The CRIPA Administrator (CA) position monitors the CRIPA Settlement Agreement. The female offender is a rapidly growing special needs population.


AUTHORITY:
U. S. Department of Justice, Civil Rights Division, Civil Action No. 97-476 - PHX-ROS, Civil Rights of Institutionalized Persons Act Settlement Agreement.
 

HISTORY:
Civil Rights of Institutionalized Persons Act (CRIPA): In the 1997 lawsuit United States v. State of Arizona, et al., the U.S. Department of Justice charged the Arizona Department of Corrections with violating the Civil Rights of Institutionalized Persons Act (CRIPA) by demonstrating indifference to allegations by female offenders that they were not adequately protected from correctional staff. In an agreement that has been reached, nothing can be construed as an admission that the Arizona Department of Corrections violated the constitutional rights of any female offender.

Terms of the agreement affect all correctional and non-correctional staff with female offender contact and kept current policies and procedures in place. The agreement stipulated full dismissal of the charges against the State following enforcement of improved procedures by the Department. Some of the key points included:

• Female offenders will be advised with both oral and written information regarding what constitutes inappropriate staff-offender behavior, and how to report it.

• Psychological services available to any offender involved or alleged to have been involved in inappropriate staff-offender behavior.

• Stringent pre-employment screening for all individuals hired to positions with female contact.

• Revised training curriculum for correctional and non-correctional staff regarding inappropriate staff-offender behavior.

• New policy whereby male staff will notify their supervisors when they will be alone in a secluded area with a female offender.

• Enhancements to investigative procedures.

Additionally, female offenders will be permitted to correspond in confidence with a created CRIPA Administrator (Established in 1998) about allegations of inappropriate staff-offender behavior. The Administrator will be able to conduct random interviews with staff and offenders. Further, the Department of Corrections and the Justice Department agreed to a designated monitor who would carry out inspections twice in the six months following the settlement to determine compliance with the agreement. At the end of six months, and with full compliance met, the law suit was dismissed in March 1999.

"The United States agrees that the dismissal of this action is appropriate. There is no pattern or practice of Defendants violating female inmates constitutional rights to be free from sexually inappropriate behavior and unnecessary invasions of privacy. The Arizona Department of Corrections remains committed to eliminating inappropriate staff-inmate behavior."

In addition to the Settlement Agreement the Department of Corrections developed DEPARTMENT ORDER: 120 CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT COMPLIANCE. The purpose of this Department Order is to ensure that the Arizona Department of Corrections and its staff respect the basic dignity of females incarcerated in its facilities and tolerate no abuse of those offenders. Every allegation of abuse or inappropriate relationships with female offenders shall be thoroughly investigated. Sustained allegations shall result in disciplinary action up to and including dismissal and, if appropriate, criminal prosecution.
 

MAJOR FUNCTIONS:

1.  Monitors the compliance with the CRIPA Settlement Agreement.

2. QUALITY ASSURANCE PROGRAM - Has coordinated a permanent review system focusing on inspecting the following aspects of compliance with
Department Order 120:

3.  ADC has developed a nationally known training curriculum, "Working With The Female Offender". The course is taught in the Correctional Officer Training Academy to all new cadets. Staff Development and Training conducts classes monthly for all staff, licensed medical providers and non-correctional staff including contractors or contract employees and volunteers and the course is included in the annual training plan. The training is required for those employees who will have significant female offender contact.

4.  Women Living Free (WLF): WLF is a community based transitional program which is funded by grants and private donations. Tracy Bucher, former Executive Director of WLF developed the program based on her experience as a former offender in the Arizona prison system. The program began conducting groups at the Arizona State Prison Complex at Perryville - Santa Cruz unit in July 2002. There are currently two (2) Tracks of the year long program being conducted. Each tracks capacity is twenty female offenders. Due to changes in the law regarding time credits that offenders earn several of the Track One participants have been released prior to completion of the year long program. Offenders enrolled in Track Two will not be affected by the legislation. Twenty female offenders are enrolled in the year long program while incarcerated and continue participating with WLF for 2 additional years once released.

The female offenders are taught courses in Financial Literacy, Journaling, Domestic Violence, Non-Violent Communication, House of Healing, Family Reunification, Meditation and Mind-Body and Spirit (holistic health and nutrition). WLF assist the released offenders with housing, job placement and other services. Several community based organizations provide the services to the female offenders in 12 week blocks. The WLF program provides incarcerated women with the resources necessary to become successful in their transition from prison to the community. WLF assist released offenders with housing, job placement and other services.
 

SIGNIFICANT ACCOMPLISHMENTS:

The most significant accomplishment of this office has been the establishment of the screening and the training for staff, correctional and non correctional who will be working with the female offenders. Also important is that the female offenders during orientation at the Reception Unit are trained in the area of avoiding inappropriate staff/offender relationships. The training they received during Reception is reinforced upon transfer to another unit within the institution. As part of the Offender Handbook information is provided to the offenders on the procedures on how to report allegations of inappropriate staff/offender behavior.

ADC has been proactive in ensuring that the both staff and female offenders are informed that the CRIPA Settlement Agreement is significant and that any inappropriate staff/offender relationships will be investigated and prosecution pursued with the Maricopa County Attorney’s Office or the Attorney General’s Office.

The CRIPA Administrator has compiled statistical data of all CRIPA and Inappropriate Staff/Offender Relationship investigations conducted since 2000 for female offender facilities and male offender facilities.

For more information, please contact:
CRIPA Administrator: Ellen Kirschbaum
(602) 364-2405
ekirsch@azcorrections.gov