The Civil Rights of Institutionalized Persons Act and DOC Placement of Folks Under Bridges

7-7-2009 Florida:

A educational walk through the Civil Rights of Institutionalized Persons Act.

In Florida right now there are over 75 men and one woman living under the Julia Tuttle Causeway bridge. The majority of them have been told by the Florida Department of Corrections, Parole or Probation Division, that the is where they must live; key "told where they must live." Group-A

There may be others who are not on parole or probation also living under the bridge (Group-B), this commentary does not pertain to those folks. In addition, there is one person who is disabled, in a wheelchair, but I am not sure which group he may belong to, so I call him Group-C, however with a disability he would fall under a separate federal law.

As to Group-A those under state supervision, whatever reason/s causes the Florida Department Of Corrections (DOC) to place this Group under the causeway bridge is not relevant nor is whether these folks are considered dangerous to any community, both being separate DOC issues. These issues are completely separate from whether under the Civil Rights of Institutionalized Act (CRIPA) placing this Group under the bridge violates CRIPA. Obviously the DOC is using the bridge as an "other facility or community placement," and continue to send folks there as need be.

CRIPA, a federal law, applicable to all incarcerated folks. In essence, CRIPA requires humane treatment of those under state care. Under CRIPA Group-A has certain rights as to "conditions of confinement" and whether or not -under the bridge- is considered a facility or not, does not negate the fact that Group-A by virtue of being under state supervision are entitled to humane "conditions of confinement." Let us not forget, they are told to live there, and being a state roadway it is state property.

Clearly, Group-A forced to live under a bridge -subject to all sorts of weather conditions, especially in Florida during dangerous hurricane seasons, with no real shelter- and with no amenities of life is cruel and unusual by any reasoning or standard (eAdvocate's opinion). CRIPA was enacted to stop such practices. In fact, CRIPA Sec. 1997a(a) states:

"Whenever the U.S. Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section 1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, except that such equitable relief shall be available under this subchapter to persons residing in or confined to an institution as defined in section 1997(1)(B)(ii) of this title only insofar as such persons are subjected to conditions which deprive them of rights, privileges, or immunities secured or protected by the Constitution of the United States."

This has gone on for some time and all along the media has covered it, but no one, State or Local, has stepped in to alleviate these conditions. So Group-A folks need to make a decision, if they want these conditions to change, as many as possible do the following:

U.S. Dep't of Justice Procedure:
How to File a Complaint:
The most effective means of filing a complaint is to write a letter to the Section explaining the situation about which you are complaining, with as much detail as possible. If you are aware of similar incidents involving others, please include that information as well. Please include information on how to contact you if we need further information (such as an address and telephone number). Also, do not include original documents as we cannot guarantee their safe return. Address all complaints to:

Special Litigation Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Special Litigation Section
Washington, D.C. 20530
The Section can also be reached by telephone (202-514-6255 or toll-free at 877-218-5228) or fax (202-514-0212 or 202-514-6273).

Once the Special Litigation Section (SLS) gets a pile of letters and/or phone calls, with persons complaining of conditions of confinement -under parole or probation- as violating CRIPA, step 1 is finished.

Those contacts should cause an investigation to begin, and it could result in a lawsuit against the State of Florida, DOC Division. However, I doubt very much it will go to a lawsuit because the Governor and the Legislature -once the get wind of a possible lawsuit- will get involved and some resolution will be found and enacted into law.

Hopefully, like in New Jersey, all local residency laws were invalidated and replaced by a statewide one. Again, just a guess from a layperson who above has done no more than read what the laws say, and post it to this blog.

Group-C the person with the disability: If he is also under state supervision (i.e., under parole or probation) then he just follows the same as Group-A. However, because of the Americans with Disability Act he may want to contact ADA because conditions of confinement pertaining to folks with disability place special restrictions on the state and likely they too have been violated. I could not find a toll free phone number. Contact:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYA
Washington, D.C. 20530

Group-B: Unfortunately there doesn't seem to be any great resolve for you folks, but I would guess it is a strong likelihood that if, the other Groups get relief, it will be through the legislature and this Group will reap the benefits as well.

One final point, as to ALL Groups, forcing people to live as those under the bridge are living clearly violates the International Covenant on Civil and Political Rights, Article 10 (1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.).

In closing a special thanks to my readers who have provided the leads to the above information and who wish to remain anonymous, as I do believe it will help folks.

eAdvocate
(A Layperson and not a lawyer, for legal advice see a local lawyer)