NCJ Number
179774
Journal
Corrections Today Magazine Volume: 61 Issue: 6 Dated: October 1999 Pages: 148-156
Date Published
1999
Length
9 pages
Annotation
Civil rights laws applicable to juvenile detention and correctional institutions, the procedures used to enforce these laws, and major recurring problems and solutions related to these issues in juvenile justice facilities are discussed.
Abstract
The Department of Justice (DOJ) enforces the Civil Rights of Institutionalized Persons Act and a provision of the 1994 Violent Crime Control and Law Enforcement Act related to juveniles' Federal rights. DOJ uses law enforcement investigations and litigation to enforce these statutes. The Special Litigation Section has investigated almost 100 juvenile correctional facilities over 18 years and has resolved most investigations without contested litigation. DOJ has focused mainly on the Constitution, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act in enforcing the Federal rights of incarcerated juveniles. DOJ sends a findings letter if it finds a pattern or practice of Federal inadequacies and seeks to negotiate an agreement without resorting to litigation. Recurring problems in juvenile facilities include crowding, the diversity of the juvenile inmate population and the growing numbers of youths with special needs, the increasing number of incarcerated juveniles age 14 or younger, mentally ill or mentally retarded juveniles, the increased use of adult models of operation in juvenile facilities, juvenile education programs. Agreements reached to address these problems have required additional resources, the use of qualified State-level staff to address problems such as mental health or education, the development of internal quality assurance mechanisms, a continuum of placements and the use of risk and needs assessments to assign juveniles to appropriate placements, and additional training. DOJ would prefer not to become involved in reform efforts and hopes to minimize conflicts while working with institutions as it meets its law enforcement obligations.