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Settlement Reached In Indiana Juvenile Conditions Of Confinement Action

On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a
settlement agreement with the United States Department of Justice (DOJ)
regarding conditions of confinement of juvenile prisoners at Logansport
Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility.
The settlement is a result of an investigation initiated in 2004 by the DOJ
pursuant to the Civil Rights of Institutionalized Persons Act, 42 USC §1997
(CRIPA) and the Violent Crime Control and Enforcement Act of 1994, 42 USC
§14141 (Section 14141).

The DOJ's investigation of IDOC juvenile facilities uncovered
constitutional and Federal statutory violations of the rights of juvenile
prisoners including (1) lack of adequate comprehensive mental health
screening and care; (2) lack of protection from harm, including use of
excessive force by staff, child abuse, youth on youth violence and alleged
sexual assaults; (3) lack of adequate educational/vocational opportunities
for juvenile prisoners, including special education screening and programs,
as well as standards to Implement Individual Education Program (IEP) and
Individual Learning Plan (ILP) as defined by the No Child Left Behind Act
of 2001; and (4) lack of policies, procedures, and training of staff to
upgrade and correct these problems. IDOC voluntarily began implementing
corrective measures in 2005, as a result of the DOJ investigation, and has
made substantial progress in implementing many of these changes.

In the event the terms of the settlement are not substantially complied
with within three years, the DOJ will reinstate a complaint in the United
States District Court for the Southern District of Indiana, previously
dismissed contingent upon the settlement. A stipulation in the settlement
specifically prohibits prisoners from relying upon any agreements therein
in any other legal action. See: In re Indiana Juvenile Facilities, No
Citation Available (S.D. Indiana February 8, 2006).

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Related legal case

In re Indiana Juvenile Facilities