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Catalog of Federal Domestic Assistance

Program Descriptions

16.105:  Civil Rights of Institutionalized Persons

Popular Name:  (Equal Enjoyment of Rights in Public Facilities; Protection of Rights to Reproductive Health Services)

Objectives:  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 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 enforce civil penalties 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.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

16.105 ELIGIBILITY REQUIREMENTS:

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 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 who has 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.

16.105 APPLICATION AND AWARD PROCESS:

Preapplication Coordination:  None. This program is excluded from coverage under E.O. 12372.

Application Procedure:  Contact the Special Litigation Section, Civil Rights Divisions, U.S. Department of Justice, P.O. Box 66400, Washington, DC 10530-6400 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.

Criteria for Selecting Proposals:  Not applicable.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  Not applicable.

16.105 RELATED PROGRAMS:

• 29.001 Clearinghouse Services, Civil Rights Discrimination Complaints;
• 93.613 Mental Retardation: President's Committee on Mental Retardation.

16.105 PROGRAM ACCOMPLISHMENTS:

(Special Litigation) Civil Rights of Institutionalized Persons Act (CRIPA). CRIPA covers public institutions, including prisons, jails, juvenile correctional facilities, mental retardation facilities, psychiatric hospitals and nursing homes. In fiscal year 1999, we opened investigations of six facilities and issued findings letters upon completing investigations of nine facilities. We filed cases involving 20 facilities and entered consent decrees or settlement agreements in cases involving 29 facilities. Of particular note, we negotiated relief to settle two major lawsuits covering five Arizona women's prisons and two Michigan women's prisons. Both cases involved allegations of sexual misconduct by prison staff against female inmates. We closed cases involving 16 facilities including a longstanding consent decree involving eight Michigan men's prisons. In addition, we continued investigations begun in prior years in over 50 facilities and monitored compliance with court-ordered relief covering over 122 facilities. Finally, we implemented the Prison Litigation Reform Act in all of our work involving correctional facilities. Police Misconduct: During fiscal year 1999, the Special Litigation Section also protected citizens from law enforcement agencies that impinge upon their federal rights under the Department's authority pursuant to Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 and the Omnibus Crime Control and Safe Streets Act of 1968. The Section initiated new investigations and continued previously-approved investigations of state and local police departments, and monitored settlements involving the Pittsburgh and Steubenville Police Departments. The Section completed investigations in two jurisdictions and initiated negotiations to resolve identified problems. The Section also was active in the Department's Police Misconduct Initiative, which includes representatives from various sections in the Division, the Office of Justice Programs, the FBI, the COPS office, the Executive Office for United States Attorneys, and the Community Relations Service. This Initiative was created at the Attorney General's request to coordinate Department-wide efforts to combat police misconduct. In addition, the Section took the lead in conducting a comprehensive review of the policies, training and practices of the Department's law enforcement agencies with regard to ensuring nondiscrimination in law enforcement activities. The Section also helped plan the Attorney General's June 1999 conference on "Strengthening Police - Community Relations." Freedom of Access to Clinic Entrances Act (FACE): Pursuant to its authority under FACE, the Department continued to protect the rights of patients and health care providers against threats of force and physical obstruction of reproductive health facilities. The Special Litigation Section continued to work closely with the offices of the United States Attorneys and State Attorneys General in prosecuting FACE violations. During FY 1999, the Department was successful in obtaining relief in five on-going FACE cases, including contempt and permanent injunctions. These orders protected the rights of patients and health care providers who were the targets of anti-abortion violence and other conduct that violates the Access Act.

16.105 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE

Type of Assistance:  Provision of Specialized Services.

Obligations:  (Salaries and Expenses) FY 99 $4,727,000; FY 00 est $5,978,000; and FY 01 est $8,269,000.

Budget Account Number:  15-0128-0-1-752.

Authorization:  Civil Rights of Institutionalized Persons Act, Public Law 96-247, 42 U.S.C. 1997; 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.

Regulations, Guidelines, and Literature:  28 C.F.R. 0.50, Summary of the Civil Rights Act of 1964, 45 C.F.R. Part 84.

16.105 INFO CONTACTS:

Regional or Local Office:  None.

Headquarters Office:  Chief, Special Litigation Section, Civil Rights Division, Department of Justice, P.O. Box 66400, Washington, DC 20530-6400. Phone: (202) 514-6255. Contact: Office of Public Affairs. Phone: (Voice) (202) 514-2007; (TDD) (202) 514-1888. Website address: "www.usdoj.gov/crt/split/index.html".

(See Appendix IV for more contact info.)

16.105 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Not applicable.

Length and Time Phasing of Assistance:  Not applicable.

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 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.

16.105 POST ASSISTANCE REQUIREMENTS:

Reports:  Not applicable.

Audits:  Not applicable.

Records:  Not applicable.