NCJ Number
83859
Date Published
1982
Length
17 pages
Annotation
The Department of Justice seeks to facilitate effective correctional services administration with a minimum of Federal intrusiveness, maximum conciliation, and understanding of difficulties facing individual States.
Abstract
In May 1980, Congress enacted the 'Civil Rights of Institutionalized Persons Act.' The act provides the necessary implementing legislation for the department's activities in corrections law, articulates the standards, and specifies the time frames and conditions that must be met prior to initiation of any litigation. Facilities covered by the act include jails, prisons, other correctional facilities, pretrial detention centers for adults and juveniles, and certain juvenile residential facilities. The act authorizes the Attorney General to institute actions or to intervene in existing actions. Before intervention, specific particulars must be satisfied. The Government must have reasonable cause to believe that the persons in the facility are being subjected to egregious or flagrant conditions. The conditions must cause grievous harm. Finally, the department must conclude that the deprivation of rights in the facility is representative of a pattern of abuse. The department's investigatory process involves several stages and may enlist the resources of the FBI. A written report of the department's viewpoint must be prepared for the Governor and State Attorney General within 49 days specifying the reason for the investigation. Many cases, such as Chapman v. Rhodes (1981), involve prison overcrowding.