS TRACED THROUGH THE 14TH AMENDMENT, THE 10TH AMENDMENT, AND THE SUPREME COURT DECISIONS. THE LEGISLATIVE HISTORY AND PROGRESS OF H.R. 10 IS OUTLINED. THE ARTICLE CONCLUDES THAT THERE IS A CLEAR NEED FOR LEGISLATION TO REFLECT A STRONG NATIONAL COMMITMENT TO THE INSTITUTIONALIZED. ONE HUNDRED FOOTNOTES ARE INCLUDED.