Preventing and Coping with CRIPA Investigations

By Rosenbloom, Robert | Corrections Today, February 2010 | Go to article overview

Preventing and Coping with CRIPA Investigations


Rosenbloom, Robert, Corrections Today


The history of separate facilities and treatment for youthful offenders has evolved during the past century. The recognition that youths have different needs than adults and therefore require different approaches to rehabilitation is a fairly well-settled, though not universally held, view. Today, debate continues when deciding whether a youth should be charged as an adult for his or her crimes and receive an adult penalty. Issues related to the lack of due process in juvenile court proceedings during the last half of the 20th century have brought about more protection of juvenile rights. However, there is an expectation from judges and prosecutors, as well as the public, that youths serve extended time in secure confinement--that "accountability" means loss of freedom, not just an opportunity for rehabilitation and treatment. It is within this overall context that juvenile agencies have also had to develop different approaches to treatment of juvenile offenders within secure facilities.

30 Years of CRIPA

In 1980, Congress passed the Civil Rights of Institutionalized Persons Act (CRIPA). The Act covered many types of adult institutions and included juvenile facilities. The backdrop for this law was to protect against conditions of confinement that were unlawful and violated constitutional protections of youths. The Department of Justice (DOJ) was authorized to bring legal action against state and local governments for these violations. In 1988, the Office of Juvenile Justice Delinquency Programs (OJJDP) commissioned a comprehensive nationwide study of juvenile detention and corrections. Four areas were found to have substantial deficiencies: living space, security, control of suicidal behavior and health care. The report also identified crowding and youth violence as problems.

In 1999, at the annual National Juvenile Corrections and Detention Forum, chief of the special litigation section of the Civil Rights Division for DOJ, Steven Rosenbaum, delivered remarks on enforcing the federal rights of incarcerated juveniles. Those remarks, now a decade old, are still reflective of the current practices of the DOJ in investigating complaints, resolving issues prior to litigation, and describing the conditions that will bring a team into a state or county facility to evaluate the alleged problems. The triggers for an investigation are: reasonable safety for youths to include protection from juvenile-on-juvenile violence, excessive force by staff, adequate medical and mental health care, rehabilitative treatment, educational services including special education, and basic physical plant accommodations. Crowding, especially in detention centers, is listed as a major cause of reoccurring problems, as well as the mixing of different age groups, which leads to myriad potential constitutional violations.

While many jurisdictions have made tremendous improvements in their detention and juvenile correctional facilities, CRIPA investigations continue and could potentially increase. The 2008 report to Congress by DOJ on its activities under CRIPA included the following, "The welfare of our nation's youth confined in juvenile justice facilities has been a high priority for the Division." From 2001 to 2008, there were 24 investigations of 48 juvenile facilities, 18 findings letters regarding 27 facilities, and 18 substantial agreements. The report goes on to state that there is a greater than 100 percent increase for investigations compared to the preceding seven-and-one-half years. In 2010, with a change in administration and a new attorney general, there is some speculation that the focus on CRIPA as a tool to address conditions of confinement in juvenile facilities will take on even a greater role. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Preventing and Coping with CRIPA Investigations
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.